The U.S. Department of Labor has released the “Improving Protections for Workers in Temporary Agricultural Employment in the United States” final rule, effective June 28, 2024. This rule seeks to enhance protections for temporary agricultural workers in the H-2A program by introducing several changes that will impact H-2A employers. Below is a summary of some of the key changes. 

1. Worker Empowerment and Advocacy: Workers can now advocate for better working conditions, and there are expanded anti-retaliation protections. 
2. Employer Accountability: Greater employer accountability regarding the recruitment process and transportation safety, including mandatory seat belts in vehicles. 
3. Increased Transparency: Employers must disclose detailed information about recruitment chains and provide updates on any delays in work start dates. Requirements for transparency in job opportunities and worker terminations are also covered. 
4. Immediate Wage Adjustments: Employers must adjust wages to the latest Adverse Effect Wage Rates (AEWRs) immediately after they are published, ending the current 14-day grace period for wage rate changes. 
5. Guest Rights in Housing: Workers can invite guests to their employer-furnished housing outside of work hours. However, the proposal allowing labor organization access has been withdrawn after significant concerns raised by Western Growers and other commenters. 
6. New Disclosures: Employers must disclose recruitment agreements and identity details of persons involved in the hiring process. This information must be kept current and available for audits. 
7. Regulation Updates: Revisions to Employment Service regulations to prevent employers deemed noncompliant by the Employment Service from accessing these services. 
8. Termination Protections: New rules set out the conditions under which a worker can be terminated “for cause.” 
9. Compulsory Seatbelt Usage: Implementation of a rule requiring the use of seat belts by agricultural workers during transport. 
10.  New Provisions for Delayed Work Starts: If work start is delayed, employers must notify workers and provide compensation for up to 14 days or offer alternative work. 
11.  Prohibitions on Document Withholding: Clear prohibitions against employers taking or keeping workers’ travel documents without consent. 
12.  Single Employer Test: Introduction of a test to determine if entities are considered a single employer based on management, operations, labor relations, and financial control criteria. 

The association is reviewing these provisions in detail and will provide further updates.