H-2A AEWR Update: US Dept of Labor Suspends Enforcement of 2024 Farmworker Rule

US Department of Labor Suspends Enforcement of 2024 Farmworker Rule The US Department of Labor issued the following news release (emphasis added):

US Department of Labor issues new guidance to provide clarity for farmers on H-2A worker regulations

WASHINGTON – The U.S. Department of Labor’s Wage and Hour Division today announced it is suspending enforcement of the Biden Administration’s burdensome 2024 farmworker rule. The decision provides much-needed clarity for American farmers navigating the H-2A program, while also aligning with President Trump’s ongoing commitment to strictly enforcing U.S. immigration laws.

As multiple federal court injunctions have created significant legal uncertainty, inconsistency, and operational challenges for farmers lawfully employing H-2A workers, this field assistance bulletin clarifies that the department will not be enforcing the 2024 final rule effective immediately – providing critical predictability for agricultural employers as litigation continues and as the department considers further regulatory action.

The rule’s implementation had already been suspended by the department because of federal injunctions. This guidance does not change existing regulations or limit the Wage and Hour Division’s authority to enforce H-2A requirements put in place prior to the 2024 final rule. It supersedes any contrary or conflicting guidance to field staff but does not create legally enforceable obligations or alter any statutory or regulatory requirements, ensuring full enforcement of U.S. immigration laws.

For additional guidance beyond the field assistance bulletin, workers and employers can contact the Wage and Hour Division at its toll-free helpline, 866-4US-WAGE (487-9243).

H-2A AEWR (Adverse Effect Wage Rate) Update:
NOTE: DOL’s suspension of enforcement of the 2024 rule does NOT change other prior H-2A regulations, including the 2023 bifurcation of AEWRs for H-2A employees and workers in corresponding employment. As a reminder, the US DOL made significant changes to how H-2A AEWRs are calculated and applied for certain occupations (job duties like shuttle drivers or supervisors) in February 2023. These changes apply to both to H-2A guestworkers and workers in corresponding employment (which now may include both domestic and/or H-2A guestworkers, depending on the specific job duties and job order). DOL has not yet released the H-2A AEWRs for these positions, which generally have an effective date around July 1. However, the May 2024 BLS survey that has been the basis for these rates is available and be found CLICK HERE for California. This year it appears to be titled “Hourly Mean Wage” and is the fourth column over. For the DOL AEWR homepage CLICK HERE We will provide additional information once the H-2A AEWRs have officially been released.

Source: Grower Shipper Association of SB & SLO Counties