Department of Labor publishes H-2A related final rule

The changes are set to take place June 28, and aim to bolster the rights of these workers and improve the enforcement capabilities of the department.
Migrant Workers picking strawberries in a Field

The Department of Labor published a final rule implementing new regulations to enhance protections for H-2A, temporary agricultural workers, in the United States. These changes, set to take place June 28, aim to bolster the rights of these workers and improve the enforcement capabilities of the department. 

Key aspects of the new regulations include: 

  • Strengthening worker protections: The revisions focus on increasing protections for nonimmigrant workers employed temporarily in agricultural sectors. This includes ensuring fair wages and safe working conditions, and providing a framework for better monitoring and enforcement against employers who fail to comply with program regulations. 
  • Enhancing compliance and enforcement: The DOL has expanded its ability to monitor and enforce compliance, allowing for more robust action against violators of the program’s stipulations.  
  • Legal and regulatory framework: These changes modify several parts of the existing regulations, including updates to the rules governing the certification of temporary employment and the contractual obligations of employers. This comprehensive overhaul addresses both the procedural aspects of certification and the substantive rights of workers. 

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