Remarks by Acting Secretary of Labor Julie Su to Announce the Farmworker Protection Rule (As Delivered)

Santa Rosa, CA

April 26, 2024

This is such a special place for working people, where leadership matters and representation matters. And you guys obviously demonstrate that all the time, and I'm just so proud to be here with you.

I'm going to introduce him a little bit later, but I just want to say about Congressman Huffman, who is such a champion for working families, he's the only congressperson I've been in the district of twice in one month. So this is our second time together, and it's so wonderful. Thank you very much for all the great support you're providing on behalf of working people in Congress.

I mostly, though, want to say thank you to the farmworkers who are here: H-2A workers, as well as US-based workers, often who labor side by side. And there are some who would like us to believe that we live in a zero-sum world, where workers who struggle, workers who endure abuses, workers have to fight among each other for rights and decency.

But in President Biden's America, we believe that all workers deserve a fair shake and all workers should have a fair shake.

Josh talks about how we're building an economy from the middle out and the bottom up, which requires us to look at who's been at the bottom for far too long. When we talk about leaving no one behind, we have to be clear-eyed about who has been left behind. And so I am very excited to be here to talk about, to listen to, and to honor farmworkers who are so important to California's economy, to our national economy, and to the world.

I've seen throughout my life what farmworkers do. I've seen it because of what we eat at our table, I've also seen it because, if you live in California, any time you go and everywhere you go, you see farmworkers working, seven days a week, regardless of the weather. When my children were little, we would drive around California to the park or to a basketball tournament, and we would talk about how those workers were working on that day, away from their children.

So I want to start with that deep appreciation for farmworkers who are here, and many of those who could not be here because they are currently working in our fields.

Farmworkers feed us, farmworkers labor through all kinds of weather, as I've already said, and farmworkers strapped this country on their backs through the pandemic and helped to carry us through. So let's just pause and say thanks.

[Applause]

I want to quote my friend and American icon Dolores Huerta—whose son is here with us today—who has said, "Honor the hands that harvest your crops." So I want you to know that I see you, that President Biden sees you. We hear you, and we stand with you.

And we have your back. And our announcement today is part of President Biden's promise to be the most pro-union, pro-worker president that we have ever had in history.

[Applause]

To say something about H-2A workers: H-2A workers are in very high demand right now. We have seen an increase in workers coming in on H-2A visas.

But also through the Department of Labor's enforcement experience, we have seen that far too often the rights of those workers are violated. As Maria said, those workers experienced particular vulnerabilities. The work is temporary in nature. Oftentimes it's geographically isolated. In many cases, as Maria said, they are dependent on their employer, not just for their income, but for being in this country. Sometimes they fall prey to recruiters who abuse them. And we've also seen investigations in which H-2A workers are vulnerable to human trafficking.

And this makes it even harder for them to speak out about abuses, about conditions, about violations. And the fear of retaliation is very real. And these workers are sometimes put in harm's way while they're on the road.

So today's announcement—it's the Farmworker Protection Rule—both strengthens existing protections and expands some protections. We are also implementing the Department of Labor's ability to enforce the laws that are in place against fraud and bad actors, who have violated workers' rights previously. Because people should not be allowed to do that over and over and over again.

So here are some examples of what is in the rule.

First, workers need to be protected when they advocate for themselves. They should not be retaliated against for advocating regarding their working conditions.

They should not just be fired at the employer's will and then have protections that they should be entitled to under the law taken away from them. So the rule clarifies requirements for when employers are going to terminate a worker that they have to be "for cause" and what constitutes "for cause."

The rule also makes clear that workers can seek assistance from organizations, like legal services organizations. It makes clear that they can invite and accept guests in their employer-provided housing, including from labor organizations and other advocates.

We're also increasing transparency when it comes to labor recruitment so that workers better understand the nature of their employment.

And we've also included a seatbelt requirement, because no worker should get injured or die on the job, including when they are transported under employer-provided transportation.

By strengthening these protections, farm workers in this country will have more of a voice on the job, and they will be safer as they do their incredibly valuable work.

I'm just going to close with one story of a worker who I met in 2022 when the Department of Labor inducted essential workers of the global pandemic into the Department of Labor's Hall of Honor.

Carolina came to the Department to share her story, and I remember it because what she said is that she's a mother of seven, so she would get up at three in the morning each day to make sure that her children had what they needed, to get them ready for their day. And then she left her house at five in the morning so that she could be in the field at six in the morning.

She described the working conditions of the field, including working in extreme heat, for poverty wages. And what she said is that she doesn't have the right to get sick, because she doesn't get paid sick days.

But Carolina heard that a union started organizing at her field, and it empowered her to have a voice. And she now feels like she can work a little less and earn a little more.

President Biden calls this "some breathing room." It's something he believes it deeply, as do I, that every worker should not just have enough to get by and that working people deserve far better.

So today's rule is part of delivering on his promise, on that belief and that vision, and I'm just very proud to be with all of you today to share that with you. So thank you very much.

[Applause]

Delivered By
Acting Secretary of Labor Julie Su