Beginning June 28, 2024, a new set of federal labor rules will go into effect with the goal of strengthening farm worker protections and ensuring that use of the H2A program does not adversely affect the wages and working conditions of US workers.
The rule, titled “Improving Protections for Workers in Temporary Agricultural Employment in the United States" includes the following provisions:
- Provides stronger protections for workers employed under the H-2A program to advocate on behalf of themselves and their coworkers regarding working conditions and prevents employers from suppressing this activity. Specifically, the final rule:
- Expands and clarifies the range of activities that are protected by the anti-retaliation provisions to include consulting with key service providers on matters related to the H-2A program; filing a complaint related to any applicable Federal, State or local laws or regulation; and, for workers not already protected by the National Labor Relations Act (NLRA), engaging in self-organization or concerted activities and leaving or declining to attend employer-sponsored “captive audience” meetings.
- Clarifies that workers are permitted to invite and accept guests – including friends and family, key service providers, labor organizations and others – to employer-furnished housing.
- Permits workers not covered by the NLRA to designate a representative for certain meetings where an employer seeks to gather information that may result in discipline.
- Clarifies when a termination is “for cause” to ensure that workers are not arbitrarily and unjustly terminated in order to strip them of essential rights to which they would otherwise be entitled, including the three-fourths guarantee, housing and meals until the worker leaves, outbound transportation, and, if the worker is a U.S. worker, to be contacted for employment in the next year.
- Includes requirements to better inform workers of job conditions and assist the Department to protect vulnerable workers from exploitation and abuse.
- Requires employers to pay the updated Adverse Effect Wage Rate immediately upon publication in the Federal Register.
- Improves transportation safety by prohibiting, in most vehicles, the transport of workers unless each occupant is wearing a seat belt.
- Helps prevent labor exploitation and human trafficking by expressly prohibiting employers from holding or confiscating a worker’s passport, visa, or other immigration or government identification documents.
- Streamlines and clarifies procedures for debarment.
- Improves protections for workers if the start of work is delayed.
For more information, please visit Final Rule: Improving Protections for Workers in Temporary Agricultural Employment in the United States.