Managing a farm workforce can be a heavy lift. Agricultural employers must keep up with farm labor laws and workplace regulations that seem to constantly change, so we created this zero-waste resource for ag professionals and...more
The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more
Federal officials announced late Friday they were suspending enforcement of what it called “the Biden Administration’s burdensome 2024 farmworker rule,” effective immediately – news that should provide a measure of relief to...more
A recent federal jury verdict in Michigan has brought renewed attention to the compliance risks faced by employers that utilize the H-2A visa program, particularly when working with third-party labor contractors. On June 6,...more
A federal appeals court will soon decide whether the Department of Labor (DOL) may impose financial penalties on employers for alleged violations of the H-2A temporary visa program. While a lower court rejected a family-owned...more
The Department of Homeland Security (DHS) has issued a Final Rule for the H-2A and H-2B temporary worker programs that will become effective on Jan. 17, 2025. The Rule is aimed at modernizing the regulations governing the...more
On Dec. 16, 2024, the U.S. Department of Labor (DOL) published the new 2025 H-2A Adverse Effect Wage Rates (AEWRs) for non-range occupations for field and livestock workers to be effective on either Dec. 16, 2024, or Jan. 1,...more
Late last month, a federal judge in Georgia blocked the U.S. Department of Labor from enforcing its “Farmworker Protection Rule,” also known as the “Improving Protections for Workers in Temporary Agricultural Employment in...more
The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District...more
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
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
Seventeen states joined in a suit in June to block the Department of Labor (DOL) from enforcing its new rule providing more protections to farmworkers employed as H-2A temporary visa holders. Now, Judge Lisa Godbey Wood of...more
A federal judge in Georgia just blocked the Department of Labor’s “Farmworker Protection Rule” for employers in 17 states, providing a measure of relief for many agricultural employers but throwing many others into a state of...more
Want to know more about the 2025 H-2A Visa Program? Besides reading the below deep dive, you can register for our September 10 webinar, where we'll discuss the 2025 process, employer obligations and compliance requirements,...more
The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking...more
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
California employers in the agriculture industry are facing challenges this spring after two major developments last month. First, new rules took effect requiring employers to provide a special written notice to H-2A...more
Since 2011, the Wage Theft Prevention Act has required California employers to provide certain written information to new employees at the time of hiring and within seven days of any change. The Labor Commissioner provides a...more
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
The H-2A program plays a significant role in supporting the agricultural industry in the United States, including North Carolina. The program is instrumental because domestic labor often falls short in meeting the demands for...more
Our Agricultural Legislative & Public Policy Team examines another pair of proposed rules that would reform the H-2A program....more
The U.S. Department of Labor (DOL) has announced that it is working to update and improve the protections available to H-2A workers. The proposed changes would include both worker protection measures and compliance and...more
On the heels of the new rule for the H-2A program impacting nonimmigrant agricultural workers that took effect late last year, the Department of Labor recently published a follow-up rule introducing the methodology that...more
Our Agricultural Legislative & Public Policy Team analyzes the Department of Agriculture’s announcement that it will pilot a program to provide grants to H-2A employers and suggests how employers can help shape the terms of...more
It’s hard to believe, but it is already time to start planning for your labor needs for Spring 2023. As we know, finding, hiring, developing, and retaining adequate labor resources are some of the most vexing challenges for...more