Improving Protections for Workers in Temporary Agricultural Employment in the United States

42 organizations filed 52 public comments on Improving Protections for Workers in Temporary Agricultural Employment in the United States, at the ETA. The comment window closed 987d ago.

Abstract

The Department of Labor (Department or DOL) proposes to amend its regulations governing the certification of temporary employment of nonimmigrant workers employed in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of these nonimmigrant workers. The revisions proposed in this notice of proposed rulemaking (NPRM or proposed rule) focus on strengthening protections for temporary agricultural workers and enhancing the Department’s capabilities to monitor program compliance and take necessary enforcement actions against program violators. The Department’s proposals to strengthen protections and improve compliance are aimed at ensuring that the Department can better fulfill its statutory responsibility under 8 U.S.C. 1188(a)(1) to certify that (1) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the petition; and (2) the employment of H-2A workers will not adversely affect the wages and working conditions of workers in the United States similarly employed. The proposed changes include stronger protections for workers who advocate for better wages or working conditions on behalf of themselves and their coworkers, including certain protections for organizing and engaging in concerted activity for the purpose of mutual aid and protection, as well as a new definition of the existing term “terminated for cause” that is intended to ensure that any termination for cause is just and fair. The proposed changes also would require disclosure of additional information about individuals and entities involved in the recruitment of foreign workers and those who manage or supervise workers at a place of employment or own or operate a place of employment included in the H-2A Application for Temporary Employment Certification (H-2A Application), which would enhance transparency in the foreign labor recruitment chain and the Department’s ability to monitor program compliance everywhere that work is performed. The proposed changes also include expedited debarment procedures and revised procedures for applying orders of debarment to successors in interest to debarred employers, agents, and attorneys, both of which would permit the Department to more effectively and expeditiously hold bad actors accountable for violations. In addition, the proposed changes would codify the Department’s test to determine if two ostensibly different employers are in fact a single employer for purposes of assessing temporary or seasonal need and for program compliance. The changes proposed in this NPRM also would enhance worker protections and the enforcement capabilities of the Department’s Wage and Hour Division (WHD) by clarifying and revising various regulatory provisions that have been subject to misinterpretation, including prohibitions on passport withholding, and pay disclosure requirements. The proposed changes also would revise the H-2A program regulations and Wagner-Peyser Act regulations to strengthen protections for workers in the event the employer must delay the start date due to unforeseeable conditions like travel delays or crop conditions at the time work is supposed to begin, and to clarify and strengthen the discontinuation of services regulation. Other changes include additional transportation safety requirements and additional disclosures of terms and conditions of employment to agricultural workers.

Commenters (42)

• U.S. Apple Associationtrade assoc.

  3 filings · confidence 85%
• American Farm Bureau Federationtrade assoc.

  2 filings · confidence 97%
• Concerned Law Students of University of Georgiaunverified attribution

  2 filings · confidence 70%
• Florida Fruit and Vegetable Associationtrade assoc.

  2 filings · confidence 97%
• Florida Strawberry Growers Associationtrade assoc.

  2 filings · confidence 85%
• International Fresh Produce Associationtrade assoc.

  2 filings · confidence 85%
• National Association of State Departments of Agriculturetrade assoc.

  2 filings · confidence 85%
• Northwest Horticultural Counciltrade assoc.

  2 filings · confidence 97%
• Texas Cotton Ginners' Associationtrade assoc.

  2 filings · confidence 85%
• Agricultural Workforce Coalitiontrade assoc.

  1 filing · confidence 85%
• Alabama Department of Agriculture & Industriesunverified attribution

  1 filing · confidence 70%
• Alliance to End Human Traffickingtrade assoc.

  1 filing · confidence 85%
• American Immigration Lawyers Associationtrade assoc.

  1 filing · confidence 85%
• Americans for Prosperity Foundationtrade assoc.

  1 filing · confidence 85%
• Arizona Farm Bureau Federationtrade assoc.

  1 filing · confidence 97%
• Burley and Dark Tobacco Producer Associationtrade assoc.

  1 filing · confidence 85%
• California Fresh Fruit Associationtrade assoc.

  1 filing · confidence 85%
• Cato Institutetrade assoc.

  1 filing · confidence 97%
• Central Coast Alliance United for a Sustainable Economytrade assoc.

  1 filing · confidence 85%
• Comite de Apoyo a los Trabajadores Agricolas - The Farmworkers' Support Committeetrade assoc.

  1 filing · confidence 85%
• Committee on Education and the Workforcetrade assoc.

  1 filing · confidence 85%
• Economic Policy Institutetrade assoc.

  1 filing · confidence 85%
• Farm Labor Organizing Committee AFLCIOtrade assoc.

  1 filing · confidence 85%
• Farmworker Association of Floridatrade assoc.

  1 filing · confidence 85%
• Georgia Fruit and Vegetable Growers Associationtrade assoc.

  1 filing · confidence 85%
• Grower-Shipper Association of Central Californiatrade assoc.

  1 filing · confidence 85%
• Jim Rash Inc.unverified attribution

  1 filing · confidence 70%
• Kentucky Farm Bureau Federationtrade assoc.

  1 filing · confidence 85%
• Mercer Ranches Incunverified attribution

  1 filing · confidence 70%
• National Cotton Ginners Associationtrade assoc.

  1 filing · confidence 85%
• National Council of Agricultural Employerstrade assoc.

  1 filing · confidence 85%
• National Council of Farmer Cooperativestrade assoc.

  1 filing · confidence 85%
• National Legal Aid & Defender Associationtrade assoc.

  1 filing · confidence 85%
• North American Meat Institutetrade assoc.

  1 filing · confidence 85%
• Roossinck Orchards Inc.unverified attribution

  1 filing · confidence 70%
• Snake River Farmers' Associationtrade assoc.

  1 filing · confidence 85%
• Texas International Produce Associationtrade assoc.

  1 filing · confidence 85%
• U.S. Chamber of Commerce

  1 filing · confidence 97%
• UFW Foundation and UFWtrade assoc.

  1 filing · confidence 85%
• Washington State Employment Security Department and Washington State Department of Labor and Industriesunverified attribution

  1 filing · confidence 70%
• Washington State Tree Fruit Associationtrade assoc.

  1 filing · confidence 85%
• Western Range Associationtrade assoc.

  1 filing · confidence 85%