United States—One of the biggest agricultural states in the United States isn’t in the Midwest. California farms supply a wide variety of agricultural products in-state, nationwide and around the world. California is the largest state that exports agricultural products internationally. Per the U.S. Department of Agriculture, internationally exported agricultural products in 2022 were valued at $24.7 billion. Top products included fresh and processed fruits, vegetables and tree nuts.
Growing and harvesting these products requires a stable labor force. As a result, farms and companies in the state employ approximately 850,000 workers on average every year. Two-thirds of that number are undocumented migrant and seasonal workers. Without federal, state and local laws, these workers would suffer in the California labor market. Read on to learn more…
Why Do Farm Workers Need Protection?
Workers often deal with grueling weather and sometimes unsafe work conditions. Without laws, companies would force them to work longer shifts with fewer breaks, work in high temperatures without protection or enough hydration, or perform their tasks in areas without appropriate field sanitation. That last part would put consumers at risk of bacterial exposure from worker waste. Since the growing and harvesting of many agricultural products require workers to use heavy or sharp equipment and pesticides, workers would face a lack of guaranteed protection against injuries or post-injury assistance. In 2021 and 2022, there were more than 21,000 reported injuries in agricultural production.
Given the history of employment in the United States for hourly, weekly and salary employees, some companies might attempt to pay workers less than they deserve for their hard work. They might also refuse to cover important basic health and welfare services, compensate workers who become injured on the job, or prevent or investigate sexual harassment and other serious complaints. Workers who deal with bad conditions wouldn’t be able to enter collective bargaining, join unions or even become whistleblowers.
What Laws and Agencies Protect CA Workers?
The Migrant and Seasonal Farmworkers Protect Act (MSPA) provides many of the protections for workers above and beyond those applied to all general workers at the federal level through the Fair Labor Standards Act (FLSA) and the oversight of the U.S. Department of Labor (DOL) and the Occupational Safety and Health Administration (OSHA). Within California, the Division of Occupational Safety and Health of California (Cal/OSHA) protects workers’ rights based on federal and state laws, especially rights related to health, safety and wages, along with the Division of Labor Standards Enforcement (DLSE).
Workers can find more information about the regulations and additional assistance via the California Department of Industrial Relations website. The “Cal/OSHA – Title 8 Regulations – Table of Contents” web page links to chapters 3.2, 4 and 7 and related subchapters that delve into the specific laws further. The website also outlines how workers can file a complaint.
How Do These Laws Help Workers?
Federal and state agencies guarantee that employers are trained appropriately to recognize and follow the laws; provide training to employees about their rights and responsibilities; and face accountability if they don’t follow legal requirements. For example, agencies that offer supportive and enforcement services might guarantee that a company is providing fair payment (i.e., overtime at time and a half or, when applicable, minimum wage plus an amount per piece of harvested product), reasonable meal and rest breaks, and preventative measures in unhealthy outdoor conditions.
Additionally, the agencies check that farms provide appropriate training about employee rights, health and safety, and sexual harassment, along with the steps to report bad conditions and unfair practices. They inspect regularly to see that farms have supplied workers with the highest level of sanitation possible and potable water, safe housing, if applicable, and high-quality protective gear and tools. Lastly, they confirm that farms have the right amount of workers’ health and compensation insurance and investigate accusations of retaliation against year-round, migrant and seasonal workers.
