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DOL Proposes Reversal of 2024 H-2A Worker Protection Rule

  • Writer: Meagan Kirchner
    Meagan Kirchner
  • Jun 30
  • 1 min read

The U.S. Department of Labor has proposed rescinding key provisions of its 2024 H-2A Final Rule, which aimed to strengthen protections for temporary agricultural workers. The agency has already paused enforcement and now plans a full rollback, citing legal challenges and concerns about regulatory overreach.


The 2024 rule introduced new requirements for employers using the H-2A visa program, including:


  • NLRA-style protections for H-2A workers, such as the right to engage in self-organization and consult legal advocates.

  • A requirement that employer-provided vehicles be equipped with seatbelts and that workers wear them.

  • Expanded authority for state agencies to deny access to the H-2A program without a hearing.

  • Mandatory progressive discipline policies and stricter documentation for termination “for cause.”

  • More aggressive data collection on business owners, recruiters, and supervisors.


Several federal courts found parts of the rule to be unlawful or unconstitutional, particularly those that conflicted with existing labor laws or property rights. The DOL now proposes rolling back the rule entirely, asserting it imposed unnecessary burdens without clear statutory authority.


For H-2A employers, this proposed rescission—if finalized—would simplify compliance, reduce administrative costs, and restore prior standards. Public comments are open for 60 days after publication in the Federal Register.


See the proposal here.


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