United States | DOL rescinds interagency regulations coordinating farmworker policy enforcement efforts

Today, the U.S. Department of Labor (DOL) issued a final rule rescinding 29 CFR Part 42, the regulations that established formal procedures for coordination among the Wage and Hour Division (WHD), Occupational Safety and Health Administration (OSHA) and Employment and Training Administration (ETA) in enforcing labor protections for migrant and seasonal farmworkers.

Key takeaways:

Agency coordination regulations declared “outdated.” DOL concluded that the regulations are outdated, no longer reflect the agency’s organizational structure or enforcement practices and are unnecessary given the department’s current coordination mechanisms.

Final rule eliminates formal agency coordination requirements. The final rule removes 29 CFR Part 42 in its entirety, eliminating formal requirements for national and regional farm labor coordinated enforcement committees, designated agency contacts, coordination plans and related meeting obligations.

Existing mechanisms relied upon to coordinate efforts. According to DOL, WHD, OSHA and ETA will continue coordinating enforcement and outreach activities through existing mechanisms such as interagency working groups, task forces, joint initiatives, referrals and stakeholder engagement efforts.

Rescission will not alter farmworker protections. According to the final rule, the rescission does not alter protections for migrant and seasonal farmworkers, stating, “Department notes that the need for coordinated migrant farmworker labor law enforcement for the protective statutes has not changed and continues to be a priority for the Department. To that end, the Department currently takes numerous steps to ensure that the coordinated enforcement efforts of OSHA, ETA, and WHD address the employment-related problems faced by migrant farmworkers, are coordinated to maximize their effectiveness and minimize unnecessary duplication, and assure that employers of migrant farmworkers are complying with the laws that the Department enforces.”

The final rule is effective Sept. 30, 2026.

Additional information: Employers utilizing agricultural workers, including H-2A workers, should be aware that the rule concerns DOL’s internal enforcement coordination procedures rather than substantive employment eligibility, wage, housing, transportation or worker protection requirements. DOL has indicated that enforcement coordination and oversight of agricultural labor programs will continue through existing operational mechanisms following the rescission of Part 42.

Employers needing guidance regarding recent regulatory updates impacting their H-2A workforce should contact BAL experts here.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2026 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.