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January 25, 2018

Leading farmworker organizations and advocates for farmworkers in the United States and Mexico today are submitting a petition under the NAFTA labor side agreement challenging the failure of the United States government to comply with its obligations to protect international migrant workers who are hired under the H-2A agricultural guestworker program.  

The petition was submitted to the National Administrative Office in Mexico City for the North American Agreement on Labor Cooperation (NAALC), requesting action by the North American Commission on Labor Cooperation (“Commission”), which the U.S., Mexico and Canada established.

The petition was submitted by Farmworker Justice; the United Farm Workers (UFW); the Farm Labor Organizing Committee, AFL-CIO (FLOC); and Pineros y Campesinos Unidos del Noroeste (PCUN, Oregon’s farmworker union), which are based in the United States, and Proyecto de Derechos Económicos, Sociales y Culturales, A.C (ProDESC), which is based in Mexico.

Principle 11 of the NAALC, on Protection of Migrant Workers, states the parties’ goal of providing migrant workers in one nation’s territory with the same labor law protection that apply to its own nationals.  The Agreement also imposes enforceable obligations on the three nations to provide high labor standards; effective, impartial tribunals; effective remedies to achieve compliance with labor laws; and effective action by each government to enforce workers’ rights.

The principal federal employment law for farmworkers in the United States excludes H-2A agricultural workers from its protections and remedies.  That law is the Migrant and Seasonal Agricultural Worker Protection Act of 1983 (referred to as “AWPA” or “MSPA”).  It was passed to address persistent problems faced by farmworkers and strengthened an earlier law.

The petitioners seek to reduce abuses in the H-2A program, which recently has been expanding rapidly, to over 200,000 agricultural guestworkers in 2017, mostly from Mexico.  Abuses in the H-2A program have been reported by many sources over many years, including in the Farmworker Justice report, “No Way to Treat a Guest,” and a series of articles in Buzzfeed.   

The AWPA establishes obligations on farm operators and other agricultural businesses, including farm labor contractors. The AWPA contains significant protections regarding recruitment, hiring, employment, payment of wages, transportation, and housing of migrant farmworkers.  Importantly, the AWPA authorizes victimized workers to file a lawsuit in U.S. federal courts to enforce its protections.  It creates several remedies to compensate workers, stop ongoing violations, and deter future violations, including monetary damages, special “statutory damages” and injunctive relief.  

The exclusion of H-2A visa workers from the AWPA deprives them of labor protections, remedies, and access to federal courts, all of which have been deemed important and effective to protect migrant workers in the United States. Although the law and regulations of the H-2A program require certain protections for U.S. and foreign workers at H-2A program employers, the AWPA provides different and additional protections and remedies for U.S. migrant workers.  H-2A guestworkers seeking to enforce their employment contracts are relegated to state courts and often to inferior remedies under state contract laws.

H-2A guestworkers, arguably among the migrant workers most in need of protection due to their vulnerability, should not be excluded from AWPA’s protections and remedies.    

The petition, formally known as a “public communication,” requests commencement of proceedings under the Labor Side Agreement, formally known as the North American Agreement on Labor Cooperation (NAALC), to address the violations of the NAALC and obtain all appropriate remedies.  The petition seeks agreement among the U.S., Mexico and Canada, that the protections and remedies in the Migrant and Seasonal Agricultural Worker Protection Act, or their equivalent, will be extended to migrant workers employed in the United States under the H-2A temporary foreign agricultural worker program.

Contact information:


Bruce Goldstein

President, Farmworker Justice

Washington, D.C. 20036


[email protected]



Leydy Rangel

Communications Specialist

United Farm Workers Foundation


[email protected] / (760) 899-4604



Elena Villafuerte

Responsable del Programa de Análisis e Incidencia

Proyecto de Derechos Económicos, Sociales y Culturales (ProDESC)

(5255) 52122229/ 52122230- 758608840/ 75860885

[email protected]

Calle Zamora 169-A Condesa, México D.F.

Facebook /ProDESC.AC

Twitter: @ProDESC



January 11, 2018

Farmworker Justice Statement on Rep. Goodlatte’s Anti-Immigrant Bill

Yesterday, Rep. Bob Goodlatte, Chairman of the House Judiciary Committee, and Representatives McCaul, Labrador and McSally, released a hard-line anti-immigration proposal entitled the “Securing America’s Future Act.”  Farmworker Justice opposes this multi-faceted proposal, which incorporates Goodlatte’s anti-worker, anti-immigrant Agricultural Guestworker Act. The bill combines many of the worst elements of anti-immigrant policies, including building a costly border wall, increasing arrests and deportations of undocumented immigrants, attacking sanctuary cities, and eliminating existing opportunities for family reunification as well as the diversity visa program. Although it purports to offer relief to Dreamers, the bill only offers a three-year, temporary legal status, without any permanent solution or path to citizenship.

The bill would also require employers to use E-verify, which would exacerbate discrimination against Latinos and foreign-born workers, who make up the majority of the farm labor source. If enacted, the agricultural guestworker provisions in the bill would replace the current H-2A agricultural guestworker program with a devastating new program, the H-2C program. The H-2C program would expand employer access to potentially millions of vulnerable new “guestworkers,” while slashing worker protections for hundreds of thousands of U.S. farmworkers, leading to job losses, lower wages and exploitation. Instead of providing experienced undocumented farmworkers with a path to immigration status and citizenship, the only option this bill provides is for those workers to self-deport with limited options to return as subjugated contract laborers under the new H-2C program.

Rep. Goodlatte, a long-time immigration restrictionist, is trying to push his extreme anti-immigrant agenda at a moment of bipartisan negotiations between legislators and the White House to reach a much-needed solution for Dreamers. Farmworker Justice President Bruce Goldstein stated: “Congress must reject the Goodlatte bill because it is anti-immigrant, anti-worker, cruel, impractical, costly and harmful to our food and agriculture systems.  Congress must provide a solution now for Dreamers, many of whom are farmworkers and from farmworker families. We must continue in the longer term to reform our broken immigration system through policies that respect our history as a nation of immigrants and our democratic and economic freedoms.”

January 09, 2018

Report by Trump Administration Task Force on Agriculture and Rural Prosperity Fails Farmworkers, their Families and their Communities

On January 8, Secretary of Agriculture Sonny Perdue, Chair of the inter-agency Task Force on Agriculture and Rural Prosperity, established by President Trump, publicly released its Report to the President of the United States, which is dated October 21, 2017.

The 42-page report is fundamentally flawed because it ignores the interests and needs of farmworkers and their family members. While it acknowledges the existence of farmworkers, it treats them largely as economic inputs utilized by farmers rather than as living, breathing human beings who are vital to the economy and rural communities.

The report makes no mention of the word immigration despite it being of vital significance to the future of agriculture and rural communities.  The Task Force states that farmers are having difficulty finding workers who are citizens or lawful permanent residents to fill their jobs, and acknowledges that undocumented workers are being hired.  It does not, however, state the reality that at least one-half (and probably much more) of the farm labor force is undocumented.  In a major failing, the report does not recommend immigration reform that would grant undocumented workers a chance for immigration status and a path to citizenship.

The report ignores the relationship between the growers’ difficulty attracting and retaining adequate numbers of workers and the fact that agricultural work in the U.S. is characterized by low wages and lack of fringe benefits, high rates of injuries and workplace abuses, and discrimination in labor laws that deprives farmworkers of many protections applicable to most other workers. The report does not discuss the need to remedy and prevent the rampant violations of labor protections in agriculture that harm farmworkers as well as law-abiding employers.

The report suggests that the Administration will be making policy and regulatory changes to the H-2A agricultural guestworker program in response to complaints that were “well communicated by farmers.”  The report ignores the many well-documented abuses experienced by farmworkers under the H-2A program.  Nor does the report suggest why agricultural workers should be forced into a guestworker status with no path to democratic or economic freedoms applicable to immigrants and citizens.

Even when discussing the needs of rural communities in order to improve quality of life – such as addressing gaps in infrastructure, housing, access to health care and internet connectivity – the report fails to identify the particular challenges faced by farmworkers.  Instead the report focuses on the needs of businesses and farm owners or other rural residents.

The report briefly mentions the need for science-based regulations to ensure the health of consumers of food, but there is no mention of confronting pesticides and other occupational hazards that disproportionately kill and injure farmworkers.

The Task Force also lost an opportunity to encourage positive trends in agriculture by neglecting to discuss corporate social responsibility in the food supply chain.  Government should encourage companies that are responding to consumers’ demands for assurances that food production occurs responsibly with regard to the treatment of farmworkers in the fields.

Any report on the future of agriculture and rural prosperity should recognize the contributions and needs of the nation’s approximately 2.5 million farmworkers and their family members. The Task Force does not appear to have taken advantage of the informed views of many farmworkers and their representatives as well as numerous reports, books and studies about the needs of this nation’s farmworkers, families and communities.  This report, despite raising some valid concerns and offering some helpful recommendations about agriculture and rural communities, has failed the President and the public.

        Bruce Goldstein

        President, Farmworker Justice

        January 9, 2018

Featured Blog

March 24, 2018

To commemorate National Farmworker Awareness Week  (March 24-31, 2018), Farmworker Justice staff are writing blogs that touch on different aspects of farmworkers' living and working conditions.

"Although it’s so very hot, even so we work 13 hours each day without resting a single day, planting and picking fruits and vegetables so that people here can eat. Well, the truth is that we suffer a lot by being here..."

A.R.C. (a farmworker)

Every day Americans enjoy an abundance of food thanks to the labor of the roughly 2.4 million farmworkers who engage in back-breaking work to ensure America’s food security. As noted in the above quote, farmworkers often work long hours without rest, particularly during peak harvest times. Yet these workers are excluded from many of the basic workplace protections that other Americans take for granted – including the overtime protections of the Fair Labor Standards Act (FLSA) and even the FLSA’s minimum wage protections for certain small employers and industries.  The basic labor protections for workers that were enacted during the 1930s should apply to farmworkers: the people who labor on farms and ranches to feed us.  This year marks the 80th anniversary of the FLSA.  It is about time – really long past the time – for Congress to end the discrimination against agricultural workers in FLSA.

The exclusion of agricultural workers from the minimum wage and overtime pay was never fair and can be traced back to racism and political expediency.  The sponsors of the New Deal era labor legislation, including FLSA, mustered enough votes for passage by appeasing southern states’ legislators, who demanded the exclusion from coverage of agricultural and domestic workers. At the time, the farmworker population in the South was predominantly African American, and often was subjected to plantation-like conditions. Today, the majority of agricultural workers are Latino. Discrimination in our immigration and labor laws has persisted, depriving farmworkers of basic workplace protections and fundamental human and democratic rights.

It is time to remedy the discrimination farmworkers face in their minimum wage and overtime protections. In 2016, California recognized the need to provide farmworkers overtime protection.  California’s overtime law for farmworkers ensures farmworkers will have an equal right to overtime pay and continues the process of reducing discrimination in employment laws against agricultural workers. California is the most successful agricultural production state and has the largest population of farmworkers. Not only do farmworkers outside of California deserve an end to discrimination in labor laws, but agricultural businesses in California should not have to compete with growers that save money on labor costs because the federal law and their state laws discriminate against farmworkers in employment laws. The U.S. Congress needs to learn a lesson from California and end the exclusion of farmworkers from FLSA’s overtime and minimum wage protections.

The treatment of farmworkers in this country is unreasonable and unsustainable.  As in generations past, today’s farmworkers experience high rates of poverty: low wages and lack of overtime pay are key contributing factors.  Farm work is one of the most hazardous occupations in the country, with routine exposure to dangerous pesticides, arduous labor and extreme heat.  Such poor conditions and discriminatory laws have resulted in substantial employee turnover, leading to instability in our labor force.  We all want to feel good about the food we purchase and consume, and the continuing discrimination in employment laws against farmworkers – the people who produce our food – perpetuates a stain on our food system that should be eradicated.

Please sign this petition supporting federal legislation to address this issue.  


March 23, 2018

Farmworker Justice Update: 03/23/18

Congress Passes FY 2018 Appropriations Bill, Presidential Approval Still Pending

Last night, Congress approved an omnibus appropriations package covering the rest of FY 2018. FY 2018 began on October 1, 2017 and runs through September 30, 2018.  Due to Congress’ inability to pass an appropriations bill for the full year; however, it instead issued a series of short-term continuing resolutions, with the latest one set to expire today (March 23). The spending package that was just passed by Congress must still be approved by the White House by midnight tonight in order to avoid a government shutdown. However, this morning, President Trump threatened to veto the legislation because he disagrees with some of its immigration provisions. Issues related to immigration were a significant part of the heated negotiations leading to the final omnibus package.

The omnibus does not provide any solution for Dreamers. Although President Trump ended the Deferred Action for Childhood Arrivals (DACA) program months ago, Congress still has not fixed the problem he created for these young people, who are left without lasting protections. DACA recipients are currently able to apply to renew their status as a result of recent court decisions compelling the government to receive such applications. However, this option is only available to current DACA recipients, leaving out many young people who may have otherwise been protected under the program. President Trump and his Congressional allies had sought significant increased funding for his deportation agenda—including funding for additional immigration agents and detention capacity, as well as massive funding for construction of a wall along the U.S.-Mexico border.  The final provisions of the omnibus did not include the full increases in funding sought, thanks to the efforts of advocates and some Congressional members. However, the final agreement still includes increased funding for border buildup and immigration enforcement.

Additionally, during the budget negotiations leading up to the current proposal, there were over 100 potential legislative riders discussed, including riders seeking to expand both the H-2A and H-2B temporary guestworker visa programs. Thankfully, these riders were ultimately not included in the final appropriations package, although previous provisions impacting the H-2B program remained in the FY18 omnibus.

H-2A Program Continues to Grow

Statistics from the Department of Labor’s Office of Foreign Labor Certification (OFLC) show that the H-2A agricultural guestworker program continues to grow exponentially. According to the OFLC, there were a total of 32,084 H-2A positions certified during the first quarter of FY18, an increase of approximately 15% over the same period in FY17. Almost 97% of the applications received were processed in a timely manner. These statistics show that despite employers’ allegations that the H-2A program is unworkable, they continue to use it at increasing rates and recognize that the H-2A program has provided them with sufficient  labor to grow their businesses. The ongoing drumbeat of employer complaints about the H-2A program represents their campaign to reduce the modest but fundamental protections in the program. Farmworker serving organizations in the states where the program has significantly increased are concerned about the H-2A program’s impact on the existing migrant and seasonal farmworker community. The lack of adequate housing available for guestworkers is another issue that must be addressed.

Immigration Enforcement Has Tragic Consequences for Farmworker Families

On March 13, a farmworker couple in Kern County, California was driving in search of work when they were stopped by immigration agents. Fearing deportation and separation from their six children, ages 8 through 18, they attempted to flee. Tragically, they crashed into a pole, dying on impact. ICE later clarified that they were not the individuals the agency had been looking for. Earlier this month, at least 26 farmworkers in the same county were detained in a massive immigration enforcement action. Many of them were stopped on their way to work by unmarked vehicles. A recent Time magazine article highlights the terrible impact of family separation on farmworker families. The father featured in the story was recently deported and the mother is struggling to make ends meet and afraid to be separated from her young daughters. Unfortunately, this story is all too common in farmworker and immigrant communities across the nation.

Farmworker Women Protest Wendy’s Failure to Act on Sexual Harassment

The Coalition of Immokalee Workers (CIW) has been calling on Wendy’s to join its Fair Food Program, a corporate social responsibility program that addresses sexual harassment and other abuses in the food labor chain. Wendy’s has refused to join and has also shifted the purchase of its tomatoes to tomatoes produced in Mexico, where farmworkers often endure child labor, forced labor, sexual harassment, horrific living conditions and other abuses. On March 15, farmworker women held a protest in New York City focused specifically on the sexual abuse faced by female farmworkers. The march followed a five-day hunger strike.

Update on Farmworker Health and Safety

8th Anniversary of the Affordable Care Act (ACA)

This week marks the 8th anniversary of the signing of the Affordable Care Act. A lot has happened in the last 8 years. Farmworkers experienced numerous challenges to enrollment. Yet thanks to the ACA, many farmworkers and their families became newly eligible for and enrolled in affordable, comprehensive health insurance. Some H-2A workers, for example, gained health insurance for the first time, allowing them to access primary, preventative health care. In California, the San Joaquin Valley and other rural communities had some of the greatest gains in coverage thanks to Medi-Cal expansion to childless adults and undocumented children. Unfortunately, these gains are now under threat. These threats include: the repeal of the individual mandate penalty in 2019, cuts to navigator/assister programs, the implementation of work requirements on Medicaid recipients, and the promulgation of regulations that weaken ACA protections, to name a few. Farmworker Justice continues to work with our national and local partners to protect farmworkers’ access to health insurance and health care.

Immigrants Fearfully Abandoning Public Nutrition Services

According to a recent New York Times article, state and local statistics confirm what immigration and public health advocates already suspected: immigrants are withdrawing from essential nutrition services due to fears over the potential immigration consequences of accessing these services. Some of this fear stems from a leaked draft of regulations by the Department of Homeland Security (DHS) which would allow officials to factor in the use of benefits in immigration decisions, including eligibility for legal permanent status. A proposed regulation has not yet been published and it is unclear whether the regulations will ever be published or whether they will have the same language as the leaked draft.

The leaked draft encompasses a broad range of services, including the Supplemental Nutrition Program for Women, Infants and Children (WIC), the Supplemental Nutrition Assistance Program (SNAP), the Children’s Health Insurance Program (CHIP), Head Start programs, Medicaid, ACA tax subsidies, and even housing and transit subsidies. As a result, many immigrant families, including those with U.S. citizen children who are eligible for these services, have canceled appointments, requested disenrollment and asked for their information to be purged from providers’ databases. This trend is likely to have significant negative effects on public health, particularly on the health of immigrant children. Farmworker Justice is monitoring this issue and will provide additional information upon publication of a proposed rule.

Senators Ask EPA Not to Weaken Rules Protecting Farmworkers from Pesticides

On March 13, twenty-eight U.S. Senators, led by Senators Udall, Harris, Booker, Blumenthal and Feinstein, sent a letter to the Environmental Protection Agency (EPA) urging that existing worker protection rules be preserved. As noted in previous Farmworker Justice updates, the EPA is attempting to roll back crucial provisions of the Worker Protection Standard (WPS) and Certification of Pesticide Applicators Rule (CPA), including minimum age requirements, workers’ rights to access pesticide information, and application guidelines for avoiding exposure for workers and bystanders. The Senators’ letter clarifies the scope of these requirements and their importance for protecting farmworkers, children and the communities in which they live and work.

Senator Udall has placed a hold on the reauthorization of the Pesticide Registration Improvement Act (PRIA) due to his concerns about the EPA’s efforts to weaken existing worker protections. As noted by the Huffington Post, the Trump administration has repealed or stalled a host of workplace protections at the behest of employers, and the EPA has been one of the most aggressive agencies in wiping away Obama-era regulations. Farmworker Justice and Earthjustice filed a lawsuit on behalf of farmworker and environmental groups against the EPA last year for unlawfully delaying the CPA rule without proper notice of its actions. (The rule was supposed to be implemented in March 2017 and had been delayed until May 2018.) On March 21, 2018, a U.S. District Court granted summary judgment in this case. As a result, the EPA’s delay was vacated and the CPA rule is deemed to be in effect.

March 24-31 is National Farmworker Awareness Week, in Honor of Cesar Chavez’s Birthday

For more information on digital and in-person events during the week, as well as ideas on how to get involved, please visit Student Action with Farmworkers (SAF)’s website. Farmworker Justice will be publishing blogs on different aspects of farmworkers’ lives throughout the week.


March 01, 2018

Farmworker Justice Update: 03/01/18

Rep. Goodlatte’s Guestworker Bill Revised in Effort to Gain Agribusiness Support

As noted in previous updates, Rep. Bob Goodlatte (R-VA) is reportedly pushing House leadership for a vote on his anti-immigrant bill, the “Securing America’s Future Act,” H.R. 4760, which includes the Agricultural Guestworker Act (AGA). The AGA would create an extremely abusive new guestworker program. Some changes were recently made to the AGA in an attempt to garner more support for the bill from agricultural employers. Some of these changes include increasing the length of time agricultural employers will have to come into compliance with mandatory E-verify, extending the program’s visa term for temporary and seasonal work from 18 months to 24 months and providing workers a one-year time frame in which to self-deport (the bill previously required workers to self-deport within six months).

A House whip count conducted two weeks ago showed that the bill still lacks sufficient support to pass the House. As for the agribusiness community, despite the changes made by Rep. Goodlatte, some agricultural employers, including Western Growers and the California Farm Bureau Federation, have stated that they still do not support the Goodlatte bill, partly because it still requires currently undocumented workers to self-deport. The American Farm Bureau Federation, on the other hand, has now endorsed including the Agricultural Guestworker Act in the “Securing America’s Future Act.” It is important to note that none of the recent changes to the bill address the program’s terribly anti-worker provisions, which eliminate needed government oversight and the modest protections in the H-2A agricultural guestworker program, such as the adverse effect wage rate (AEWR), employer-provided housing and transportation reimbursement, among others. Moreover, the AGA provides no path to permanent status or citizenship for the current undocumented agricultural workforce. You can read Farmworker Justice’s updated fact sheet on the AGA here.

Concern that H-2A Year-Round Rider Could be included in FY 2018 Appropriations Bill

The current continuing budget resolution expires on March 23, meaning that Congress has until then to agree on a budget for the rest of fiscal year 2018, which ends on September 30. Farmworker Justice is monitoring the budget negotiation process and is particularly concerned about the possibility that budget riders affecting the H-2A program may be included in the broader budget agreement. Specifically, there was a rider included in the House appropriations bill for the Department of Homeland Security (DHS) in July 2017 that sought to expand the H-2A program to year-round agricultural work, which Farmworker Justice strongly opposes.  If this amendment is included in the final FY 2018 spending package, it would fundamentally change the scope of the H-2A program, which is currently limited to temporary and seasonal agricultural work. This amendment would mean that year-round agribusiness, including sectors such as mushroom and dairy, could instead turn to the H-2A program for their labor needs and have a perpetual source of captive workers with very limited bargaining ability. The amendment also fails to provide any solution for the undocumented workers who are currently doing much of this important work.

U.S. Supreme Court Rejects Trump Administration Appeal in DACA Case

On February 26, 2018, the U.S. Supreme Court rejected the Trump Administration’s request to entertain an appeal of DHS v. U.C. Regents, a case regarding the fate of the Deferred Action for Childhood Arrivals (DACA) program. The decision comes right before March 5, which was the deadline established by the Trump Administration for official termination of the DACA program. In January 2018, a federal district court judge in California had issued an order in the Regents case blocking the DACA program’s termination and allowing current DACA recipients to apply to renew their status. The Trump Administration appealed the judge’s ruling and took the unusual step of trying to bypass the Ninth Circuit Court of Appeals by petitioning the U.S. Supreme Court to take the case directly. Now that the Supreme Court has declined to review the case, it will be heard by the Court of Appeals (the Supreme Court could still decide to review the case after the Court of Appeals makes a decision.)

In the meantime, the current injunction stands, allowing current DACA recipients to apply to renew their status. On February 13, 2018, a U.S. district court judge in New York issued a similar injunction, which will also remain in place while the judicial process continues to unfold. Yet these recent judicial victories should not distract from the urgency of Congressional action regarding DACA, as this is the only way to provide a permanent solution for Dreamers. After the Senate’s failure to reach any agreement on Dreamers during its immigration debate earlier this month, Senators Flake (R-AZ) and Heitkamp (D-ND) have proposed a short-term measure to protect Dreamers for a period of three years in exchange for funding for border security for three years.

Haitian and Salvadoran TPS Holders File Lawsuit against Trump Administration

A group of Haitian and Salvadoran recipients of Temporary Protected Status (TPS) have filed a lawsuit against the Trump Administration arguing that its decision to end the TPS program for these countries was based on racial discrimination. The lawsuit was filed on February 22 in U.S. District Court in Boston by the Lawyers’ Committee for Civil Rights and Economic Justice and Centro Presente, a Massachusetts community organization that advocates for TPS beneficiaries.  This is the second lawsuit that has been filed regarding TPS this year – the NAACP Legal Defense Fund filed a suit last month arguing that the decision to end TPS for Haiti was discriminatory.

Agricultural Workers Face Labor Violations, including Inhumane Housing Conditions

A New York dairy farmer was recently issued a cease and desist order by local authorities for housing workers in inhumane conditions. The housing structure, in which four adults and five children lived, was made mostly of particle board, had mold and exposed electrical wiring, and had no hot water or septic service. Most migrant workers have now left the housing and are being aided by community organizations and the Workers Center of Central New York. The Workers Center will also be helping the workers file wage complaints with the state Department of Labor. Similarly, a farm labor contractor in California was recently ordered to pay $168,082 in penalties for housing workers in inhumane conditions by the Department of Labor’s Wage and Hour Division. Investigators found that the housing provided by the contractor for 22 workers was overcrowded, only had one shower and sink, was infested with insects and had water that was unsafe for human consumption. As noted in an op-ed on the New York case, as horrific as these conditions were, there are likely many other workers enduring similar conditions who are afraid to seek help due to their immigration status and/or fear of retaliation.

Update on Farmworker Health and Safety

Fine for Pesticide Company Syngenta Significantly Reduced under Trump Administration

The Environmental Protection Agency (EPA) recently settled claims against pesticide company Syngenta for approximately $150,000 for a pesticide exposure incident in Hawaii involving chlorpyrifos. The original complaint against the company, filed by the Obama Administration, sought almost $5 million in civil penalties. The reduced settlement requires Syngenta to spend at least $400,000 on a training program on the Worker Protection Standard (WPS) for growers in Hawaii, Guam and the Northern Mariana Islands. The settlement does not include a requirement to provide training sessions for workers, such as those who were injured by the incidents on Syngenta seed farms. A report released by the Environmental Integrity Project (EIP) found that during the first year of the Trump Administration, federal civil penalties assessed by the EPA against polluters have fallen by about half as compared to the same period during the previous three presidential administrations (Obama, Bush and Clinton).  

Senators Offer PRIA Reauthorization If EPA Commits to Upholding Worker Protections

Chlorpyrifos, the pesticide involved in the Syngenta incident described above, is a highly toxic organophosphate that was set to be banned by the EPA during the Obama Administration. However, EPA Administrator Scott Pruitt reversed that decision last year. The EPA is also attempting to roll back two key worker protection rules that had been revised during the Obama Administration – the Worker Protection Standard (WPS) and the Certification of Pesticide Applicators (CPA) rule. In an effort to prevent the Trump Administration from weakening these important protections, Sen. Tom Udall (D-NM) has placed a “hold” on the “Pesticide Registration Enhancement Act of 2017” (PRIA), passed as H.R.1029 in the House. Sen. Udall recently announced that he would remove his hold on PRIA and reauthorize the legislation for an additional five years if the EPA commits to upholding the worker protection rules and responding to objections filed by various environmental and labor groups regarding its decision to overturn its proposed ban on chlorpyrifos.

Upcoming Event - Congressional Briefing on Telehealth by Farmworker Justice and Partners

Bristol-Myers Squibb Foundation’s Specialty Care for Vulnerable Populations® Initiative, Unidos joins Farmworker Justice and community-based partners Vista Community Clinic in Vista, CA and Campesinos Sin Fronteras in Yuma, AZ, as well as Harvard’s Center for Health Law and Policy Innovation (CHLPI), to present a congressional briefing on telehealth and farmworker populations. The briefing will be held on March 7th at 9:30 AM in room 1309 of the Longworth Building. Breakfast will be served.  The briefing, sponsored by Representative Raul Ruiz (D-CA), the Congressional Hispanic Caucus Health Care Task Force, and the House Committee on Education and the Workforce, will also serve as a platform for Farmworker Justice and CHLPI to release their joint publication, The Promise of Telehealth: Strategies to Increase Access to Healthcare in Rural America. This publication builds off of some aspects of the Unidos project as it details the key roles both promotores de salud and telehealth play in increasing quality access to medical care for farmworkers in the U.S.