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New labor rules for H-2A visa farmworkers

New labor rules for H-2A visa farmworkers


By Jamie Martin

The U.S. Labor Department has unveiled new regulations set to change protections for temporary farmworkers under the H-2A visa program. Effective from June 28, these rules empower workers to advocate for improved working conditions and reject employer-led anti-organizing meetings. Additionally, the regulations allow workers to invite guests, including labor organizations, to their employer-provided accommodations.

These changes also aim to increase transportation safety and specify clear conditions under which a worker can be terminated "for cause." This includes ensuring workers are fully informed about relevant policies, and it prohibits employers from holding or confiscating personal identification documents such as passports.

This update is a response to widespread reports of exploitation within the agricultural sector, including a severe case on a Georgia onion farm involving human trafficking and inhumane labor conditions. The Labor Department found that, in fiscal year 2022, agricultural employees in the H-2A program owed workers more than $3.6 million in back wages due to various abuses.

While farmworker groups welcome the new protections as essential for safeguarding their rights, some agricultural organizations, such as the American Farm Bureau Federation, criticize the added compliance costs. They argue that these regulations complicate the visa process during a period of significant labor shortages and increasing operational costs in farming.

Photo Credit: usda


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