On June 20, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced it is suspending enforcement of the 2024 Farmworker Protection Rule (FWPR), effective immediately.

This suspension is welcome news for H-2A employers, who have been navigating significant legal uncertainty since the FWPR’s implementation. The 2024 rule introduced expansive new requirements related to:

• Worker housing access and occupancy;
• Progressive discipline standards;
• Disclosure of wage rates and job terms; and
• Protections for union activity and concerted action.

Multiple federal court injunctions had already blocked portions of the rule, leaving agricultural employers uncertain about which standards to follow. The WHD’s new guidance brings clarity and consistency by formally pausing enforcement and instructing its staff to:

• Discontinue all enforcement activities related to the 2024 Final Rule;
• Revert to the prior H-2A regulations that were in effect as of June 27, 2024; and
• Refer case-specific questions to the DOL National Office for guidance.

This pause in enforcement will remain in place until further notice, while litigation proceeds and the Department evaluates whether additional rulemaking is warranted.

Western Growers will continue monitoring developments and will notify members if further guidance or regulatory changes are issued.

For questions about how this affects your operation, please contact the Western Growers H-2A Services Team.