Judge Blocks Rule Allowing H-2A Workers to Unionize in 17 States

The decision was made by U.S. District Judge Lisa Godbey Wood, who found the rule unconstitutional because it conflicted with the National Labor Relations Act (NLRA) by granting collective bargaining rights to farmworkers.

Farm workers plant Novavine drought-resistant grapevines in Woodland
An aerial view of farm workers planting Novavine drought-resistant grapevines at a farm in Woodland, California, U.S. April 25, 2022. Picture taken with a drone.
(REUTERS/Fred Greaves)

A ruling by a federal judge has blocked the enforcement of a U.S. Dept. of Labor (DOL) rule designed to protect H-2A farmworkers from retaliation related to union organizing in 17 states.

The decision was made by U.S. District Judge Lisa Godbey Wood, who found the rule unconstitutional because it conflicted with the National Labor Relations Act (NLRA) by granting collective bargaining rights to farmworkers, a right that Congress has not legislated for under the H-2A program.

The blocked rule was part of a broader effort by the DOL to enhance protections for farmworkers under the H-2A visa program. This program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs. The rule aimed to prevent employers from retaliating against workers who engage in activities related to self-organization or other concerted activities concerning wages or working conditions.

Judge Wood’s ruling specifically restricts the enforcement of this rule in the states that were part of the lawsuit, which include Florida, Georgia, South Carolina, Louisiana, Arkansas, Kansas, Idaho, Indiana, Iowa, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, and Virginia. The judge argued that the DOL overstepped its authority by creating rights not granted by Congress, effectively acting beyond its constitutional powers.

Bottom line:
The ruling affects agricultural employers’ compliance costs by potentially reducing the immediate financial and administrative burdens associated with the blocked provisions. While the ruling alleviates some immediate compliance burdens, agricultural employers must still navigate the complexities of the H-2A program.

AgWeb-Logo crop
Related Stories
Though fire reduced her grandparent’s milking parlor to rubble, the tragedy only strengthened Makenna Skiff’s resolve to rebuild and carry on the dairy legacy her grandparents started more than 50 years ago.
From 1776 homesteads to the modern dairy of 2026, discover how 250 years of American dairy innovation have transformed the family farm into a global leader in nutrition.
Jordy was more than a pet; he was a partner, coworker and the steady soul of our farm for 10 years. We honor the legacy of a dog who lived for the work and loved us through every season.
Read Next
A two-pass boron strategy at bloom and pod set shows consistent yield payoffs across the Corn Belt, though agronomists warn the line between benefit and toxicity can be narrow.
Get News Daily
Get Market Alerts
Get News & Markets App