News Article Type: Latest News

Today, Wage and Hour Division of the U.S. Department of Labor, issued guidance on enforcement of the minimum wage and other protections under the Fair Labor Standards Act of 1938 (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act of 1983 (AWPA or MSPA). The administrative interpretation focuses on “joint employment,” which means a situation in which a group of workers is employed simultaneously by two or more entities that are considered to be “joint employers” and jointly responsible for complying with labor protections. The issue of joint employment is especially important in agriculture because many farm operators utilize farm labor contractors to hire and supervise farmworkers on their farms while denying that they “employ” those farmworkers. When such farmworkers are deprived of the minimum wage or other labor protections under these two laws, many farm operators attempt to evade the legal responsibilities owed by “employers.” Frequently, when workers achieve legal victories, labor contractors lack the resources to pay a court judgment, leaving farmworkers without a remedy. Farmworker Justice is pleased that the Department of Labor is addressing rampant wage-hour abuses associated with labor contracting.

Read moreFarmworker Justice Statement on US Department of Labor’s New Wage-Hour Guidance on “Joint Employment”

On Monday, the Fifth Circuit Court of Appeals issued its long-awaited decision in Texas v. U.S., upholding the lower court’s order blocking President Obama’s executive action on immigration. The court’s 2-1 decision prevents the Administration from implementing DAPA (Deferred Action for Parents of Americans) and expanded DACA (expanded Deferred Action for Childhood Arrivals).

“The judicial system has committed a serious error that perpetuates our terribly broken, inhumane immigration system and stops the federal government from exercising its authority,” said Bruce Goldstein, President of Farmworker Justice, a national advocacy organization for farmworkers. “The injunction should be lifted. The President’s exercise of prosecutorial discretion is a sensible, limited and lawful action. Texas does not even have a legally proper basis to bring this case. The courts should not intervene in what is clearly a political dispute between the Executive Branch and states that disagree with the President’s immigration policy.”

We are pleased that the Department of Justice is seeking review of this case in the Supreme Court, which we hope will swiftly accept and rule on the case. While we are frustrated that millions of immigrants will have to wait longer for the limited, temporary relief which these programs would provide, we expect that the Supreme Court will support the Administration’s exercise of its authority.

“This case is vitally important to farmworker families, their communities and the agricultural system,” said Bruce Goldstein.” DAPA and DACA could provide temporary relief to an estimated 700,000 farmworkers and family members. At least half the farm labor force is undocumented, which contributes to the low wages and labor abuses in the fields. Implementing DAPA and expanded DACA will provide much needed relief from deportation and temporary work authorization to many farmworker families.

But this executive action is not a complete answer. Congress must pass comprehensive immigration reform to fix the system and provide undocumented immigrants an opportunity for immigration status and eventual citizenship.

Read moreStatement of Farmworker Justice on the Appellate Court Ruling on Immigration