COLUMBUS, OH – (December 4, 2024) AmericanHort and co-plaintiffs recently filed suit against the Department of Labor (DOL) to stop the implementation of a new H-2A Farmworker Protection Rule. The U.S. District Court for the Southern District of Mississippi has issued a stay on portions of the DOL’s amended H-2A visa program regulations. We are pleased with this ruling as an important step toward preserving the stability of the agricultural sector and upholding a balanced regulatory framework.
AmericanHort, on behalf of our members and the industry, argued the rule overstepped the DOL’s statutory authority and violated constitutional protections, imposing significant burdens on agricultural employers and disrupting the farming industry. The court’s decision halts enforcement of specific provisions related to labor organization and rights, providing a crucial reprieve to farmers who rely on the H-2A program for seasonal labor.
The Department of Labor has not indicated what their eventual reply may be, which could include proceeding with the case in early 2025. Given the stay in our case, and similar rulings in other cases challenging the DOL rule, we have asked that they withdraw the rule completely.
The DOL’s roll out of this rule and subsequent legal challenges has resulted in a “dual-track” filing process for H-2A applications which is nearly impossible to maintain. We believe the only viable option would be for the agency to withdraw the rule entirely.
In the interim, the DOL will issue additional information and guidance on its ongoing compliance and implementation of these orders as soon as possible. Until additional guidance is published, as of November 27, 2024, employers (or an employer’s authorized attorney or agent) will be directed to the Foreign Labor Application Gateway (FLAG) System to prepare and submit H-2A job orders and Applications for Temporary Employment Certification using the version in effect June 27, 2024. Please contact your Farm Labor Contractor or stay tuned to AmericanHort communications for more updates.
AmericanHort members can be proud of the Association’s challenge to this regulatory overreach by the Department of Labor and the stay issued by The U.S. District Court for the Southern District of Mississippi. “AmericanHort and our members are encouraged by the recent ruling, which highlights the undue burden this rule imposes on growers and farmers,” said Ken Fisher, AmericanHort President and CEO. “We strongly believe that the DOL should reconsider and withdraw this rule in alignment with the court’s findings.”
Membership in AmericanHort supports an important advocacy capability to defend and enhance our industry. Click here for a comprehensive FAQ guide on the H-2A visa program, prepared by AmericanHort in collaboration with JPH Law counsel.
AmericanHort will continue to provide updates on these matters as they unfold. If you have any questions, please contact AmericanHort at Hello@AmericanHort.org or 614-487-1117.