• The Government of Mexico proposed opening a space for cooperation under the terms of the USMCA on the non-compliance of labor laws in the agriculture and protein-processing sectors in the US.

Today, on behalf of the Government of Mexico, Ambassador Esteban Moctezuma sent a letter to Labor Secretary Martin Walsh conveying the comments and concerns of the Mexican government regarding non-compliance with labor laws detected in the agricultural and protein-processing industries in the United States.

In the letter, the Government of Mexico proposed a space for cooperation under the terms established in USMCA Article 23.12 to find ways to address the non-compliance of labor laws in certain sectors and states in the U.S. and thereby fully guarantee the labor rights included in U.S. federal legislation and in Chapter 23 of the USMCA.  The above does not imply renouncing the dispute settlement mechanisms provided for in the USMCA but rather recognizes the importance of cooperation in effectively applying labor laws.

Although at the federal level, all workers are protected in the U.S. regardless of their immigration status, in practice factors such as ignorance, fear and abuse from some employers prevent migrant workers from fully exercising their labor rights in some industries and states.

The letter points out the following omissions, among others:

  1.  Non-payment of salary and overtime;
  2.  Excluding agricultural workers from: a) overtime pay; b) a minimum wage in specific cases; and c) the right to organize and bargain collectively.
  3.  Non-compliance by employers regarding breaks and facilities for agricultural workers.
  4.  The lack of federal regulation regarding heat stress in the agricultural industry.
  5.  The wage gap between packing house workers and protein-processing plant workers.
  6.  Limited access to hand washing and restrooms in both industries.
  7.  Non-compliance by employers with COVID-19 protocols and lack of safety and health measures to prevent contagion and spread in both industries.
  8.  Lack of access for undocumented workers to certain legal remedies such as reinstatement or backpay.
  9.  Lack of attention to cases of violence and sexual harassment in both industries.

For the above reasons, the Government of Mexico considered it necessary to point out the importance of properly enforcing its federal regulations to guarantee the labor rights of workers in the agricultural and protein processing and packaging industries in the United States.

It is important to note that the USMCA promotes the application of fundamental labor rights; seeks to guarantee protection for migrant workers; promotes an agenda of cooperation in applying international labor rights; and encourages dialogue to address differences related to applying the commitments included in Chapter 23.