Temporary farmworkers get more protections against retaliation and other abuses under new rule
a proposal for the new rule in September, saying it would boost safety requirements on farms and raise transparency around how such workers are recruited, in order to combat human trafficking. The Labor Department is already required to ensure that the H-2A program doesn’t undercut the wages or working conditions of Americans who take similar jobs. Employers are required to pay minimum U.S.
wages or higher, depending on the region. They are also required to provide their temporary workers with housing and transportation. Reports of overcrowded farm vehicles and fatalities have increased as the number of guest farmworkers has risen, officials say.
Transportation accidents are a leading cause of death for farmworkers. The new rule will require farmers who employ H-2A workers to make sure the vans and buses they use to transport workers long distances — and that are often driven by tired workers — have seatbelts for all passengers. The new rule also protects temporary agricultural workers from employer retaliation if they meet with legal service providers or union representatives at the housing provided by the employer.
It also protects them from retaliation when they decline to attend “captive audience" meetings organized by their employer. And in a step intended to counter human trafficking, employers would be required to identify anyone recruiting workers on their behalf in the U.S. or foreign countries and to provide copies of any agreements they have with those recruiters.
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