New Rule Enhances Protections for Temporary Farmworkers in California
CALIFORNIA (May 17, 2024) — Temporary farmworkers will receive increased legal protections against employer retaliation, unsafe working conditions, illegal recruitment practices, and other abuses under a new Labor Department rule announced on Friday.
This rule, effective June 28, addresses issues faced by workers in the H-2A program, which employs about 300,000 seasonal workers, primarily from Mexico.
Labor Secretary Julie Su emphasized the importance of these protections, stating the rule is designed to empower H-2A workers to advocate for themselves and report labor abuses. The rule also aims to improve safety requirements on farms and enhance transparency in worker recruitment to combat human trafficking.
The new regulations include requirements for employers to provide safer transportation for workers, with mandatory seat belts in vans and buses. It also shields workers from retaliation if they meet with legal service providers or union representatives at employer-provided housing and protects them from mandatory “captive audience” meetings.
The temporary farmworkers rule also mandates that employers disclose all recruiters involved in hiring and provide copies of recruitment agreements, a measure intended to curb human trafficking.
The proposal received nearly 13,000 public comments, with some industry groups expressing concerns about regulatory overreach. Ted Sester, a nursery owner, criticized the rule for its stringent enforcement. Similarly, the Northwest Horticultural Council argued the new requirements complicate the already challenging H-2A program and could harm growers in the Pacific Northwest.
If you or someone you know has experienced labor abuses or unsafe working conditions, contact RTM Law Firm for a free consultation. Our experienced employment attorneys in California can help you understand your rights and determine if you are eligible for financial compensation. Reach out today for a free and confidential case review.
Do you need compassionate support and effective representation?
No fees until we win. Available 24/7.
