Department of Labor Finalizes Farmworker Protection Rule

The U.S. Department of Labor (DOL) recently finalized the Farmworker Protection Rule to expand employment protections for farmworkers in the H-2A visa program and enhance the agency’s ability to enforce program compliance. The new rule targets abusive working conditions experienced by H-2A temporary agricultural workers and will take effect on June 28, 2024. However, H-2A applications filed before August 29, 2024, will be processed under the applicable existing rules. Applications filed on or after August 29 will be subject to the new Farmworker Protection Rules.

To help prepare employers for the new rule, Fisher Phillips labor attorneys have outlined vital takeaways and next steps in their latest blog. Takeaways include:

  1. New Protections for Worker Self-Advocacy
  2. “For Cause” Termination Clarified
  3. Immediate Effective Date for Updated AEWR and Compensation During Minor Delays
  4. New Disclosure Requirements for Foreign Labor Recruitment
  5. New Disclosure Requirements for Minimum Productivity Standards
  6. Expanded Transportation Safety Requirements
  7. Increased Employer Accountability
  8. New Rule Applies to H-2A Applications Filed on or After August 29

To learn about each of these takeaways from Fisher Phillips, click here.


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