In the United States, temporary workers are divided into two types: those who work in agriculture and those who do not, and regardless of which category you fall into, there are laws that protect this type of worker.
For you to come to the United States legally as a non-immigrant to work temporarily, your potential employer generally has to file a petition on your behalf.
It is proven that temporary workers, who are mostly Latino workers, are more vulnerable to safety risks, occupational health hazards, and retaliation or abuse by employers, unlike workers with regular employment relationships.At Conexión Legal, we have ideal support from workers' compensation attorneys specialized in defending your labor rights and finding ways to keep you always protected. Contact us through WhatsApp and receive free legal advice.
Non-Agricultural Temporary Workers
Currently, the Department of Homeland Security published a temporary rule to change certain requirements of H-2B visas to help and support the United States food supply chain and reduce the impact of the public health emergency caused by coronavirus on non-agricultural temporary worker employers.To benefit from this limited-time change in regulatory requirements, non-agricultural temporary workers must be in the United States with valid H-2B status.
Additionally, you will have to submit together with your petition the new Form ATT-2HB, Employer Declaration Wishing to Employ H-2B Non-Immigrant Workers Essential to the United States Food Supply Chain, in which you declare under penalty of perjury that the H-2B worker(s) will perform temporary non-agricultural services or work that are essential to the United States food supply chain, including but not limited to work related to:
- Processing, manufacturing, and packaging of food for humans and animals.
- Transportation of food for humans and animals from farms or manufacturing or processing facilities to distributors and final sellers.
- Sale of food for humans and animals through a variety of vendors or retail establishments, including restaurants.
Agricultural Temporary Workers
The Migrant and Seasonal Agricultural Worker Protection Act (AWPA) protects migrant and seasonal agricultural workers, so you have laws that protect and support you against any type of injustice or abuse.
If you become a victim of your employer or if they violate the AWPA law, you have the right to compensation for damages of up to $500 dollars for each violation, and furthermore your employer will be prohibited from retaliating against you for taking legal action to defend your rights.The company or agency in charge of providing temporary employment and the primary employer must ensure that each employer complies with the minimum regulatory requirements to guarantee your well-being.
Rights of Temporary Workers
You have the right to have access to a safe work environment, as well as to be informed clearly of the dangers you could face. Similarly, you have the right to keep your passport at all times, to receive fair wages for your hours and activities, and to receive them in a timely manner.You have the right to sign a contract with the company or employer to whom you provide your services, which covers the responsibilities of both parties.
If you identify any type of fraud or believe that your rights have not been respected, it is recommended to receive legal advice immediately from a workers' compensation attorney who can guide you regarding this matter.
At Conexión Legal, experts ready to support you for free and later represent you in court, upholding the rights and protection of temporary workers that correspond to you.
Do not hesitate to proceed legally and protect your rights. Contact us by calling 1800 201 1220.
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