The U.S. Department of Labor published a final rule that updates the H-2A application and temporary labor certification procedures while improving the protection of agricultural workers.
The Labor Department released the final rule in the Federal Register Oct. 12, according to a news release.
“By improving H-2A program regulations, we are strengthening worker protections, meeting our core mission,” Secretary of Labor Marty Walsh said in the release. "Today's new rule makes several improvements to enhance the integrity of the H-2A program and provide employers and other stakeholders greater clarity."
Employers are allowed to use foreign agricultural workers under the H-2A program to fill temporary labor needs when there are not enough workers who are able, willing, qualified and available. That is so long as doing so won't have a negative impact on the pay and working conditions of Americans who are similarly employed abroad, according to the release.
Among the elements in the new rule are improved safety and health protections for workers housed in rental or public accommodations and the establishment of explicit authority to debar attorneys and agents for misconduct independent of an employer’s violations, the release reported. It also better holds labor contracts accountable through streamlining and updating bond requirements with an accompanying clarification of joint-employer status for employers and associations.
