On August 26, 2024, a federal district court blocked the U.S. Department of Labor (DOL)’s far-reaching H-2A worker protection rule (also known as the Farmworker Protection Rule) from going into effect in 17 states, including Idaho and Montana, and the DOL has delayed implementation across the nation. As we previously reported, the DOL’s Farmworker Protection Rule would have significantly impacted agricultural employers and provided sweeping worker protections. In response to the rule, 17 states (including Idaho and Montana), a farm, and an agriculture group sued the DOL. A federal court in Georgia ruled in favor of these groups, blocking the DOL from moving forward with the rule (Kansas v. DOL, SD Georgia, Aug. 2024).
In response to the ruling, the DOL announced it will delay implementation of the rule across the country as it decides what its next steps will be. For now, this means the DOL’s Office of Foreign Labor Certification (FLC) will delay updating its application gateway to accept revised job orders and applications and will continue processing them under the existing regulations (see 20 CFR Part 655).
Tips: Agricultural employers using H-2A workers in Idaho and Montana can rest easy knowing they’re not covered by the new rule unless a court reinstates it. For those in California, Oregon, and Washington, it would be reasonable to assume the DOL won’t enforce the rule nationwide, but until a court officially blocks it, that’s a possibility in those states. While we wait to see what happens, keep an eye on the FLC’s website and this newsletter for additional information. Also, reach out to your Vigilant Law Group employment attorney with questions.
