Enforcement

Advancing Worker Equity at U.S. DOL by Improving Enforcement Edited

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Please see attached joint comments detailing the following recommendations:

For Migrant Workers

• Streamline and revitalize the employment service complaint system.

• Implement a policy of consistently communicating with SWAs about labor violations to ensure services are discontinued to employers who abuse the H-2A system.

• Forbid terms in clearance orders that create barriers to the employment of U.S. workers and otherwise create inequities in agricultural and non-agricultural work, and require contract terms be translated into languages the workers understand.

• Fix the prevailing wage survey systems that currently allow both H-2A and H-2B workers to be severely underpaid.

• Stop awarding H-2A visas for non-agricultural work such as trucking and construction.

• Implement the regulatory coordinated enforcement system that is designed to protect farmworkers.

• Increase oversight of SWAs to ensure proper provision of services to farmworkers.

For All Workers

• Allow attorney participation in WHD investigations.

• Revise the policy of categorically refusing to produce information related to ongoing investigations on the basis of FOIA exemption 7(a).

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Idea No. 382

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