Ag News

DOL halts enforcement of burdensome rule on ag employers

On June 20, The U.S. Department of Labor’s (DOL) Wage and Hour Division announced it is suspending enforcement of the 2024 farmworker protection rule.

American Farm Bureau previously asked the DOL to re-evaluate the rule and voiced support for the June 20 decision.

The DOL explained that federal court injunctions have created significant legal uncertainty, inconsistency, and operational challenges for farmers lawfully employing H-2A workers, and the choice not to enforce the rule, provides critical predictability for agricultural employers as litigation continues and as the department considers further regulatory action.

The department also noted that the rule’s implementation had already been suspended by the department because of federal injunctions. Notably, the DOL 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.

In a released statement, American Farm Bureau President Zippy Duvall noted that the rule had created obstacles and pitted workers against employers.

“Farmers value the men and women who choose to work on their farms, so they don’t take lightly the responsibility to care for them. Our laws rightly penalize bad actors, but this rule assumed all employers are guilty until proven innocent,” Duvall said. “We pressed the administration to recognize the impact overreaching regulations have on farm viability and see this as a step in the right direction. We urge Congress to now follow the lead of the courts, which agreed with AFBF, and the administration by rescinding the rule altogether. Farmers need workable programs that ensure they can continue to provide jobs and put food on the table for America’s families.”

The rule was finalized on April 26, 2024, and went into effect June 28, 2024. Among other things, the rule expanded the range of activities protected by anti-retaliation provisions, laid out requirements for employers to execute “for cause” termination, imposed new disclosure requirements for farm employers to provide additional information about the nature of the job opportunity, set effective dates for wage increases and imposed new seat belt requirements for worker transportation.

Multiple ag organizations filed suit to stop the rule shortly after it was finalized.

The AFBF wrote to the DOL on June 14, 2024, asking the department to re-evaluate the rule, and the Georgia Fruit & Vegetable Growers Association joined one of the lawsuits.

On Aug. 26, 2024, the U.S. District Court for the Southern District of Georgia placed an injunction on the rule’s enforcement.

For additional guidance beyond the field assistance bulletin, workers and employers can contact the Wage and Hour Division at its toll-free helpline, 866-4US-WAGE (487-9243).

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