Farmworker Protection Rule Implementation on Hold for Now

Posted by Growing Produce Staff|August 30, 2024

The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification has announced a delay in the transition schedule for implementing the H-2A Application and Job Order associated with the 2024 Farmworker Protection Final Rule.

The rule, which was first proposed in September 2023, targets vulnerability and abuses experienced by workers under the H-2A program that undermine fair labor standards for all farmworkers in the U.S. It was published and to go into effect on June 28, 2024. But just as the DOL was ready to process clearance orders and associated H-2A applications, everything came to a stop. On Aug. 26, 2024, the U.S. District Court for the Southern District of Georgia issued a preliminary injunction in the case Kansas, et al. vs. U.S. Department of Labor prohibiting DOL from enforcing the Farmworker Protection Rule in certain states and with respect to certain entities.

The preliminary injunction specifically prohibits DOL from enforcing the Farmworker Protection Rule in Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, and Virginia, as well as Miles Berry Farm and members of the Georgia Fruit and Vegetable Growers Association.

For now, the Office of Foreign Labor Certification will delay updating its Foreign Labor Application Gateway (FLAG) system to implement revised H-2A job order and application forms associated with the Farmworker Protection Rule, originally scheduled to begin on Aug. 28, 2024, until further notice.

As a result of this delay, the Office of Foreign Labor Certification will continue to receive and process H-2A job orders and applications in accordance with 20 CFR part 655, subpart B in effect as of the calendar day before the effective date as stated in the Farmworker Protection Rule. The Office of Foreign Labor Certification will provide additional public notice regarding a revised transition schedule as soon as possible.