News & Analysis as of

H-2A Agricultural Workers

Jackson Lewis P.C.

How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order

Jackson Lewis P.C. on

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

Jackson Lewis P.C.

DOL: Indefinite Delay in FLAG System Update for New H-2A Farmworker Visa Rule

Jackson Lewis P.C. on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - August 2024 #4

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

Jackson Lewis P.C.

Judge Blocks New DOL H-2A Farmworker Visa Rule in 17 States

Jackson Lewis P.C. on

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

Fisher Phillips

Federal Judge Blocks DOL’s “Farmworker Protection Rule” in 17 States: What Should Agricultural Employers Do Now?

Fisher Phillips on

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

Harris Beach PLLC

The “Modernized” H-2A Program: What Every Agricultural Business Needs to Know for 2025!

Harris Beach PLLC on

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

Fisher Phillips

Agricultural Employers Could Face Less Oversight, More Uncertainty in the Post-Chevron Era: 3 Steps to Success

Fisher Phillips on

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

Fisher Phillips

DOL Finalizes Farmworker Protection Rule: 8 Key Takeaways for H-2A Agricultural Employers

Fisher Phillips on

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

Fisher Phillips

Labor Issues In Full Bloom This Spring for California Agriculture Employers: Here’s What You Need to Know

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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

Ervin Cohen & Jessup LLP

California Amends the Wage Theft Prevention Act to Add Additional Written Notice Requirements for Employees

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

CDF Labor Law LLP

Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement

CDF Labor Law LLP on

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

Cranfill Sumner LLP

The Role of H-2A Workers and Farm Labor Contractors in US Agriculture

Cranfill Sumner LLP on

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

Alston & Bird

Biden Administration Proposes More Changes to the H-2A Program

Alston & Bird on

Our Agricultural Legislative & Public Policy Team examines another pair of proposed rules that would reform the H-2A program....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Proposes Revisions to the H-2A Visa Program

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

Fisher Phillips

Agricultural Employers Learn New Methodology to Calculate Wage Rates: 4 Things You Need to Know

Fisher Phillips on

On the heels of the new rule for the H-2A program impacting nonimmigrant agricultural workers that took effect late last year, the Department of Labor recently published a follow-up rule introducing the methodology that...more

Alston & Bird

Critical Opportunity to Develop Program Terms of H-2A Employer Grants

Alston & Bird on

Our Agricultural Legislative & Public Policy Team analyzes the Department of Agriculture’s announcement that it will pilot a program to provide grants to H-2A employers and suggests how employers can help shape the terms of...more

Harris Beach PLLC

Foreign Labor Options: What Every Struggling Seasonal Business Needs to Know about H-2A, H-2B and Green Cards

Harris Beach PLLC on

It’s hard to believe, but it is already time to start planning for your labor needs for Spring 2023. As we know, finding, hiring, developing, and retaining adequate labor resources are some of the most vexing challenges for...more

Fisher Phillips

Take Note H-2A Employers: Labor Department Proposes New Methodology to Calculate Wage Rates

Fisher Phillips on

The Department of Labor recently announced a proposal to change the methodology of the hourly Adverse Effect Wage Rate (AEWR) for temporary nonimmigrant agricultural workers in the H-2A Program for all occupations other than...more

Alston & Bird

Opportunity for Comment: H-2a Wage Methodology Notice of Proposed Rulemaking

Alston & Bird on

What will the Department of Labor’s new proposal changing the methodology used to set the adverse effect wage rate in the H-2A visa program mean to agricultural employers? Members of our Agricultural Legislative & Public...more

Miller Nash LLP

Finally, a Break! The Ninth Circuit Rules for California Employers on Arbitration Agreements

Miller Nash LLP on

This month, the Ninth Circuit Court of Appeals reversed course and held that the arbitration agreement signed by a H-2A temporary farm worker was valid and enforceable. This decision is instructive for California employers on...more

Fisher Phillips

In a Win for Agricultural Employers, Federal Appeals Court Gives Green Light To H-2A Laborer Arbitration Agreements

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A west coast federal appeals court just opened the door for H-2A employers to enforce arbitration agreements in employment disputes even outside the context of a collective bargaining agreement. The Ninth Circuit Court of...more

Ruder Ware

House Passes Farm Workforce Bill

Ruder Ware on

On Wednesday, the House of Representatives passed the Farm Workforce Modernization Act, easing immigration for agricultural workers....more

Carlton Fields

California Court Finds Arbitration Agreement Invalid and Unenforceable as a Result of Economic Duress and Undue Influence

Carlton Fields on

The plaintiff, an agricultural laborer, brought suit against his employer who, in turn, moved to compel arbitration based on the arbitration agreement in the parties’ employment contract. The plaintiff opposed, successfully...more

Akin Gump Strauss Hauer & Feld LLP

Immigration Policy Updates

Immigration continues to be a topic of discussion in Washington, and the landscape of immigration law may change, if members of Congress and the Administration can agree on bipartisan solutions. Below you will find a summary...more

Fisher Phillips

Federal Appeals Court Expands Joint Employer Liability Theory For Agricultural Employers

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A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more

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