In the high deserts and mountains of the West, men like Mr. Mendoza dwell in tents and tiny campers for months on end, without running water, toilets or other basic conveniences...
As in previous years, Mr. Mendoza ventured out in the spring to climb the mountains, making several stops in pastures where his bosses had federal permits for the flock to graze.
He lived in a white canvas tent much of the time, and last month reached the high-alpine basin where Mr. Inda had delivered the tin-sided trailer, near Engineer Pass, about 100 miles from where Mr. Mendoza began.
. yes but you don't HAVE to be a foreigner to legally live in such conditions!
Attends sheep and/or goat flock grazing on range or pasture: Herds flock and rounds up
strays using trained dogs. Beds down flock near evening campsite. ...Tents may be used where terrain and/or land regulations do not permit use of other more substantial mobile housing which provides facilities and protection closer in conformance with the Department's intent.
Contents of Job Offers to U.S. and Foreign Workers
See it says U.S. workers - not just foreign workers!!
The last time I looked, the pay in most states was $750 a month plus room and board. "Room" was often a tent
hmm. 24 hours on call, 7 days a week - what's that hourly wage? haha.
So I guess the Herder Employers are still challenging this in court?!
A job Americans won't do? In the list of jobs immigrants perform that no U.S. citizen wants, sheepherding must rank near the top.
I want to do it but I'll just have one pet goat Nanny for milk!
So now there's 2000 herders or so of sheep and goats in the U.S.
The herders in most states make $1,807.23 a month, the minimum salary stipulated by the Labor Department based on a 48-hour workweek.
The Department established similar variances or “special procedures” through sub-regulatory guidance in 2007...open range herding or production of livestock positions
The 2015 Rule, codified at §§ 655.200 through 655.235, continued the agency's recognition of the unique occupational characteristics of herding positions, which involve spending extended periods of time herding animals across remote range lands and being on call to protect and maintain herds for up to 24 hours a day, 7 days a week.
deposit charge, (1) either three sufficient meals a day, or free and convenient cooking facilities and adequate provision of food to enable the worker to prepare his own meals. To be sufficient or adequate, the meals or food provided must include a daily source of protein, vitamins,
the use of tents to house workers on the range and how the particular requirements set forth in §§ 655.230 and 655.235 apply to tents. For added clarity, we have revised the regulatory text to specify that tents are structures covered by these sections.
The Final Rule provides a limited exception for situations where terrain prevents the delivery of supplies by motorized vehicle. In those circumstances, an employer must identify alternative sources of water, such as springs, streams, or snow, that may be used by workers, and provide the workers the means to test and, by filtering, chemical purification or other methods, to easily render the water potable.
Because of the transient nature of the work—going where the herd goes, often in remote areas at some distance from the employer’s ranch or farm—Tents and other shelters were also used for this purpose, typically where there was no practical alternative given limited accessibility by vehicle because of remoteness and terrain.
https://www.govinfo.gov/content/pkg/FR-2015-10-16/pdf/2015-26252.pdf
Range is defined as "land that is not cultivated"also typically land that is "not suitable to be cultivated"
"in sleeping bags at night"
Tents appropriate to weather conditions may be used only where the terrain and/or land use regulations do not permit the use of other more substantial housing.
https://www.ecfr.gov/current/
In most instances, the housing, which is defined to include tents, moves along with the worker and the herd to the next grazing location. The housing standards, although providing general requirements regarding their physical structure and inspection (see also § 655.230), also specify requirements relating to the provision of facilities (e.g., for sleeping, heating, and cooking) and services (e.g, water supply and refuse disposal). These standards are often flexible; a particular standard typically allows an employer to select from various options and to make adjustments for particular location, terrain, and other circumstances.
The Code of Federal Regulations, Department of Labor section, Title 20: Occupational Safety and Health Review Commission, §(Section) 655.235
An employer employing workers under this section and §§ 655.200 through 655.230 may use a mobile unit, camper, or other similar mobile housing vehicle, tents, and remotely located stationary structures along herding trails, which meet the following standards:
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