New DOL Tools for Agricultural Employers Address Workplace Housing, Transportation, and H-2A Rule Changes

To help agricultural employers who rely on the H-2A guest labor program, the Department of Labor (DOL) Division of Immigration, Farm Labor, and Trade recently published new guidance. These checklists are designed to simplify labor compliance for agricultural employers, contractors and others applying to the DOL for certification to hire foreign labor and help them meet DOL standards when employing these workers.

These checklists come at a pivotal moment as the DOL has recently made significant changes to its regulations. On March 30, the government revised how wages are calculated for certain agricultural employees in transportation, supervisory and construction roles. By Sept. 15, the DOL proposed comprehensive rule changes to enhance protections for temporary agricultural workers, including a proposal to provide whistleblower protections. Five days later, on Sept. 20, the Department of Homeland Security also proposed changes to the regulations governing H-2A and H-2B programs, focusing on modernization, employer oversight and worker protections.

For employers who rely on guest labor in the agricultural space, securing DOL labor certification efficiently is crucial, especially considering the industry’s seasonal demand fluctuations. These checklists can help agricultural employers and human resources stakeholders streamline the DOL’s labor certification process, and they are a must for employers aiming to staff while also ensuring agricultural labor compliance.

The checklists cover housing requirements under the Migrant and Seasonal Agricultural Worker Protection Act, OSHA housing and transportation safety standards, and H-2A Temporary Labor Certification guidelines. They offer added guidance on recruitment, job offers, non-retaliation rules, and compliance with insurance obligations.

If used consistently and properly, these new DOL guidance checklists are indispensable tools for businesses in agriculture that must adapt to the rapidly and significantly changing regulatory landscape. Please contact Brandon Davis or any member of Phelps’ Immigration team with any questions or for compliance advice and guidance.