United States | OFLC delays implementation of elements of Farmworker Protection Rule

The Office of Foreign Labor Certification (OFLC) within the Department of Labor announced it would delay implementing revised H-2A job order and application forms associated with the Farmworker Protection Rule until further notice.

Key Points:

• The U.S. District Court for the Southern District of Georgia issued a preliminary injunction in the case Kansas, et al. vs. U.S. Department of Labor on Aug. 26, preventing DOL from enforcing the Farmworker Protection Rule in certain states.
• Affected states include Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas and Virginia.
• The injunction also includes Miles Berry Farm and members of the Georgia Fruit and Vegetable Growers Association.
• DOL is reviewing the court order and assessing options to comply with it.
• OFLC has delayed updating the FLAG system to implement revised H-2A job order and application forms associated with the Farmworker Protection Rule, originally scheduled to begin on Aug. 28, until further notice.

Additional Information: The Farmworker Protection Rule is a final rule published by DOL in June intended to strengthen protections for temporary nonimmigrant agricultural workers, enhance the department’s capabilities to monitor program compliance and take necessary enforcement actions against program violators.