Farm groups react to DOL H-2A final rule suspension

Produce and farm industry grower groups are responding to the U.S. Department of Labor’s (DOL) suspending enforcement of a farmworker protection rule.

On June 20, the DOL’s Wage and Hour Division suspended the “Improving Protections for Workers in Temporary Agricultural Employment in the United States” rule. Components of the rule, which extended protections to H-2A workers who organize to form labor unions, had been enjoined nationwide since December 2024.

DOL cited “significant legal uncertainty, inconsistency and operational challenges for farmers lawfully employing H-2A workers.”

On June 23, the Florida Fruit & Vegetable Association (FFVA) issued a statement on DOL’s suspension of the 2024 H-2A Final Rule.

 

“Last week, the U.S. Department of Labor (DOL) announced it is suspending enforcement of the 2024 farmworker rule,” the Maitland, Florida-based FFVA said in the statement. “Since this rule was initially proposed, we have legally challenged its constitutionality, expressing concern with certain provisions that circumvented U.S. Supreme Court decisions and exceeded the U.S. Department of Labor’s authority. In fact, those provisions were quickly blocked by federal courts for this very reason.

“The challenges facing today’s farmers are many, but the issue that continues to top the list is labor. FFVA has long been vocal about the meaningful changes needed to the H-2A program to ensure a stable, legal workforce for the agriculture industry. We are grateful to Secretary Chavez-DeRemer and the administration for providing needed clarity on this rule and working to support the sustainability of an industry that helps feed, clothe and fuel the nation.”

Calling the rule “burdensome,” the American Farm Bureau Federation (AFBF) commended the suspension.

The Farmworker Protection Act “failed to live up to its name” and was initially struck down by a district court, Zippy Duvall, AFBF president, said in a news release.

“Farm Bureau thanks Secretary Lori Chavez-DeRemer and the Trump administration for recognizing the obstacles created by this complex rule, which pit workers against their employers,” Duvall said in the release. “Farmers value the men and women who choose to work on their farms, so they don’t take lightly the responsibility to care for them. Our laws rightly penalize bad actors, but this rule assumed all employers are guilty until proven innocent.

AFBF noted how it lobbied to change the rule.

“We pressed the administration to recognize the impact overreaching regulations have on farm viability and see this as a step in the right direction,” Duvall said in the release. “We urge Congress to now follow the lead of the courts, which agreed with AFBF, and the administration by rescinding the rule altogether. Farmers need workable programs that ensure they can continue to provide jobs and put food on the table for America’s families.”

The Labor Department said it will not be enforcing the rule effective immediately. The move does not change existing regulations or limit the division’s authority to enforce H-2A requirements put into place before the 2024 final rule, according to a news release.

In December, a preliminary injunction issued by the U.S. District Court for the Southern District of Mississippi enjoined components of the rule nationwide. Previous rulings in Georgia and Kentucky had stayed the rule in 21 states which had filed suit, along with members of five agricultural associations.