Do you know who picked your fruit today? Well you might be a bit more interested with the passing of new regulations for H2A Visa for migrant workers by President Obama. President Obama reformed the past guest worker regulations from those of President Bush’s administration, which many felt favored the employer.
President Obama changed the regulations so that employees had more rights in terms of wages and contracts, while employers now have more responsibility in terms of documenting workers’ hours and better salaries for workers.
The majority of migrant workers in the United States are from Mexico and Central America and therefore the most affected by this new legislation. Many in the Hispanic community feel that the reforms are a much needed change to a system that exploited its workers. It would ensure that seasonal employees are paid fairly and treated as workers and not as pack mules.
The Secretary of Labor Hilda Solis stated to Univision. com that the changes to this program reflect the promise of “fair salaries and strong labor safeguards for the most vulnerable labor group.” However, those on the employer side of the situation feel that the H2A Visa’s.
Tom Nassif, president of Western Growers, stated that President Obama’s new regulations reverse President Bush’s old policy on migrant workers which made it easier for farmers to hire foreign workers. However I believe that this is only because the employers would now be forced to document the workers’ true hours and pay them accordingly and fairly.
Who is Covered?
- Worker must be temporary/less than one year
- Employer can show that work is truly temporary or seasonal
Requirements?
- Employer must keep records of the hours each worker actually worked
- Each worker must be provided a wage statement showing hours worked