Farmworker Protection Final Rule

Final Rule: Improving Protections for Workers in Temporary Agricultural Employment in the United States

The U.S. Department of Labor (Department) has announced the issuance of a final rule, “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is "for cause" to protect essential worker rights; and revising provisions and codifying protections that are outdated, unclear, or subject to misinterpretation in the current regulations.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:

• Press Release: US Department of Labor finalizes farmworker protection rule
• Frequently Asked Questions
• Blog: A New Rule to Improve Protections for Farmworkers
• Training and Employment Notice 27-23
• OFLC forms: These forms are pending OMB approval and are not for submission.
  • Form ETA 790/790A and Addenda
    • Form ETA-790
    • Form ETA-790A Addendum A
    • Form ETA-790A Addendum B
    • Form ETA-790A Addendum C
    • Form ETA-790A Agricultural Clearance Order
    • Form ETA-790-790A General Instructions
  • Form ETA 9142A and Appendices
    • Form ETA-9142A
    • Form ETA-9142A Appendix A
    • Form ETA-9142A Appendix B
    • Form ETA-9142A Appendix C
    • Form ETA-9142A Appendix D
    • Form ETA-9142A Approval Final Determination
    • Form ETA-9142A General Instructions

For additional information and resources, please visit the Wage and Hour Division’s website: https://www.dol.gov/agencies/whd/agriculture/h2a/final-rule.