The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District...more
The Department of Labor (DOL) has decided to delay updating its Foreign Labor Application Gateway, or FLAG, case processing system to implement revised H-2A job order and application forms for the new 2024 Farmworkers...more
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
Seventeen states joined in a suit in June to block the Department of Labor (DOL) from enforcing its new rule providing more protections to farmworkers employed as H-2A temporary visa holders. Now, Judge Lisa Godbey Wood of...more
A federal judge in Georgia just blocked the Department of Labor’s “Farmworker Protection Rule” for employers in 17 states, providing a measure of relief for many agricultural employers but throwing many others into a state of...more
One of the most pressing issues facing seasonal businesses continues to be labor – specifically how to secure reliable employees to fill seasonal and permanent needs. Advertising does not always work and if you are lucky...more
Want to know more about the 2025 H-2A Visa Program? Besides reading the below deep dive, you can register for our September 10 webinar, where we'll discuss the 2025 process, employer obligations and compliance requirements,...more
The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking...more
The U.S. Department of Labor recently published its Final Rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States.” The Department of Labor first announced proposed regulatory...more
The U.S. Department of Labor just released a final rule that will expand employment protections for farmworkers in the H-2A visa program and enhance the agency’s capabilities to monitor and enforce program compliance. The DOL...more
California employers in the agriculture industry are facing challenges this spring after two major developments last month. First, new rules took effect requiring employers to provide a special written notice to H-2A...more
The Washington State Legislature’s 2024 legislative session adjourned on March 7, 2024, concluding a busy sixty-day period that saw lawmakers introduce almost 1,200 bills—on education, public safety, taxes, housing, the Lunar...more
The Washington state legislature and certain localities recently passed several bills affecting employers, some of which have already been signed into law. These measures address non-compete agreements, mandatory...more
There has recently been a flurry of new Federal Register notices issued by U. S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor (USDOL) relating to fees and reimbursements for a myriad of visa...more
The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases...more
For years now, California law has required most employers to provide a Wage Theft Prevention Notice (aka Wage Theft Notice) to nonexempt employees, and the Labor Commissioner has provided an optional template for purposes of...more
Since 2011, the Wage Theft Prevention Act has required California employers to provide certain written information to new employees at the time of hiring and within seven days of any change. The Labor Commissioner provides a...more
In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program. The H-2A visa program allows employers to hire foreign nationals to engage...more
In the spirit of the season, the U.S. Department of Homeland Security has given the H-2B community some news for which to be thankful. The first is an announcement updating the Eligible Countries List...more
The H-2A program plays a significant role in supporting the agricultural industry in the United States, including North Carolina. The program is instrumental because domestic labor often falls short in meeting the demands for...more
Our Agricultural Legislative & Public Policy Team examines another pair of proposed rules that would reform the H-2A program....more
Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more
On the heels of the U.S. Department of Labor’s announcing plans to revise its H-2A program, the U.S. Department of Homeland Security (DHS) is proposing amendments to its H-2A and H-2B regulations. The proposed changes would...more
The U.S. Department of Labor (DOL) has announced that it is working to update and improve the protections available to H-2A workers. The proposed changes would include both worker protection measures and compliance and...more
Employers seeking to hire a non-US worker on a permanent basis are generally required to undertake a lengthy, complex sponsorship process involving both the Department of Labor (“DOL”) and the United States Citizenship and...more