Temperatures are rising, and farmers across the country are preparing for a new season of agricultural activity. While a fresh season often brings new developments, in farm labor news, the latest developments seem to center around the same hot topic – the H-2A visa program.  

Department of Labor Issues Final Rule Regarding H-2A Farm Labor Program

The Department of Labor (DOL) issued a new, lengthy workforce rule targeting agricultural employers, specifically those who utilize the H-2A visa program. 

According to the DOL, the rule “strengthens protections for farmworkers.” 

Effective June 28, 2024, the new regulations are laid out in over 600 pages, and a few of the expanded worker protections include:

• Worker self-advocacy protections
• Allows workers to invite guests – including labor organizations – to employer-provided housing
• Expanded transportation and safety measures, including seat belt regulations in employer-provided vehicles
• Increases requirements from employers to prove “for cause” termination
• Mandates same-day implementation of any Adverse Effect Wage Rate (AEWR) change – eliminating the traditional two-week “grace period” for these changes. 
• Requires employers who use different payment methods, such as piece rate and hourly, to list all potential wage rates on job orders and recruitment advertising and then pay the highest of each method throughout the season.

Advocates for agricultural employers argue that these and the many other changes to the final rule will increase the cost and complexity of an already costly and complex farm labor program. While the new regulations aim to protect farmworkers, making the H-2A program impossible to navigate for farmers could have the opposite effect on the workers it seeks to protect. 

With technological adoption and the use of artificial intelligence on the rise, farmers could seek alternative methods of farm labor to avoid the hassle of burdensome H-2A visa regulations. 

American Farm Bureau Federation President Zippy Duvall had the following to say about the update to the final rule and the DOL’s track record:

“Farmers appreciate the men and women who work on their farms, and we don’t take lightly the responsibility to ensure their safety and protection. We wholeheartedly support clamping down on labor abuses, but this rule instead assumes all farmers are guilty until proven innocent and that’s not right.” 

The addition of these 600 pages means that the Department of Labor has issued an astonishing 3,000 pages of new regulations in just 18 months, which farmers are expected to navigate on top of running their farming businesses and managing their labor, which Duvall declared “Impossible.” 

He added, “In truth, the workers most supported by DOL are the lawyers needed to interpret the tsunami of new rules that keep moving the goalposts for farmers.”

The Farm Bureau and other agricultural industry groups anticipate increased litigation alleging program violations. Farmers utilizing H-2A labor are encouraged to speak to a trusted legal professional to prepare for the upcoming changes. 

Other measures farmers can take to protect themselves are to effectively manage their H-2A employees’ time and labor using farm labor management software. FieldClock’s farm labor management solution allows farmers to know, in real-time, how much they are spending on labor and make decisions accordingly. 

Additionally, the use of our farm labor management software allows farmers to immediately implement same-day wage adjustments to remain compliant with AEWR changes and avoid potential violations of the new rule. Within the FieldClock app, farmers have the ability to create new Wage Programs that can be applied to specific tasks and/or workers.

With a comprehensive variety of options to choose from, our clients enjoy the ability to customize these wage programs to their exact needs and implement them on the same day to remain compliant and seamlessly adjust to any changing conditions.

For more information about how FieldClock can help you manage your H-2A farm labor, read more about our specific features or book a quick demo today.