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Know Your Rights: New Labor Department Rules for the H-2A Program
Last Update: 2024-11-27
On April 29, 2024, the U.S. Department of Labor (DOL) finalized a rule that will address longstanding abuses within the H-2A program and give all farm workers crucial protections. Due to recent federal court rulings, this rule is in effect in certain states. Check below to see if your state is one of these states.
Here is what you need to know about this rule:
How did this rule happen?
This rule was made possible by farm workers and supporters of farm workers who spoke out for workers’ rights. The UFW Foundation and United Farm Workers led a campaign in support of the farmworker protection rule, including a public comment that quoted from the testimonies of approximately 100 farm workers. Their testimonies spoke about the retaliation and pretextual firings they experienced because they advocated for better conditions, the prohibitions their employers placed on speaking with key services providers, the widespread and multiple forms of wage theft, illegal recruitment fees, and trafficking that they survived. Their experiences speak to why the farmworker protection rule is so drastically needed.
What is in this rule?
In the states where this rule is effective, it furthers farm workers’ ability to file a complaint, assert their rights, and engage in certain protected activities. The rule does so by prohibiting employer retaliation against workers who are involved in these protected activities. Consulting with “key service providers” (including legal services providers like the UFW Foundation) is also a protected activity and employers are prohibited from retaliating against workers for doing so.
As of September 12, employers who apply to be a part of the H-2A program will have to comply with all of the requirements of the farmworker protection rule. This includes:
- allowing farm workers to invite guests to where they live;
- the ability for a farm worker to leave a “captive audience” meeting and other anti-retaliation protections;
- requiring seat belts in most employer vehicles; and
- other parts of the rule that address human trafficking, wage theft, illegal recruitment fees, and abusive agents of employers like supervisors and farm labor contractors.
The UFW Foundation is an amicus (or friend of the court) in the lawsuit and is defending the rule in the courts. We’ll keep advocating so that the basic protections in the farmworker protection rule are not just in 33 states but are nationwide. Please check back with us for updates.
What states will have the DOL rule?
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- Hawaii
- Illinois
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- Ohio
- Oregon
- Pennsylvania
- Rhode Island
- South Dakota
- Tennessee
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
What states will NOT have the DOL rule?
- Arkansas
- Florida
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Louisiana
- Missouri
- Montana
- Nebraska
- North Dakota
- Oklahoma
- South Carolina
- Tennessee
- Texas
- Virginia
This rule is one step forward for farm worker protections, yet more work remains to be done. Stay tuned on our social media for more opportunities to support farm worker protections. #ProtectFarmWorkers
Disclaimer: Due to a federal court ruling in Kentucky on November 25, 2024, certain parts of the rule cannot be implemented in Kentucky, Ohio, Alabama, and West Virginia and against these private plaintiffs and their members: USA Farmers, North Carolina Grower’s Association, Agricultural Workforce Management Association, The Worker and Farmer Labor Association, and National Council of Agricultural Employers. The parts of the rule that cannot be implemented in those states and against those plaintiffs and their members include: anti-retaliation for filing a complaint or participating in any investigation or proceeding, protections for concerted activity, captive-audience meeting provisions, designation of representative at disciplinary meetings, right to guests at employee housing, requirement that workers wear seatbelts, employer information collection requirements, and method-of-pay requirements.
Disclaimer: Due to a federal court ruling in Mississippi on November 25, 2024, certain parts of the rule are blocked from being implemented nationwide, particularly a provision that protects against retaliation by employers against workers for forming, joining, or assisting a union; other concerted activities for purposes of mutual aid or improving wages or working conditions; or declining to join a "captive audience" meeting. The ruling also blocks a part of the rule that allows an H-2A worker or U.S. worker who works for an H-2A employer to have a designated representative during any investigatory interview that might result in disciplinary action from the employer.
Disclaimer: this rule is still being challenged in court; please check back with us for updates on the litigation and this rule.
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