The U.S. Department of Labor (DOL) this week proposed a litany of deregulation measures aimed at rescinding or rewriting over 60 current workplace regulations. The proposal, if enacted, would eliminate minimum wages in certain sectors, make workers across industries less safe on the job and leave them with little recourse to rectify dangerous, unjust and hazardous workplace conditions.
Unsurprisingly, the DOL’s proposed rule changes specfically target regulations designed to protect farmworkers. The proposed changes would reverse a 2024 rule that protected farmworkers from retaliation when they file a complaint or participate in an investigation, proceeding or court hearing. It would also remove a requirement for seat belts in most employer provided transportation for farmworkers.
There is a long history of retaliation against agriculture workers who speak up against abuses in farm work. These rule changes will make farmworkers more vulnerable to unsafe working conditions as well as employers cutting hours and wages, or not renewing H-2A visas entirely when their employees attempt to speak out.
The fight to include H-2A visa holders and undocumented workers in labor protection law has been decades in the making. The 2024 DOL rule change to protect these workers was a small but significant step in the right direction. To reverse this rule would set us back in the fight to ensure that all workers are treated with dignity, respect and humanity, no matter their immigration status. The proposed action also further illustrates the inadequacy of reliance on the H-2A program, as many agriculture employers have advocated for.
While farmworkers in New York state are still protected from retaliation under the Farm Laborers Fair Labor Practices Act (FLFLPA), these proposed rule changes would leave the door open to federal courts undermining the law and the protections that come with it.
This move by the federal government is yet another reason why we need stronger protections for farmworkers from our state government. We ask all of our members, allies and friends to sign our petition calling on the NY Farm Bureau to take action to protect farmworkers in our state.
Make no mistake, we will continue to fight back against actions by the federal government that make farmworkers less safe and guarantee them fewer rights on the job.
If you oppose these rule changes like we do, we encourage you to let your Congressperson and Senators know. If enough of them stand up, they can block the proposed rule changes should they be enacted. You can find your representatives and their contact information here.