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US labor department adjusts farmworker protection rule amid legal challenges

The U.S. Department of Labor (DOL), on December 20, responded to court orders from the Eastern District of Kentucky and the Southern District of Mississippi, addressing the 2024 Farmworker Protection Rule. This regulation, aimed at bolstering safeguards for temporary agricultural workers, faces legal challenges that have stalled its comprehensive enforcement.

Due to a preliminary injunction and a stay issued by these courts, the DOL is temporarily prohibited from applying specific aspects of the rule within certain jurisdictions and to certain parties. Consequently, the DOL has determined that the current forms linked to the rule are presently impractical, especially amid the peak H-2A filing period. The department has therefore opted to revert to the forms and protocols established before June 27, 2024, for processing H-2A job orders and applications.

Employers in the process of filing, or planning to file H-2A job orders and applications, are instructed to utilize the prior versions of the forms. Those who have filed applications before November 27, 2024, have the option to withdraw and resubmit using the older forms. The DOL has made it clear that these modifications are a direct response to the legal proceedings and has promised to issue further updates as needed. Employers are advised to stay informed through official DOL communications for future guidance.

Source: Citrus Industry

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