Learn how Farmworker Justice helps farmworkers improve their living and working conditions. Highlights include:
Immigration Update:Preparing for Deferred Action Implementation
Keep Up Pressure to Protect Farmworkers from Pesticides
Connecting Farmworker Leaders and Migrant Health Centers
Increasing Farmworker Engagement with the Affordable Care Act
Farmworker Justice is deeply disappointed by the 5th Circuit’s decision yesterday to deny the Department of Justice’s request to stay the temporary injunction of DAPA and expanded DACA. This decision means continued delays in the implementation of the expanded DACA and the DAPA programs that could provide relief for 4-5 million hard-working parents and Dreamers of the United States. The decision came exactly one week after the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA) was supposed to begin.
This ruling does not mean that the Obama Administration has lost the case, it simply means that the Court wants to leave the injunction in place until they have time to decide the full appeal. The full appeal is still pending and is tentatively scheduled for oral argument in early July. The decision does not affect the current DACA program announced in 2012, which is still in effect and accepting new applications and applications for renewal.
While disappointed, Farmworker Justice is not deterred. We will continue to defend President Obama’s administrative actions until the fight for administrative relief is successful. Roughly 700,000 farmworkers and their spouses could be eligible to come forward to apply for temporary protection from deportation and work authorization under the deferred action opportunities. The programs are well within the President’s authority and are a limited but important step toward addressing our broken immigration system. By eliminating the constant fear of deportation, farmworkers and other aspiring Americans will be able to contribute more fully to their communities and will be empowered in their workplaces.
Farmworker Justice will continue to work with groups throughout the country to support and plan implementation of the DAPA/DACA programs and to win legislation that creates a path to citizenship for undocumented farmworker families and other aspiring Americans.
The federal employment laws meant to provide protection for agricultural workers need more enforcement in order to improve the conditions in our fields, according to a new report released today.
The report by Farmworker Justice analyzes the Department of Labor’s (DOL’s) statistics on its enforcement of the minimum wage and other basic labor protections applicable to agricultural workers on farms, ranches, and dairies. Widespread violations of the minimum wage and other wage-hour laws in agriculture harm farmworkers, as well as the many law-abiding businesses suffering competitive disadvantage caused by unscrupulous employers.
In “U.S. Department of Labor Enforcement in Agriculture: More Must Be Done to Protect Farmworkers,” a report based on reviewing 8 years of agency data under two presidents, Farmworker Justice found a mixed record. The number of investigations of agricultural workplaces conducted by the Department of Labor’s Wage and Hour Division remained fairly consistent despite the hiring of additional investigators and a stated commitment to improving compliance on farms. The data revealed increases in the amount of time spent by agency investigators on agricultural workplaces, increases in the number of farmworkers at investigated employers, as well as increases in the amounts of backpay assessed for violations.
“Consumers of fruits and vegetables want to know that farmworkers in the field are treated decently, and law-abiding growers do not want to be undermined by businesses that violate wage-hour laws, but the reality is that there are widespread violations in agriculture. The U.S. Department of Labor plays an important role in deterring and remedying violations of law. The agency has modestly improved the quantity and quality of its enforcement of labor-protective laws, but many employers still view the risk and the financial consequences of getting caught as too small to deter them from violating the law,” said Bruce Goldstein, President of Farmworker Justice, a national advocacy group in Washington, D.C.
The report’s recommendations include:
• Increase the number of investigations per year and ensure that the Department seeks and collects the full measure of back pay, liquidated damages and civil money penalties.
• Continue increasing the Department’s use of important tools in the law, including the authority to ask a federal court to issue a “hot goods injunction” against the sale of goods produced in violation of the minimum wage. It also should continue increasing its use of the “joint employer” concept when farm operators deny that they “employ” any farmworkers on their farm and seek to impose sole responsibility for minimum-wage violations on farm labor contractors.
• Continue to improve collaboration with farmworker groups on the ground. DOL also should improve its education of the public and Congress about the value of its enforcement efforts on farms.
“The bottom line is that because many farmworkers are suffering systematic violations of basic labor standards, Congress should increase funding for enforcement of the wage-hour laws in agriculture. In addition, the Department of Labor should continue to allocate more investigator time to agriculture and continue to increase its use of all the tools that Congress provided to the agency to remedy and deter violations of employment laws,” added Goldstein.
Farmworker Justice applauds the Supreme Court's decision to uphold the Affordable Care Act's (ACA) provision to provide subsidies (in the form of tax credits) to consumers who bought health insurance through the federally-facilitated health insurance marketplaces (Healthcare.gov). The subsidies are essential to ensure that farmworkers and their families have access to affordable health insurance. The Court's decision ensures that the millions of people can stay covered on their health insurance plans without fear that their premiums will suddenly become unaffordable.
Nearly 6 million people nationwide are enrolled in health insurance through the marketplaces. Among low-income adults, there was a 6% decrease in the uninsured rate in 2014. For Hispanic individuals, there was approximately a 5% decrease in the uninsured rate. While we do not have data on the number of farmworkers who enrolled in health insurance under the ACA, many farmworkers who did enroll were first-time enrollees who received substantial subsidies to lower the cost of health insurance.
Currently, 34 states, including many states with significant farmworker populations (such as North Carolina, Florida, and Texas) use healthcare.gov. The Court's ruling ensures that farmworkers who live and work in these states will continue to have opportunities to enroll in affordable, comprehensive health insurance. Farmworker Justice will work with our partners across the country to provide information on the ACA to further facilitate farmworker enrollment in health insurance.
On November 20th, 2014 President Obama announced his plans for executive action on immigration. We applaud the President’s action, which includes a deferred action program that provides relief from deportation and work authorization for millions of undocumented individuals, including hundreds of thousands of farmworkers and their family members.
Immigration is a critically important issue for farmworkers. Learn about current legislation proposals impacting farmworkers.
Learn about the history of guestworker programs, H-2A program for temporary agricultural work, and the H-2B visa program.