The Department of Labor finalized a new rule for agricultural workers in the U.S. under the H-2A visa program, which will take effect on June 28. This rule enhances protections for these workers, allowing them to participate in labor organization activities without fear of retaliation from employers. Although the rule does not compel employers to recognize labor organizations or engage in collective bargaining, it does require them to provide no-cost housing and daily transportation.
Significantly, the rule introduces the ability for workers to invite or accept guests in the housing provided by their employers, deviating from previous restrictions. Additionally, it specifies conditions under which a worker can be dismissed for cause, ensuring workers are aware of relevant policies. The rule also demands greater transparency from employers in the recruitment process, particularly concerning the disclosure of information about recruitment agents.
Another safety improvement is the new requirement for seatbelts in buses and vans used to transport workers. Applications for the H-2A program submitted before Aug. 28 will be processed under the existing rules, while those filed on or after Aug. 29 will fall under the new regulations. This upcoming change may prompt a surge in applications prior to the new rule’s enforcement to avoid the new requirements.
