On September 10, 2024, the U.S. Department of Labor (DOL) announced it was moving forward with its far-reaching H-2A worker protection rule (also known as the Farmworker Protection Rule) in every state where it isn’t blocked, including Arizona, California, Oregon, and Washington. As we previously reported, a federal court blocked the Farmworker Protection Rule in 17 states, including Idaho and Montana, so the DOL delayed implementation across the country while it considered its options.
Frustratingly, the DOL chose the most difficult and cumbersome path forward for employers using H-2A workers. Employers in 33 states, including Arizona, California, Oregon, and Washington, must comply with the onerous rule, including a new set of guidelines for submitting H-2A applications as of September 12, 2024, as explained in the DOL’s announcement. Employers in the remaining 17 states, including Idaho and Montana, aren’t subject to the rule and will be able to submit applications under the old rules. As a result, multi-state employers may be subject to both the old and new rules, depending on what states they operate in.
Tips: We anticipate a lawsuit being filed to block the rule in the remaining 33 states, but for the time being, employers with worksites in those states will have to navigate these new requirements. For a summary of the rule, see our original reporting. While this continues to play out, be sure you’re in regular contact with the team that helps you comply with H-2A requirements, and keep an eye on the DOL’s Foreign Labor Certification website and this newsletter for additional information.
Need help navigating the complexities of the new H-2A rule? Discover how Vigilant membership offers you continuous counsel and support to ensure compliance on this matter and beyond.
