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Colorado Legal Services Report Shows Mistreatment of Herders

Wages at $2-3 per hour, housing without electricity or running water

Denver, CO- A report being released today found that more than 80 percent of a surveyed group of Colorado’s sheep, goat and cattle herders are not permitted to leave their ranches, according to Colorado Legal Services.

The report also details herders’ opinions on a variety of other topics, including their often low pay, long hours and poor living conditions.

Much of the treatment of herders is entirely legal due to the exclusion of herders from many of the federal regulations that govern the H-2A program. For example, Colorado sheepherders receive a standard wage of $750 per month, as little as $2-3 per hour, regardless of hours worked, and are required by their contracts to be on-call 24 hours per day. Their housing is not required to have electricity, running water and toilets.

The report, conducted by legal services’ Migrant Farm Worker Division over 2 years, surveyed 93 herders, essentially a third of Colorado’s range workers.

Herders typically come to Colorado as part of the H-2A program, a federal foreign labor program for agricultural employers unable to find sufficient employees through the U.S. workforce. Employers must prove that hiring the foreign workers will not eliminate jobs nor depress wages for U.S. workers.

The program also requires employers to provide certain benefits to the foreign workers, including housing, transportation, and a guaranteed number of work hours. However, almost all other workers in the H-2A program receive better pay, have better living and working conditions, and enjoy more personal freedom than herders do.

“Many herders have expressed concern over the past several years about the harsh conditions under which they live and work,” said Jennifer J. Lee, managing attorney of the division and report co-author. “This survey attempted to quantify these concerns to show how prevalent they are.”

Many of the herders surveyed expressed concerns about sub-minimum wage pay, long hours, poor living conditions, mistreatment by their bosses and feelings of isolation, according to the report.

Among the most striking statistics revealed by the report:

• Almost three quarters of the herders reported having zero days off over the course of a year.
• Approximately 35 percent were paid less than once a month.
• 85 percent were not allowed to have visitors who were not ranch employees.
• Roughly 70 percent reported never having access to a functioning toilet.
• 85 percent were never permitted to engage in social activities.
• Almost 50 percent reported not having the opportunity or ability to read their employment contracts.

“This report shows that there must be a change in the way herders in Colorado are treated,” Lee said. “Herders come a long way from their home countries to work in our state, and they deserve decent wages and living conditions and more control over their own lives.”

Colorado Legal Services serves low-income Coloradans with civil legal matters. It is a statewide nonprofit with 15 offices throughout Colorado. The Migrant Farm Worker Division represents farm workers in a variety of civil legal issues. For more information, please visit www.coloradofarmworkers.org

Contact: Chandra Russo ([ email ]) or (720) 273-2022

Interview List:

Jennifer J. Lee, report co-author and managing attorney of Colorado Legal Services’ Migrant Farm Worker Division, (303) 866-9366, [ email ]

Thomas Acker, survey conductor and professor of Spanish at Mesa State College, (970) 260-9465, [ email ].

Interviews with former herders possible. Some may want anonymity. Contact Jennifer J. Lee to inquire.