The Labor Department’s Wage and Hour Division on Friday announced it is suspending enforcement of the 2024 farmworker rule.
The news release described the Biden administration’s rule as “burdensome” and said “the decision provides much-needed clarity for American farmers navigating the H-2A program, while also aligning with President Trump’s ongoing commitment to strictly enforcing U.S. immigration laws.”
American Farm Bureau Federation President Zippy Duvall said, “Farm Bureau thanks Secretary Lori Chavez-DeRemer and the Trump administration for recognizing the obstacles created by this complex rule, which pits workers against their employers.”
“Farmers value the men and women who choose to work on their farms, so they don’t take lightly the responsibility to care for them,” Duvall said ” Our laws rightly penalize bad actors, but this rule assumed all employers are guilty until proven innocent.”
“We pressed the administration to recognize the impact overreaching regulations have on farm viability and see this as a step in the right direction. We urge Congress to now follow the lead of the courts, which agreed with AFBF, and the administration by rescinding the rule altogether,” Duvall said. “Farmers need workable programs that ensure they can continue to provide jobs and put food on the table for America’s families.”
The International Fresh Produce Association welcomed the decision.
“This is a major victory for farmers across the country who rely on the H-2A program to feed America,” said IFPA CEO Cathy Burns.
“The Department of Labor’s decision to suspend enforcement delivers long-overdue relief and restores confidence for the fresh produce industry. It allows our growers to focus on what they do best, growing and harvesting the fruits and vegetables that nourish families every day. We are grateful for the administration’s efforts to support farmers and farm labor.”
IFPA noted it had challenged the regulation at each stage of the rulemaking process and in October filed a lawsuit with nine co-plaintiffs arguing that it illegally gives temporary agriculture workers collective bargaining rights, restricts the First Amendment rights of farmers who employ H-2A workers, and creates additional onerous burdens for employers and state governments.
“This decision is a powerful win for American agriculture,” said IFPA U.S. Director of Government Relations John Hollay.
“By suspending enforcement of this deeply flawed rule, the Department of Labor has recognized the serious risk it posed to growers across the country, who were being asked to absorb exorbitant fees and restrictions on business operations. This reprieve brings stability to producers who are already navigating labor shortages, inflation and global market pressures.”
The Northwest Horticultural Council told its members, “Our hope is that this is the first step to formal withdrawal of the rule, which will take time to work through the regulatory process.”
The council added, “Please be aware that the provisions relating to how wages are reported on a job order (i.e., that all potential wage rates must be published on the job order, including any prevailing wage rates that may be in place, and that growers are required to always pay the highest wage rate for each crop activity — thereby removing the flexibility of growers to opt to pay piece rate or hourly) may still be in place for Washington growers only due to a judicial order.”
“The NHC is seeking further clarification regarding the continued applicability of these provisions for Washington state growers.”
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