The U.S. Department of Labor (DOL) recently announced the suspension of the enforcement of the 2024 Worker Protection Rules. The move follows a judicial challenge initiated by Miles Berry Farm, the Georgia Fruit and Vegetable Association, and a coalition of 17 states. The rule, intended to enhance rights for temporary foreign farm workers, faced legal opposition due to claims it unlawfully favored these workers over their American counterparts.
In August, a federal court in Georgia declared the rule unconstitutional, thus preventing its enforcement across multiple states. As a result, the DOL clarified its position, stating, "As multiple federal court injunctions have created significant legal uncertainty, inconsistency and operational challenges for farmers lawfully employing H-2A workers, this field assistance bulletin clarifies that the department will not be enforcing the 2024 final rule effective immediately, providing critical predictability for agricultural employers as litigation continues and as the department considers further regulatory action."
The Southeastern Legal Foundation highlighted historical context, noting that during the New Deal era, the National Labor Relations Act granted union-forming rights to certain employees but excluded farmworkers. Chris Butts, GFVGA executive vice president, emphasized the local industry's perspective on these rules, stating, "GFVGA was proud to lead the effort to repeal these onerous and overreaching rules, which had they been enacted, would have left Georgia growers on an increasingly uneven playing field. Our growers face enough challenges daily without added regulatory burden."
Market-driven wages and reduced regulatory procedures remain primary concerns for stakeholders as the dialogue continues.
Source: FarmProgress