… The Department of Labor today announced a final rule to strengthen protections for farmworkers. The rule targets vulnerability and abuses experienced by workers under the H-2A program that undermine fair labor standards for all farmworkers in the U.S.

The H-2A program allows employers to hire temporary foreign workers when the department determines there is a lack of able, willing and qualified U.S. workers to perform the agricultural labor or services, and that employing temporary labor will not adversely affect the wages and working conditions of similarly employed U.S. workers.

“H-2A workers too frequently face abusive working conditions that undercut all farmworkers in the U.S.,” said Acting Secretary Julie Su. “This rule ensures farmworkers employed through the H-2A program are treated fairly, have a voice in their workplace and are able to perform their work safely. It also promotes employer accountability, benefitting all farmworkers by upholding labor standards. The Biden-Harris administration is committed to being the most pro-worker administration in history, and this rule is a significant milestone in that effort.”

The final rule includes the following:

• Adding new protections for worker self-advocacy…
• Clarifying “for cause” termination…
• Making foreign labor recruitment more transparent…
• Ensuring timely wage changes for H-2A workers…
• Improving transportation safety…
• Preventing labor exploitation and human trafficking…
• Ensuring employer accountability…