Federal labor law enforcement in agriculture
Story Date: 12/21/2020

  Source: UC DAVIS, RURAL MIGRATION NEWS, 12/18/20
 
The purpose of labor law enforcement is to ensure that the rights of workers are protected and to level the playing field for employers, so that those who underpay workers or engage in other cost-reducing behavior in violation of labor laws do not gain a competitive advantage over law-abiding employers. The US Department of Labor’s Wage and Hour Division (WHD) is the major federal agency that protects the rights of US farm workers and H-2A guest workers.

WHD enforcement data reveal three major trends. First, violations of H-2A regulations have become the major source of back wages owed to farm workers and dominate the civil money penalty (CMP) assessments that are levied for labor law violations in agriculture. In FY2000, violations of the Migrant and Seasonal Worker Protection Act led to $1 million in back wages and CMPs, compared with $100,000 for H-2A violations. In FY19, violations of MSPA led to $4 million in back wages and CMPs, compared with $5 million for H-2A violations.

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