Tobacco farm workers spraying pesticides | เลิศลักษณ์ ทิพชัย (Lertluck Thipchai)
The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification has announced a delay in the transition schedule for implementing the H-2A Application and Job Order associated with the 2024 Farmworker Protection Final Rule.
The rule, which was first proposed in September 2023, targets vulnerability and abuses experienced by workers under the H-2A program that undermine fair labor standards for all farmworkers in the U.S. It was published with the intent to go into effect on June 28, 2024. However, just as the DOL was ready to process clearance orders and associated H-2A applications, everything came to a stop. On Aug. 26, 2024, the U.S. District Court for the Southern District of Georgia issued a preliminary injunction in the case the State of Kansas, et al. vs. the U.S. Department of Labor et al., prohibiting DOL from enforcing the Farmworker Protection Rule in certain states and with respect to certain entities.
The preliminary injunction specifically prohibits DOL from enforcing the Farmworker Protection Rule in the following states:
- Arkansas
- Florida
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Louisiana
- Missouri
- Montana
- Nebraska
- North Dakota
- Oklahoma
- South Carolina
- Tennessee
- Texas
- Virginia
For now, the Office of Foreign Labor Certification will delay updating its Foreign Labor Application Gateway (FLAG) system to implement revised H-2A job order and application forms associated with the Farmworker Protection Rule, originally scheduled to begin on Aug. 28, 2024, until further notice.
As a result of this delay, the Office of Foreign Labor Certification will continue to receive and process H-2A job orders and applications in accordance with 20 CFR Part 655, Subpart B in effect as of the calendar day before the effective date as stated in the Farmworker Protection Rule. The Office of Foreign Labor Certification will provide additional public notice regarding a revised transition schedule as soon as possible.
For additional information on the ruling, please contact AmericanHort.
