William & Mary Environmental Law and Policy Review
Abstract
Over two million farmworkers provide essential support to the country’s food system. As detailed below, their current working conditions, living conditions, and legal protections do not reflect the importance of their contributions. As regulations and enforcement have fallen short in securing their rights and economic position, public incentive schemes can encourage improvements and equip grower-employers to reverse the race to the bottom and instead become leaders in providing dignified work opportunities. This Article looks at recent attempts and opportunities to leverage federal policies and programs to incentivize this type of leadership. It proposes that the U.S. Department of Agriculture (USDA) should administer these incentives, aligning with the Department’s mission and building upon its current grants, subsidies, procurement activities, and other farmer-directed programs. While not a substitute for much needed improvements to legal protections, incentives can promote better standards for U.S. agricultural work, help employers become “employers of choice,” and strengthen the leadership of U.S. growers.