The U.S. Department of Labor (DOL) has introduced a proposal for new H-2A rules intended to improve overall conditions for workers. A notice of proposed rulemaking (NPRM) has been made for Improving Protections for Workers in Temporary Agricultural Employment in the United States. The NPRM will be open for public comment for 60 days after publication in the Federal Register.
One significant aspect of the proposed rule focuses on new protection for worker self-advocacy. The rule aims to empower workers to advocate for improved working conditions by strengthening anti-retaliation protections. It grants workers the ability to invite guests, including labor organizations, to employer-provided housing. Furthermore, employers are required to be transparent about their stance on workers’ right to organize. Another essential element of the proposal revolves around clarifying “for cause” termination in defining conditions under which a termination is considered “for cause.”
In addressing concerns related to Transparent Recruitment, the rule imposes requirements to protect workers from predatory practices during the recruitment process. Employers are obligated to share all agreements with agents or recruiters, irrespective of their location. Additionally, employers must disclose the identities of individuals soliciting H-2A workers on their behalf.
In addressing concerns related to recruitment, the rule would impose requirements to protect workers from predatory practices during the recruitment process. Employers are obligated to share all agreements with agents or recruiters, irrespective of their location. Additionally, employers must disclose the identities of individuals soliciting H-2A workers on their behalf.
The proposed H-2A rules would also make changes to wage rates in an effort to make them more predictable. The rule would apply new wage rates immediately upon publication, eliminating the delays that have been a concern. Employers would also be required to compensate workers for delays in start dates. Additionally, the proposal seeks to improve workers’ access to safe transportation and enhance overall enforcement of established protocols.
The public is invited to provide comments on the proposal through 11:59 p.m. ET on November 14, 2023.
Brian German
Ag News Director / AgNet West