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Farmworker Justice Update: December 16, 2013

Unfinished Harvest: The Agricultural Worker Protection Act at 30

Farmworker Justice Report Calls for Strengthening Labor Rights and Enforcement


Last week, Farmworker Justice held a Congressional briefing to release a new report, “Unfinished Harvest: The Agricultural Worker Protection Act at 30.” In 1983, Congress passed the Migrant and Seasonal Agricultural Worker Protection Act (AWPA). AWPA requires employers to disclose and comply with job terms, regulates the use of farm labor contractors, creates safety standards for employer-provided housing and transportation, and allows farmworkers to enforce their rights in federal court. It was meant to reduce labor abuses in the fields, especially when growers hire farmworkers through labor contractors, although it did not grant farmworkers coverage under all labor laws that apply to workers.

To mark the 30th anniversary of its enactment, Farmworker Justice staff examined AWPA’s impact on farmworkers with the assistance of farmworker advocates around the country. The AWPA has made a positive difference in the lives of many farmworkers, but to reduce abusive labor practices, improvements must be made in enforcement, regulatory policies, and the law itself.

In addition to identifying such improvements, the report emphasizes the widespread fear among undocumented workers of retaliation for attempting to enforce AWPA rights, as well as the lack of federally-funded legal services for undocumented workers. With the majority of farmworkers lacking authorized immigration status, immigration reform with a road map to citizenship is critically important to achieving the goals set by AWPA.

The Congressional briefing included California Representatives Juan Vargas and Tony Cardenas, both children of California farmworkers. They both spoke about their parents’ experience as immigrant farmworkers, the contributions that farmworkers – and their children – make to this country, and the need to improve working conditions. They promised their continued support for strengthening labor law enforcement.

Bruce Goldstein, President of Farmworker Justice, gave an overview of the report’s findings and recommendations, including the need for strategic enforcement that ends abuses associated with farm labor contracting. Mary Bauer of the Legal Aid Justice Center in Virginia, a longtime litigator, spoke about farm labor contractors, the systemic nature of abuse in agriculture and the need for more enforcement of AWPA to end rampant abuses.

Hector Sanchez, Chair of the National Hispanic Leadership Agenda and Executive Director of the AFL-CIO’s Labor Council for Latin American Advancement expressed the Latino community’s interest in helping farmworkers improve their conditions. He noted that sexual harassment and abuse of women farmworkers has increased in recent years and promised that the NHLA would collaborate with Farmworker Justice on its advocacy and education.

Unfinished Harvest: The Agricultural Worker Protection Act at 30 is available here.
 

Unfinished Harvest: The Agricultural Worker Protection Act at 30

Farmworker Justice Report Calls for Strengthening Labor Rights and Enforcement


Last week, Farmworker Justice held a Congressional briefing to release a new report, “Unfinished Harvest: The Agricultural Worker Protection Act at 30.” In 1983, Congress passed the Migrant and Seasonal Agricultural Worker Protection Act (AWPA). AWPA requires employers to disclose and comply with job terms, regulates the use of farm labor contractors, creates safety standards for employer-provided housing and transportation, and allows farmworkers to enforce their rights in federal court. It was meant to reduce labor abuses in the fields, especially when growers hire farmworkers through labor contractors, although it did not grant farmworkers coverage under all labor laws that apply to workers.

To mark the 30th anniversary of its enactment, Farmworker Justice staff examined AWPA’s impact on farmworkers with the assistance of farmworker advocates around the country. The AWPA has made a positive difference in the lives of many farmworkers, but to reduce abusive labor practices, improvements must be made in enforcement, regulatory policies, and the law itself.

In addition to identifying such improvements, the report emphasizes the widespread fear among undocumented workers of retaliation for attempting to enforce AWPA rights, as well as the lack of federally-funded legal services for undocumented workers. With the majority of farmworkers lacking authorized immigration status, immigration reform with a road map to citizenship is critically important to achieving the goals set by AWPA.

The Congressional briefing included California Representatives Juan Vargas and Tony Cardenas, both children of California farmworkers. They both spoke about their parents’ experience as immigrant farmworkers, the contributions that farmworkers – and their children – make to this country, and the need to improve working conditions. They promised their continued support for strengthening labor law enforcement.

Bruce Goldstein, President of Farmworker Justice, gave an overview of the report’s findings and recommendations, including the need for strategic enforcement that ends abuses associated with farm labor contracting. Mary Bauer of the Legal Aid Justice Center in Virginia, a longtime litigator, spoke about farm labor contractors, the systemic nature of abuse in agriculture and the need for more enforcement of AWPA to end rampant abuses.

Hector Sanchez, Chair of the National Hispanic Leadership Agenda and Executive Director of the AFL-CIO’s Labor Council for Latin American Advancement expressed the Latino community’s interest in helping farmworkers improve their conditions. He noted that sexual harassment and abuse of women farmworkers has increased in recent years and promised that the NHLA would collaborate with Farmworker Justice on its advocacy and education.

Unfinished Harvest: The Agricultural Worker Protection Act at 30 is available here.