Deborah Van Fleet, Producer
Thursday, March 30, 2023
With an average hourly wage of under $15 in 2021, many Nebraska agricultural workers would be hard-pressed to afford an attorney if they needed one for a workplace issue.
A Legal Aid of Nebraska program, the Agricultural Worker Rights Program, fills the need by providing free legal representation to income-eligible agricultural workers.
Danny Reynaga, managing attorney for the program, said discrimination is "pretty rampant," for Nebraska ag workers, and it can take many forms, from overt to subtle. But he stressed not all the complaints are actionable, and not all workers experiencing discrimination choose to pursue charges.
"They, for whatever reason, maybe are afraid of retaliation from that employer," Reynaga explained. "Maybe because they are still working for that employer. Or, perhaps, they don't want to raise a stink because they are going to need that employer to give them some sort of reference for their next job."
Reynaga pointed out their clients do not have to be Nebraska residents but their complaint must have originated in Nebraska. As with other services Legal Aid of Nebraska provides, the Agricultural Worker Rights Program has an upper income eligibility limit: 125% of federal poverty guidelines. Currently, it is $18,250 for an individual.
Reynaga emphasized under some circumstances someone earning up to 200% of federal poverty guidelines, or just over $29,000 for an individual, could qualify. He added pay-related issues are another common type of complaint.
"Ag workers tend to work very long hours, and keeping track of those hours isn't necessarily always the top priority of the employer, and so sometimes that hour tracking becomes an issue," Reynaga observed. "They're not getting paid what they're supposed to be, and what they work for."
As in other states, Nebraska is seeing more ag workers on H-2A temporary visas due to the ongoing labor shortage. Reynaga said foreign workers can be more susceptible to rights violations, sometimes because their rights were not explained to them and sometimes because of language barriers.
He explained although the people they represent typically must have legal status, an exception can be made if someone is the victim of a crime, such as labor trafficking, which he pointed out may not fit peoples' image of trafficking.
"Labor trafficking can mean somebody is being essentially held against their will because their documents are being held, or their wages are being garnished, or their employer is just overstepping their bounds," Reynaga outlined.
Reynaga acknowledged some agricultural worker rights violations are unintentional, and their outreach includes informing both employees and employers about the rights workers have. He stressed there are many good ag employers in Nebraska and many ag employees who report being happy.
The access line for the Agricultural Worker Rights Program is 1-877-250-2016.
get more stories like this via email

Health and Wellness
California's medical aid-in-dying law is back in court. Three patients with disabilities and two doctors are asking to intervene in a lawsuit …
Environment
A new federal jobs program aims to mobilize tens of thousands of young Americans to address the growing threats of climate change. The American …
Social Issues
Little Priest Tribal College in Winnebago says its student body and campus are growing - and so are its options for people to study in STEM fields…
Health and Wellness
By Nathalia Teixeira for Kent State News Lab.Broadcast version by Nadia Ramlagan reporting for the Kent State-Ohio News Connection Collaboration…
Social Issues
Maine's new Office of Affordable Health Care holds its first public hearing this week, and people are being strongly encouraged to participate…
Social Issues
The number of children locked behind bars in Alabama has declined, but their advocates said more needs to be done to create alternatives to …
Social Issues
This coming Saturday, North Dakotans will get a chance to see how election workers go to great lengths to ensure a safe and secure voting process…
Environment
Scientists at Purdue University have been experimenting to create adhesives designed to be easier on the environment. So many products from …