Increased Labor Law Enforcement in Southeast

Jim Rogers Agriculture, Labor, Regulation

The U.S. Department of Labor’s Wage and Hour Division is continuing its multi-year education and enforcement initiative to increase compliance with federal labor laws in the Southeast’s agriculture industry. In addition to enforcement activity, the initiative provides compliance assistance to employers and educates workers and other stakeholders.

The division and industry stakeholders in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee are exploring methods to raise industry awareness and provide tools to increase compliance. In the months ahead, the division will complete investigations and provide outreach to workers and employers, and when necessary, leverage H-2A debarment and certificate revocations.

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© Florida Department of Citrus

In 2021, investigators in the division’s Southeast Region found violations in 81% of the nearly 300 investigations they completed of agricultural employers. These investigations found that the employers owed more than $1.9 million to more than 4,000 employees. This led the division to assess more than $1.7 million in civil penalties. During that timeframe, the division debarred seven Southeast growers and farm labor contractors from eligibility to participate in the H-2A program.

“Compliance assistance and enforcement work hand in hand, and data supports the need for the division’s focus on both fronts,” said Wage and Hour Division Regional Administrator Juan Coria in Atlanta. “The Wage and Hour Division is committed to protecting workers who, like those in these cases, work hard to put food on America’s tables. When employers attempt to unlawfully increase their profits at the expense of the dignity, respect and — in some cases freedom — of workers, we will use every available tool to hold them accountable.”

The department encourages recruiters, labor contractors, growers, processors, distributors, wholesalers and retailers to join in this effort to protect workers and combat labor trafficking.

Federal law empowers the division to suspend, revoke or withhold renewal of farm labor certificates for contractors that commit violations under the Migrant Seasonal Protection Act. Employers are encouraged to review the ineligible farm labor contractor and H-2A debarment lists prior to contracting for labor. The Wage and Hour Division offers compliance assistance resources, including an agriculture compliance assistance toolkit, that employers can access to get the information they need to comply with the law.

Source: U.S. Department of Labor

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