New federal rules give farmworkers more rights and protections
SANTA ROSA, Calif. - The acting U.S. Labor Secretary came to Santa Rosa's Balletto Vineyards on Friday to announce new labor regulations to better protect the nation's 1.6 million farmworkers, effective June 28. Balleto was chosen because workers there feel appreciated and respected.
Balleto Vineyards makes many varieties of wine. It has a farmworker's union with numerous rights and benefits, including paid vacations.
But, elsewhere, the Labor Department says that the abuses that temporary, foreign, visiting farmworkers suffer under the H-2A visa program, hinder fair labor standard practices for all farmworkers in the country.
"The Farmworker Protection Rule will greatly both strengthen existing protections and expands some protections," said Acting U.S. Labor Secretary Julie Su.
The new rules allow workers to advocate for themselves or with others without fear.
"They should not be retaliated against for advocating for better conditions," said Su. Except for serious misconduct, any firings must now include that workers actually knew, or should have known the employer's rules, policies or performance standards. "They cannot or should not just be fired at the employer’s whim," said Su.
A farmworker picks grapes. (Photo by FREDERIC J. BROWN/AFP via Getty Images)
Employers may no longer take or hold workers' passports, visas or other I.D.s. Employers must assure that worker transport vehicles meet all safety standards including seatbelts. Employers who violate the rules will be ineligible for legally required state employment services.
The rules cannot help but to spill over to U.S. resident farmworkers. "Fundamentally important to getting all workers who toil and the same work in the United States the right and same rights," said Lorena Gonzalez Fletcher of the California Labor Federation.
"We know that, if we are able to protect H2A workers, we will be able to protect all farmworkers," said Teresa Romero, United Farmworkers President.
The thorny issue of mass killings in Half Moon Bay were not addressed in these rules. "President Biden has taken very seriously the scourge of gun violence in this country and there's more that can be done, and he's called for it," said the acting secretary.
Like a growing number of vineyards, Balleto has proven that you can make a product, make a profit and still treat your workers right, with real benefits that give them dignity.