Know Your Rights: New Labor Department Rules for the H-2A Program

Last Update: 2024-08-29

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 a recent federal court ruling, this rule will go into partial effect in only 33 states on August 29, 2024. Check below to see if your state is one of these states.

Disclaimer: this rule is still being challenged in court; please check back with us for updates on the litigation and this rule.

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 33 states where this rule is effective, it furthers farm workers’ ability to self-advocate, speak out for better wages and working conditions, file a complaint, and assert their rights. 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.

Unfortunately, because of the lawsuit against the rule, certain parts of the rule will not be enforced at the moment. This includes parts of the rule allowing farm workers to invite guests onto employer-provided housing and other parts that address wage theft, illegal recruitment fees, abusive agents of employers, and vehicle safety. The UFW Foundation is an amicus (or friend of the court) in the lawsuit and is defending the entirety of the rule in the courts. Please check back with us for updates.

What states will have the partial DOL rule?

  • Alaska
  • 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 partial 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. Currently, there is another opportunity for the Department of Homeland Security to finalize a set of farm worker protections. Join us in advocating for this DHS rule. Stay tuned on our social media for more opportunities to support farm worker protections. #ProtectFarmWorkers