U.S. Department of Labor Enacts New Rule to Enhance Worker Protections in Agriculture

The U.S. Department of Labor (DOL) is set to implement a new final rule on June 28, as part of its ongoing commitment to enhancing worker protections. This rule focuses on the agricultural sector, targets both U.S. and H-2A temporary agricultural workers and strengthens enforcement measures to ensure compliance.

How does this new rule boost worker protections?

1. Strengthened Worker Advocacy and Voice: The rule alters 29 CFR § 655.135, expanding protections for workers who call for better conditions. It explicitly safeguards activities like self-organization and mutual aid related to working conditions. Also, agricultural workers can now choose representatives to negotiate with employers, enhancing their voice without fear of intimidation or retaliation.
   
   
2. Redefinition of Termination Protocols: Addressing the norm of "at-will" employment, the rule introduces a new, stricter definition of "termination for cause" under 29 CFR § 655.122(n). Employers must meet five criteria to justify terminations, making it harder to fire workers without substantial reason. This change reflects a broader shift in legal perspectives on employer discrimination and disciplinary actions.
   
   
3. Immediate Implementation of Wage Updates: The rule mandates any changes to the Adverse Effect Wage Rate (AEWR) are effective immediately upon their announcement in the Federal Register. If an AEWR adjustment occurs mid-pay period, employers must compensate workers retroactively from the update's publication date.
   
   
4. Increased Transparency in Foreign Labor Recruitment: Similar to the H-2B program, new regulations (29 CFR § 655.137 and § 655.135(p)) require agricultural employers to disclose comprehensive details about their recruitment of foreign workers, including the identities and locations of recruiters and agents. This ensures better protection against exploitation and maintains the integrity of the recruitment process.
   
   
5. Enhanced Disclosure of Job Terms: The rule requires detailed disclosure of employment terms such as minimum productivity standards, applicable wage rates, and overtime opportunities (29 CFR § 655.122(l)). This aims to provide workers with clear expectations of their employment conditions and safeguard their rights.
   
   
6. Additional Worker Protections and Employer Responsibilities:
• Notices for Delayed Work Start: Employers must inform the state workforce agency about any changes to job start dates due to unforeseen circumstances, limiting such delays to 14 days (29 CFR § 655.175).
• Transportation Safety Enhancements: All employer-provided transportation must comply with U.S. Department of Transportation Federal Motor Vehicle Safety Standards, ensuring that all passengers and drivers use seat belts.
• Prohibition on Document Withholding: New regulations forbid employers from retaining workers' passports or other identification documents (29 CFR § 655.135(o)), protecting workers from coercive practices.
  
  
7. Regulations for Agribusiness Entities: The rule introduces a "single employer" definition to address times where multiple agricultural businesses operate as a single entity for H-2A certification. This aims to prevent manipulations of the certification process and ensure that seasonal labor needs are genuinely temporary.

By enacting these changes, the DOL reinforces its dedication to safeguarding agricultural workers and enhancing the transparency and fairness of agricultural employment practices. Employers in the agricultural sector should prepare for these changes to ensure compliance when the final rule becomes effective in 2024.

Please contact Brandon Davis or any member of the Phelps Agribusiness team if you have questions or need advice or guidance.