The U.S. Department of Labor (DOL) issued new rules for hiring H-2A workers, tightening housing and food standards to better protect agricultural workers. The new rules also update the H-2A application and temporary labor certification process. The final rule was published in the Federal Register on Oct. 12. and will become effective on Nov. 14.
“The department reiterates in the rule that it does not have the legal authority to allow H-2A workers to be hired for year-round labor,” says National Cattlemen’s Beef Association Executive Director of Governmental Affairs Allison Rivera. “H-2A workers are restricted to seasonal jobs.”
“The H-2A program allows employers to address temporary labor needs by employing foreign agricultural workers when there are not sufficient workers who are able, willing, qualified and available, and when doing so, will not adversely affect the wages and working conditions of workers similarly employed in the U.S.,” according to the DOL.
Final rule details
There has been an increase in wage violations of H-2A regulations over the past five years, according to the DOL.
“In 2021, the Wage and Hour Division found H-2A violations in 358 cases and collected more than $5.8 million in back wages for more than 7,000 workers,” the DOL continues.
“By improving H-2A program regulations, we are strengthening worker protections and meeting our core mission,” says Secretary of Labor Marty Walsh. “This new rule makes several improvements to enhance the integrity...
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