U.S. Department of Labor Farmworker Programs
Career Services. As authorized by Section 167 of the Workforce Innovation and Opportunity Act (29 USC §§ 3101–3361), the U.S. Department of Labor administers a categorical career services program for migrant and seasonal farmworkers. The National Farmworker Jobs Program provides services in all states (currently excepting Alaska) and in the Commonwealth of Puerto Rico, through 56 public and private-nonprofit grantees. NFJP operations are under the supervision of the Division of National Programs, Tools and Technical Assistance, in the national office of the Employment and Training Administration.
The major portion of WIOA Section 167 dollars is invested in helping migrant and seasonal farmworkers obtain and retain stable, year-round jobs, both within and outside agriculture. The centerpiece of the program is job training and supportive services that successfully redirect participants into new careers or stabilize their current agricultural employment.
At one stage or another of the service delivery process, NFJP program operators routinely encounter farmworkers faced with many of the workplace challenges addressed by the laws cataloged on this website — unpaid wages, unsafe or unsanitary working conditions, denial of employee benefits, and others. Helping connect workers with enforcement agencies and legal resources to resolve these kinds of complaints is a key element of the program in many areas, within the scope of “related assistance” allowable under NFJP regulations.
The major portion of WIOA Section 167 dollars is invested in helping migrant and seasonal farmworkers obtain and retain stable, year-round jobs, both within and outside agriculture. The centerpiece of the program is job training and supportive services that successfully redirect participants into new careers or stabilize their current agricultural employment.
At one stage or another of the service delivery process, NFJP program operators routinely encounter farmworkers faced with many of the workplace challenges addressed by the laws cataloged on this website — unpaid wages, unsafe or unsanitary working conditions, denial of employee benefits, and others. Helping connect workers with enforcement agencies and legal resources to resolve these kinds of complaints is a key element of the program in many areas, within the scope of “related assistance” allowable under NFJP regulations.
Farmworker Housing Services. In addition to job training and employment stabilization support, the Labor Department also provides funding to 11 private-nonprofit organizations for the development of permanent and temporary housing facilities for migrant and seasonal farmworkers in 31 states and Puerto Rico. The program addresses the need for both single- and multi-family housing, both in the workers' home communities and at their temporary work locations.
Agricultural Worker Legal Assistance Projects
The Legal Services Corporation, established by Congress in 1974 to support programs providing free legal services to low-income people, provides funding to organizations in 43 states and Puerto Rico to specifically address the unique legal problems of agricultural workers. The LSC agricultural worker grantees provide legal assistance from year-round offices, supplemented by additional outreach facilities that are open temporarily during periods of heavy seasonal agricultural activity.
LSC’s grantees with agricultural worker funding can handle employment-related civil cases involving many of the rights outlined on this website. Funds appropriated under the Legal Services Corporation Act (42 USC 2996-2996l) cannot be used to represent clients in criminal matters and are subject to other restrictions, including a prohibition on the representation of most persons without work authorization.
LSC’s grantees with agricultural worker funding can handle employment-related civil cases involving many of the rights outlined on this website. Funds appropriated under the Legal Services Corporation Act (42 USC 2996-2996l) cannot be used to represent clients in criminal matters and are subject to other restrictions, including a prohibition on the representation of most persons without work authorization.
State Monitor Advocates
Federal regulations governing the nationwide system of public employment offices (20 CFR Part 658) require each state workforce agency to establish formal procedures for responding to worker complaints against an employer to whom the worker was referred by the agency, or complaints involving services provided by the agency's local offices. A worker may file an employment complaint at any local office of the state workforce agency, or at any career center, within 2 years of the alleged violation.
Special rules apply to complaints filed by migrant and seasonal farmworkers. If the complaint alleges a violation of an employment-related law and informal resolution at the local level would be detrimental to the complainant, the matter must be forwarded immediately to the appropriate enforcement agency. Other kinds of complaints made by a farmworker must be investigated and either (a) resolved to the complainant's satisfaction at the local level within 5 working days, or (b) forwarded to the state office for further investigation and resolution. Every farmworker complaint received at the state level, whether submitted directly by the complainant or referred by a local office, must be resolved within 20 working days of the date of receipt by the headquarters staff. In the event the case is not settled within this timeframe, the staff is required to issue a written determination regarding its investigation, findings and conclusions, and to advise the complainant of the right to a hearing.
The state workforce agency official designated to handle complaints by farmworkers and other agency customers is known as the State Monitor Advocate, who is appointed by the state agency administrator. Among other responsibilities, it is the Monitor Advocate's duty to assure that farmworkers are afforded public employment services on the same basis as their non-farmworking counterparts.
Special rules apply to complaints filed by migrant and seasonal farmworkers. If the complaint alleges a violation of an employment-related law and informal resolution at the local level would be detrimental to the complainant, the matter must be forwarded immediately to the appropriate enforcement agency. Other kinds of complaints made by a farmworker must be investigated and either (a) resolved to the complainant's satisfaction at the local level within 5 working days, or (b) forwarded to the state office for further investigation and resolution. Every farmworker complaint received at the state level, whether submitted directly by the complainant or referred by a local office, must be resolved within 20 working days of the date of receipt by the headquarters staff. In the event the case is not settled within this timeframe, the staff is required to issue a written determination regarding its investigation, findings and conclusions, and to advise the complainant of the right to a hearing.
The state workforce agency official designated to handle complaints by farmworkers and other agency customers is known as the State Monitor Advocate, who is appointed by the state agency administrator. Among other responsibilities, it is the Monitor Advocate's duty to assure that farmworkers are afforded public employment services on the same basis as their non-farmworking counterparts.