The U.S. Department of Labor (Department) has published the final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (the “Farmworker Protection Rule”). The Farmworker Protection Rule is effective June 28, 2024. As previously announced, the Department will process clearance orders and associated H-2A applications filed before 7:00 PM Eastern Daylight Time on August 28, 2024, in accordance with 20 CFR part 655, subpart B in effect as of June 27, 2024. The Department’s case processing system, the Foreign Labor Application Gateway, will then be updated to accept applications filed under the Farmworker Protection Rule. Applications submitted on or after 12:00 AM Eastern Daylight Time on August 29, 2024 will be processed in accordance with the provisions of the Farmworker Protection Rule tied directly to a temporary labor certification.
In addition, to better align the implementation of the Farmworker Protection Rule’s revisions to 29 CFR 501.4(a) with parallel revisions in 20 CFR 655.135(h), the Department has determined that, through August 28, 2024, it will continue to enforce the requirements of 29 CFR 501.4(a) in effect as of June 27, 2024. The Department will begin to enforce the requirements of 29 CFR 501.4(a) as revised by the Farmworker Protection Rule only with respect to conduct or actions occurring on or after August 29, 2024.
The U.S. Department of Labor (Department) has published the final rule, “Federal Register :: Improving Protections for Workers in Temporary Agricultural Employment in the United States” effective on June 28, 2024. The final rule strengthens protections for temporary agricultural workers by making several changes to H-2A program regulations to bolster the Department’s efforts to prevent adverse effect on workers in the U.S. and ensure that H-2A workers are employed only when there are not sufficient able, willing, and qualified U.S. workers available to perform the work. These changes include empowering workers to advocate on behalf of themselves and their coworkers regarding working conditions; improving accountability for employers using the H-2A program; improving transparency and accountability in the foreign labor recruitment process; requiring seat belts in most vehicles used to transport workers; enhancing existing enforcement provisions; improving transparency into the nature of the job opportunity by collecting additional information about owners, operators, managers, and supervisors to better enforce program requirements; clarifying when a termination is “for cause” to protect essential worker rights; and revising provisions and codifying protections that are outdated, unclear, or subject to misinterpretation in the current regulations. The final rule also strengthens protections for temporary agricultural workers when employers fail to properly notify workers that the start date of work is delayed, and clarifies and streamlines procedures to prevent noncompliant employers from using the Employment Service.
Additional Information
- Final Rule: Improving Protections for Workers in Temporary Agricultural Employment in the United States
- Frequently Asked Questions
- H-2A Employer’s Guide to the Final Rule “Improving Protections for Workers in Temporary Agricultural Employment in the United States”
- Flyer: Protections for Workers Employed Under the H-2A Program (English and Spanish)
- Flyer: Protections for U.S. Workers Under the H-2A Program (English and Spanish)
- Proposed rule
For additional information and resources, please visit the Wage and Hour Division’s / Employment and Training Administration’s website.