DOL Alert on the Implementation of the Worker Protection Rule

DOL posted the following notice:

NEW: On April 29, 2024, the U.S. Department of Labor (Department) published the final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” (“The Worker Protection Rule”). The final rule strengthens protections for temporary agricultural workers by making several changes to H-2A program regulations to bolster the Department's efforts to prevent adverse effect on workers in the U.S. and ensure that H-2A workers are employed only when there are not sufficient able, willing, and qualified U.S. workers available to perform the work. These changes include empowering workers to advocate on behalf of themselves and their coworkers regarding working conditions; improving accountability for employers using the H-2A program; improving transparency and accountability in the foreign labor recruitment process; requiring seat belts in most vehicles used to transport workers; enhancing existing enforcement provisions; improving transparency into the nature of the job opportunity by collecting additional information about owners, operators, managers, and supervisors to better enforce program requirements; clarifying when a termination is "for cause" to protect essential worker rights; and revising provisions and codifying protections that are outdated, unclear, or subject to misinterpretation in the current regulations. The final rule also strengthens protections for temporary agricultural workers when employers fail to properly notify workers that the start date of work is delayed, and clarifies and streamlines procedures to prevent noncompliant employers from using the Employment Service.

The Worker Protection Rule is effective on June 28, 2024, and applies to all H-2A applications submitted on or after 12:00 AM Eastern Daylight Time on August 29, 2024.