By Tina Vasquez for Yes! Magazine.
Broadcast version by Suzanne Potter for California News Service reporting for the Solutions Journalism Network-Public News Service Collaboration

Latine workers form the backbone of the American agricultural industry. Without them, we could not eat. Without them, our larger food systems would crumble.

But farmworkers earn “far less than even some of the lowest-paid workers in the U.S. labor force,” according to the Economic Policy Institute. And the overwhelming majority of farm laborers in the United States are Latine, while more than 40% are undocumented. Another 10% of the farm labor force working in crops comes to the U.S. as part of the H-2A Temporary Agricultural Program, a guest worker program overseen by the U.S. Department of Labor that allows American employers to temporarily hire migrant workers to perform agricultural work. Employers can request workers from 86 eligible countries, though 90% hail from Mexico.

The World Bank has described agricultural development as “one of the most powerful tools to end extreme poverty.” Conservation organizations report that sustainable agricultural operations can help preserve and restore habitats, protect watersheds, and improve soil health and water quality. Experts suggest that expanding urban agriculture can even help fight racism and increase health equity.

If agricultural development is, indeed, the linchpin for a more just world, then realizing that world requires listening to and caring for the human beings whose labor facilitates that development. It also demands we reckon with how an industry built on exploitation can pave the road to justice. 

While working on a long-term investigation about wage theft and abuse in the H-2A program, I heard stories from farmworkers about their friends, colleagues, and family members who were worked to death or trafficked as part of the H-2A program, or raped in the fields by an employer. Stories about injustices have become normalized in the industry, including those about dangerous housing conditions at labor camps and systemic wage theft. According to the Department of Labor, agriculture is the top low-wage, high-violation industry in the nation. 

Sometimes stories of horrific abuse break through to the public. In 2021, the nation was shocked to learn details of “Operation Blooming Onion.” Trafficked migrant workers were ensnared in what U.S. government officials called “modern-day slavery” on southern Georgia farms, where victims were forced to dig for onions with their bare hands under the threat of gun violence. As appalling as the details were, crimes of labor trafficking, extreme wage theft, and passport confiscation all frequently occur as part of the agricultural guest worker program. 

Decades of data from government agencies, advocacy organizations, and academic institutions back up these stories from the field. Farmworkers suffer extreme health disparities due to the brutal, repetitive, fast-paced outdoor work they perform in extreme temperatures under harsh conditions that include pesticide exposure and high risk of heatstroke.

When I first started my investigation in fall 2021, well-meaning colleagues offered unsolicited advice about how difficult it would be to find farmworkers willing to go on the record. I was repeatedly told that farmworker communities are notoriously hard to build trust in. “They won’t speak to media,” one editor warned me. “They’re afraid of journalists,” a reporter friend said. I came to parrot these lines myself—and admittedly, the first several months of reporting were hard. I had particular trouble finding H-2A workers to speak to, but I soon learned it’s not because migrant farmworkers are unwilling to make their voices heard. These workers are hard to reach because of the nature of their work. Farmworkers are also fully aware of the consequences of speaking to a reporter—employers of H-2A workers can covertly blacklist them from being able to legally work in the U.S. Retaliatory employers have threatened undocumented farmworkers with immigration enforcement for detailing wage theft and other abuses. More often than not, these workers choose to speak out anyway. 

Once I was tapped in, one worker led to another. I tuned in to a chorus of voices and an avalanche of stories. There was no way to ignore farmworkers’ decades-long fight to be heard. In recent years alone, they have inspired berry boycotts and changed the face of labor organizing through efforts like the Milk With Dignity Program and the Fair Food Program. In Florida, they marched 45 miles to demand that companies such as Publix, Wendy’s, and Kroger provide farmworkers with better working conditions and wages. In California, farmworkers marched 335 miles to the state capital to urge the governor to sign a bill that would have made it easier for them to vote in unions. 

The appalling injustices farmworkers experience in the U.S. are not the result of a few bad apples in the agricultural industry. Their mistreatment is cemented into law by way of the Fair Labor Standards Act, which denies agricultural workers the bare minimum: a livable wage and overtime pay, while failing to mandate access to shade and water. These racist exclusions from basic labor protections have literally cost farmworkers their lives. But when their co-workers die in the fields from thirst and heat exposure, they protest. They strike. Farmworkers fight back. 

The most important public data we have about abuse in the agricultural industry exists because farmworkers risked it all to speak truth to power. The media’s portrayal of farmworkers as meek, scared, and hiding in the shadows flies in the face of what they have shown us: an unquenchable thirst for justice and a deep, abiding hunger for accountability—two things that have been denied to them for far too long. 

Until we truly reckon with the almighty agricultural industry that abuses our farmworkers with impunity, there can be no future where agriculture miraculously saves us from the damage already wrought on our agrifood systems. Without significant steps to ensure dignity and safety for the workers who nourish us—hundreds of thousands of whom come to the U.S. each year as part of a federal program that functions as a form of indentured servitude—we are doomed to continue perpetuating these cycles of harm.


Tina Vasquez wrote this article for Yes! Magazine.

The National Labor Relations Board recently issued a rule change that may have wide-ranging impacts for workers and businesses.

The update to the joint employer rule would require parent companies to negotiate collective bargaining agreements with employees even when using a staffing agency or subcontractor.

It also means franchisors and franchisees can both be held liable for unfair labor practices.

This replaces a Trump-era rule change that made it easier for companies to avoid a finding of joint-employer status.

Brian Petruska - general counsel with the mid-Atlantic regional organizing coalition of the Laborer's International Union of North America - said the rule change is a win for workers.

"It means that the employees' right to organize still is meaningful," said Petruska, "even in this modern world we live in with layers and layers of LLCs and corporations who are now defining the workspace."

The rule change now faces legal challenges including from the U.S. Chamber of Commerce, which filed suit against the board in federal court.

In a statement on its website, the Chamber says the rule change will "create chaos and more legal confusion that will harm both employers and workers."

The NLRB rule establishes that two or more entities may be considered joint employers of a group of employees when more than one entity possesses the authority to control employees' essential terms and conditions of employment.

The board says this change is more in line with established common-law agency principles.

Petruska said he sees opposition to the updated rule coming from a number of industries including restaurants, construction and hotels.

He also said the franchise business model will no longer insulate the parent company from labor issues.

"Now," said Petruska, "the fact that they have that control may cause them to be embroiled in local labor disputes that the franchisees are having with their employees."

The new rule will go into effect next February.

States such as Minnesota have seen a tidal wave of union organizing amid public support to improve pay and workplace conditions.

However, labor leaders acknowledge the slow growth of membership, prompting questions about the movement's future.

The Bureau of Labor Statistics says nationwide, the number of union jobs last year increased by nearly 2%, but the actual membership rate declined to 10.1%.

In a recent University of Minnesota panel discussion, Bernie Burnham -- president of the Minnesota AFL-CIO -- said the dynamics of organizing have changed, including smaller groups of employees pursuing contracts.

"Like in retail, there are a lot of places that use self-checkout," said Burnham. "So there are less workers in these stores and they're not going the traditional route, the old-school route of joining these bigger bodies that are the bigger unions."

Despite the differences, she suggests there's a lot of energy among the newer voices.

The experts added that corporations are taking a harder line on organizing and that under most laws, it's hard to enforce "anti-union" messaging.

Minnesota recently bolstered its laws, but some panelists noted most workers today don't come from a union household and could use more education and awareness.

Kathy Megarry, vice president for human resources and labor relations with the Metropolitan Airports Commission, suggested there are workers who want to see more value in the dues that are required.

"I have seen unions make actual political changes in terms of how they service their members," said Megarry, "put more money towards organizing, less money to servicing their members. That's a strategy. But then when you do not service your members well, I've seen that hurt some unions, not all."

She said that can be a hindrance for workers who sympathize with the cause but aren't ready to sign up for a union.

Meanwhile, the panelists said they see hope for more diversity within organized labor amid a shift from older white males leading organizing efforts.

They said having more women and people of color taking charge can potentially help with recruitment.

Pennsylvania needs more economic opportunities and a new report from the Keystone Research Center showed federal investments in climate and infrastructure projects would help grow a skilled construction workforce.

Diana Polson, senior policy analyst at the center, said the report revealed federal money would create thousands of trade jobs through expanding union construction apprenticeships leading to quality careers, as electricians, operating engineers, carpenters, and laborers.

"In Pennsylvania, for example, these apprenticeships train workers for jobs that pay more than most college-educated workers earn, and 61% more than the average worker in Pennsylvania," Polson pointed out. "Significantly, this training comes without any student debt."

Polson added Gov. Josh Shapiro wants to use 3% of the federal funds from recently signed climate and infrastructure laws to expand workforce development and apprenticeships. Shapiro's 2023-24 budget includes $6 million for the effort.

Polson noted President Joe Biden's Good Jobs Initiative seeks to embed job quality and equity incentives into the federal funding, to make sure apprenticeship and pre-apprenticeships benefit underserved communities. She called it a huge win all around, for the state, climate, for those communities, and taxpayers.

"We had shared this in the report, research has shown that for every dollar invested in apprenticeship $35 is returned to the government in higher tax collections, or reduced expenditures on public assistance or unemployment over the career of an apprentice," Polson emphasized. "These are huge returns on investments."

Keystone Research Center said the resources will lead to high-wage union construction careers. The center is holding a webinar today at 1 p.m. on construction apprenticeship programs in coal country, in Pennsylvania, Ohio, West Virginia, and Kentucky.