The Department of Labor finalized a new rule aimed at strengthening protections for farmworkers, particularly those under the H-2A program. Acting Secretary Julie Su emphasized the importance of ensuring fair treatment for all farmworkers, stating, “H-2A workers too frequently face abusive working conditions that undercut all farmworkers in the U.S.” The rule focuses on promoting worker advocacy, clarifying termination policies, enhancing transparency in foreign labor recruitment, ensuring timely wage changes, improving transportation safety, preventing labor exploitation and human trafficking, and maintaining employer accountability.
One of the key aspects of the new rule is the emphasis on protecting worker self-advocacy. The rule expands protections for workers engaging in activities related to their working conditions, allowing them to decline employer-sponsored meetings that discourage union participation and to consult with service providers in provided housing.
Furthermore, the rule clarifies the conditions under which a worker can be terminated for cause, ensuring that workers are informed about employer policies and have the opportunity for progressive discipline before termination. It also aims to make foreign labor recruitment more transparent by imposing new disclosure requirements on employers.
Additionally, the rule addresses timely wage changes for H-2A workers to prevent adverse effects on the wages of similarly employed workers in the U.S. It also introduces a seat belt requirement for transportation safety and prohibits employers from holding or confiscating workers' identification documents.
The final rule will take effect on June 28, 2024, with applications filed before August 28, 2024, processed according to existing regulations. Applications submitted on or after August 29, 2024, will be subject to the provisions of the Farmworker Protection Rule. For more information about the rule, individuals can visit the Employment and Training Administration and Wage and Hour Division web pages.
