The U.S. Department of Labor (DOL) on Dec. 20 issued additional guidance following court orders from the Eastern District of Kentucky and the Southern District of Mississippi regarding the 2024 Farmworker Protection Rule. This rule, intended to enhance protections for workers in temporary agricultural employment, is currently under legal scrutiny, causing delays in its full implementation.
A preliminary injunction from the Eastern District of Kentucky and a stay in the Southern District of Mississippi have temporarily blocked the DOL from enforcing certain provisions of the rule in specific states and for certain entities.
After further consideration and in light of these court orders, the DOL has concluded that utilization of the current forms associated with the Farmworker Protection Rule is infeasible in the short term, including during the current peak H-2A filing season. As a result, the DOL has decided to revert to the forms and procedures in effect as of June 27, 2024, for H-2A job orders and applications.
Employers who have initiated but not yet submitted their H-2A job orders or applications, as well as employers intending to initiate future H-2A job orders and applications, will need to use these older forms. Employers who submitted applications before Nov. 27, 2024, may request to withdraw and refile their applications under the previous form version.
The DOL has emphasized that these adjustments are in response to ongoing court cases. Further updates will be provided, as necessary. Employers are encouraged to monitor official DOL announcements for additional guidance.
Source: Florida Citrus Mutual
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