Despite vetoes, labor rights for some Maine farmworkers will increase under new federal rule

Workers pick tomatoes at a farm owned and operated by Pacific Tomato Growers on February 19, 2021 in Immokalee, Florida. (Spencer Platt/Getty Images)

Despite Gov. Janet Mills vetoing two bills that would have increased labor protections for Maine farmworkers, some agricultural workers will soon benefit from new federal regulations.

At the end of April, the U.S. Department of Labor finalized the Farmworker Protection Rule to protect the self-advocacy and safety of farmworkers, while enhancing employer accountability. According to a news release from the DOL, the rule targets temporary workers who are part of the H-2A Visa Program, which helps fill gaps when domestic workers are in short supply.

The new rule takes effect June 28. 

“This rule ensures farmworkers employed through the H-2A program are treated fairly, have a voice in their workplace and are able to perform their work safely,” said DOL Acting Secretary Julie Su. “It also promotes employer accountability, benefitting all farmworkers by upholding labor standards.”

In 2023, there were nearly 1,350 farmworkers in Maine registered in the H-2A program through the Office of Foreign Labor Certification, according to data from the DOL. However, the number could be higher since the agency said it does not keep data on all H-2A workers in Maine, only those who are certified. 

The rule will allow workers to advocate for better working conditions for themselves and their coworkers. It will also improve transparency in the foreign labor recruitment process by requiring more information to be collected about farm owners, operators and managers. There are also added safety requirements such as mandating seat belts in most vehicles that transport workers, according to the department.  

The rule expands the activities that are protected by anti-retaliation provisions and clarifies when workers are terminated “for cause” to make sure workers aren’t unjustly let go. 

The Maine Legislature approved two bills that would have expanded state-level labor rights for all agricultural workers. The proposals would have guaranteed a minimum wage for farmworkers and given them the right to discuss wages and engage in concerted activity, but the governor vetoed both bills.

Legislators will be voting Friday on whether or not to override those vetoes.

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