Book
The Human Cost of Food
Influence of Agricultural Producers
Table producers hold significant power in legislative and administrative spheres.
They act as advocates for large-scale growers while opposing farmworkers, especially in labor rights.
Farmworkers often endure harsh living and working conditions reminiscent of industrial labor from the late 19th century.
Legal exclusions prevent farmworkers from gaining rights enjoyed by other workers, leading to distressing conditions.
Agricultural Exceptionalism
Origins
In the 19th century, farmworkers' conditions mirrored those of industrial workers, characterized by:
Low wages
Child labor
Long hours
Dangerous work conditions.
Progressive Era reforms (late 19th century) and New Deal laws significantly improved conditions for industrial workers, leading to:
Restrictions on child labor
Overtime pay standards
Workers' compensation laws
Minimum wage acts
Collective bargaining rights under the National Labor Relations Act.
Farmworkers did not benefit similarly; instead, agricultural exceptionalism developed, where most labor laws exempted them until 1960, widening the gap between their conditions and those of industrial workers.
Legislative Influence
The southern agricultural sector wielded disproportionate power in state legislatures, hindering reforms to benefit farmworkers.
Legislative seats were historically allocated without regard to population, empowering rural areas at the cost of urban representation.
Southern congressional representatives actively prevented federal labor laws from benefiting farmworkers, notably during the formation of New Deal reforms, due to concerns over racial hierarchies.
Current Impacts of Agricultural Exceptionalism
Many farmworkers remain without basic protections such as:
Minimum wage
Overtime pay
Workers' compensation.
Federal and state laws often leave smaller farms and migrant farmworkers outside legal protections:
For instance, farms employing fewer than 500 man-days can evade minimum wage laws.
Federal Law: Current Status
Despite gradual inclusion of farmworkers into federal labor law, they still lack full protections.
Wage Issues
The Fair Labor Standards Act (FLSA) initially exempted farmworkers, later incorporating them at a lower minimum wage in 1966.
The FLSA provides no overtime pay for farmworkers unless state laws offer stricter protections.
Child Labor Restrictions
Child labor laws have separate, lenient standards for agriculture, allowing younger children to work in various capacities outside school hours.
Unemployment Compensation
Farmworkers often miss out on unemployment benefits, reinforcing a cycle of migrancy and financial instability.
Workplace Safety
Occupational Safety and Health Administration (OSHA) has minimal standards for farm working conditions.
Organizational Rights
The National Labor Relations Act (NLRA) excludes agricultural workers from collective bargaining rights.
Few states offer protections akin to those enjoyed by industrial workers, resulting in a lack of unionization and collective action among farmworkers.
State Law Context
State laws generally treat farmworkers less favorably, lacking minimum wage guarantees.
They often face exemptions from landlord-tenant laws and compulsory education laws, which disproportionately affect migrant families.
Attempts for Change
Advocates have focused on passing protective laws for farmworkers but often face legislative resistance.
Federal intervention has been limited and primarily reactive to public outcry (e.g., the 1960 CBS documentary "Harvest of Shame").
Key Legislation
Farm Labor Contractor Registration Act (FLCRA)
Established in 1963 as a modest regulation over farm labor conditions, expanded in 1974.
Obligated labor contractors to maintain records, with limited enforcement.
Migrant and Seasonal Agricultural Worker Protection Act (AWPA)
Strengthened regulations for migrant housing and transport but often undermined by agricultural interests through loopholes and non-compliance.
Shortcomings and Challenges
Despite nominal improvements, significant resistance from agricultural interests undermines protections.
Many workers remain uninformed of their rights, and legal services face restrictive funding and operational limitations.
Conclusion: Continuing Challenge
Farmworkers still struggle under conditions reminiscent of the early 20th century, lacking proper legal protections and facing significant barriers to organizing and advocacy. Future efforts must address the roots of agricultural exceptionalism rather than only its symptoms.