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Agricultural Sector › Foreign Workers › H-2A

A&O Shearman

Shepherds Survive Wage-Fixing Suit Against Western Range Association

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On August 8, 2025, Chief Judge Miranda M. Du of the United States District Court for the District of Nevada denied all motions to dismiss and held that defendants Western Range Association (WRA) and eight member ranches must...more

Jackson Lewis P.C.

DOL: Indefinite Delay in FLAG System Update for New H-2A Farmworker Visa Rule

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The Department of Labor (DOL) has decided to delay updating its Foreign Labor Application Gateway, or FLAG, case processing system to implement revised H-2A job order and application forms for the new 2024 Farmworkers...more

Fisher Phillips

DOL Finalizes Farmworker Protection Rule: 8 Key Takeaways for H-2A Agricultural Employers

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The U.S. Department of Labor just released a final rule that will expand employment protections for farmworkers in the H-2A visa program and enhance the agency’s capabilities to monitor and enforce program compliance. The DOL...more

CDF Labor Law LLP

Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement

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In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program. The H-2A visa program allows employers to hire foreign nationals to engage...more

Alston & Bird

Biden Administration Proposes More Changes to the H-2A Program

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Our Agricultural Legislative & Public Policy Team examines another pair of proposed rules that would reform the H-2A program....more

Fisher Phillips

Take Note H-2A Employers: Labor Department Proposes New Methodology to Calculate Wage Rates

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The Department of Labor recently announced a proposal to change the methodology of the hourly Adverse Effect Wage Rate (AEWR) for temporary nonimmigrant agricultural workers in the H-2A Program for all occupations other than...more

Miller Nash LLP

Finally, a Break! The Ninth Circuit Rules for California Employers on Arbitration Agreements

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This month, the Ninth Circuit Court of Appeals reversed course and held that the arbitration agreement signed by a H-2A temporary farm worker was valid and enforceable. This decision is instructive for California employers on...more

Fisher Phillips

In a Win for Agricultural Employers, Federal Appeals Court Gives Green Light To H-2A Laborer Arbitration Agreements

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A west coast federal appeals court just opened the door for H-2A employers to enforce arbitration agreements in employment disputes even outside the context of a collective bargaining agreement. The Ninth Circuit Court of...more

Carlton Fields

California Court Finds Arbitration Agreement Invalid and Unenforceable as a Result of Economic Duress and Undue Influence

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The plaintiff, an agricultural laborer, brought suit against his employer who, in turn, moved to compel arbitration based on the arbitration agreement in the parties’ employment contract. The plaintiff opposed, successfully...more

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