WASHINGTON – The U.S. Department of Labor’s Wage and Hour Division announced it is suspending enforcement of the 2024 farmworker rule. The decision provides much-needed clarity for specialty crop producers navigating the H-2A program.
As multiple federal court injunctions have created significant legal uncertainty, inconsistency, and operational challenges for farmers lawfully employing H-2A workers, this field assistance bulletin clarifies that the department will not be enforcing the 2024 final rule effective immediately – providing critical predictability for ag employers as litigation continues and as the department considers further regulatory action.
The rule’s implementation had already been suspended by the department because of federal injunctions. This guidance does not change existing regulations or limit the Wage and Hour Division’s authority to enforce H-2A requirements put in place prior to the 2024 final rule. It supersedes any contrary or conflicting guidance to field staff but does not create legally enforceable obligations or alter any statutory or regulatory requirements, ensuring full enforcement of U.S. immigration laws.
For additional guidance beyond the field assistance bulletin, workers and employers can contact the Wage and Hour Division at its toll-free helpline, 866-4US-WAGE (487-9243).
FFVA Issues Statement
The Florida Fruit & Vegetable Association (FFVA) issued the following statement in response to the announcement:
“Since this rule was initially proposed, we have legally challenged its constitutionality, expressing concern with certain provisions that circumvented U.S. Supreme Court decisions and exceeded the U.S. Department of Labor’s authority. In fact, those provisions were quickly blocked by federal courts for this very reason.
The challenges facing today’s farmers are many, but the issue that continues to top the list is labor. FFVA has long been vocal about the meaningful changes needed to the H-2A program to ensure a stable, legal workforce for the agriculture industry.
We are grateful to Secretary Chavez-DeRemer and the administration for providing needed clarity on this rule and working to support the sustainability of an industry that helps feed, clothe and fuel the nation.”