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Article

25 Sep 2023

Author:
by Sky Chadde and Ryan Murphy, Investigate Midwest (USA)

USA: Construction companies use migrant labour on H-2A visas reserved for agricultural workers, enabling them to not pay overtime

"Is building a CAFO ‘agricultural’ work? One company has asked the Supreme Court to decide"

Jose Ageo Luna Vanegas first worked for Signet Builders… he received no overtime pay…

…His visa was different…

H-2B workers are eligible for overtime pay, but H-2A workers in many states are not because federal law exempts agricultural work from overtime.

… the federal government has allowed construction companies to use H-2A labor to build livestock confinements…

…Signet asked the U.S. Supreme Court to intervene to protect its business model…

…Domestic construction workers make about $18 an hour, roughly $4 more on average than H-2A workers doing construction jobs…

Signet’s lawyer, Paul Clement, didn’t return multiple requests for comment over the past few weeks…

Signet also did not respond to requests for comment…

Beyond limiting the earning potential of farm workers, the Fair Labor Standards Act has had another long-lasting impact — its vague definition of agriculture…

Mary Wilson bought Michel Concrete Construction… (Through her lawyers, Wilson declined to be interviewed.)…

…Alewelt factored in using H-2A labor — meaning it didn’t have to pay overtime or payroll taxes…Alewelt, which filed an amicus brief supporting Signet’s position before the Supreme Court, did not respond to requests for comment…