10/06/2022 | Press release | Distributed by Public on 10/06/2022 07:45
The H-2A program allows employers to address temporary labor needs by employing foreign agricultural workers when there are not sufficient workers who are able, willing, qualified, and available, and when doing so will not adversely affect the wages and working conditions of workers similarly employed in the U.S.
After the department proposed changes to the H-2A program's regulations in a Notice of Proposed Rulemaking in July 2019, employers, employer associations, agents, business advocacy groups, state agencies, federal and state elected officials, worker advocates, labor unions, public policy and academic organizations, farmworkers and others submitted tens of thousands of comments. After considering them, the department will publish the final rule, which becomes effective on Nov. 14,2022.
"By improving H-2A program regulations, we are strengthening worker protections, meeting our core mission," said Secretary of Labor Marty Walsh. "Today's new rule makes several improvements to enhance the integrity of the H-2A program and provide employers and other stakeholders greater clarity."
The new rule includes the following important elements:
The changes in the final rule will also support the enforcement capabilities of the department's Wage and Hour Divisionto address H-2A program fraud and abuse that undermines workers' rights and hurts law-abiding employers.
Read the unpublished final rule to amend H-2A temporary labor certification regulationsat the Federal Register.
Throughout the U.S., Wage and Hour Division violations of H-2A regulations and recovery of back wages have increased significantly over the past five years. In 2021, the Wage and Hour Division found H-2A violations in 358 cases and collected more than $5.8 million in back wages for more than 7,000 workers.
For more information about H-2A rulesand other worker protections enforced by the Wage and Hour Division, contact its toll-free helpline at 866-4US-WAGE (866-487-9243). Calls can be answered in over 200 languages.
Use the convenient search tool if you think you may be owed back wages collected by the division.
Download the agency's new Timesheet App, now available for android devices,to ensure hours and pay are accurate.