Dec 6, 2024

Court halts parts of new H-2A labor rule

The U.S. District Court for the Southern District of Mississippi has paused enforcement of certain provisions in the Department of Labor’s amended H-2A Farmworker Protection Rule, following a lawsuit filed by AmericanHort and co-plaintiffs.

The ruling temporarily blocks elements of the rule that critics claim overstep statutory authority and impose burdens on agricultural employers. These provisions include changes related to labor organization and workers’ rights, which growers argue disrupt operations.

“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.

The H-2A visa program provides essential seasonal labor for greenhouse growers and other agricultural businesses. The court’s stay allows employers to use preexisting application procedures through the Foreign Labor Application Gateway system, effective Nov. 27.

The Department of Labor has yet to announce further steps but may respond in early 2025. AmericanHort has called for the agency to withdraw the rule, citing complications in managing a dual-application process for H-2A certifications.

Growers are advised to monitor updates as the regulatory and legal landscape evolves. Additional guidance is expected from the Department of Labor.

AmericanHort will continue to provide updates on these matters as they unfold. If you have any questions, please contact us at Hello@AmericanHort.org or 614-487-1117.