The U.S. Department of Labor’s (DOL) Wage and Hour Division recently announced it is suspending enforcement of the 2024 farmworker rule. The rule’s full name is Improving Protections for Workers in Temporary Agricultural Employment in the United States.
The 2024 farmworker rule amended several regulatory provisions governing the H-2A temporary agricultural labor certification program under the Immigration and Nationality Act. Among other revisions, the rule addressed matters such as rights to engage in concerted activity; worker guest access to employer-provided housing; termination standards and progressive discipline; seat belt requirements; wage disclosure and payment obligations; and employer disclosure and certification obligations.
Following the rule’s publication, multiple federal courts issued preliminary injunctions affecting enforcement of the rule in whole or in part. This created significant legal uncertainty, inconsistency and operational challenges for farmers lawfully employing H-2A workers.
The DOL’s field assistance bulletin clarifies that the department will not be enforcing the 2024 final rule effective immediately.
Not enforcing the rule provides “critical predictability for agricultural employers as litigation continues and as the department considers further regulatory action,” the DOL stated. “The decision provides much-needed clarity for American farmers navigating the H-2A program.”
The rule’s implementation had already been suspended by the department because of the federal injunctions. This guidance does not change existing regulations or limit the Wage and Hour Division’s authority to enforce H-2A requirements put in place prior to the 2024 final rule. It supersedes any contrary or conflicting guidance to field staff but does not create legally enforceable obligations or alter any statutory or regulatory requirements, ensuring full enforcement of U.S. immigration laws.
For additional guidance beyond the field assistance bulletin, contact the DOL Wage and Hour Division at 866-487-9243.
Source: DOL
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