DOL Dials Back Protections for Temp Farm Workers
Published Date: 7/2/2025
Proposed Rule
Summary
The Department of Labor is rolling back a new rule that made it harder and more expensive for farmers to hire temporary foreign workers under the H-2A program. This change means fewer strict rules and less paperwork for employers, helping them keep their farms running smoothly without extra costs or delays. The rollback starts soon, making it easier for farmers and workers to get back to business as usual.
Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
Fewer employer rules on discipline
The Department of Labor proposes to rescind requirements that forced employers using the H-2A program to adopt new material terms like progressive discipline policies for cause-based terminations. This change reverses provisions from the Department's April 29, 2024 final rule and reduces a compliance obligation for employers who hire H-2A temporary agricultural workers.
Removal of anti-retaliation protections
The proposed rescission would remove anti-retaliation measures that had applied to certain workers engaged in self-organization and other concerted activities under the April 29, 2024 rule. Workers who had been covered by those anti-retaliation protections under the final rule could lose those protections if the rescission is adopted.
Reversing expanded SWA suspension powers
The Department proposes to rescind provisions that had expanded a State Workforce Agency's (SWA) authority to discontinue employment services to employers and that eliminated employers' option to request a hearing before the SWA's final determination. Rescinding these provisions would reverse the April 29, 2024 changes that could block employers from accessing the H-2A program without a pre-decision hearing.
Cuts back sensitive employer data collection
The proposed rule would rescind the April 29, 2024 requirements that imposed extensive, highly sensitive data collection from employers about foreign labor recruiters and personal details for owners, operators, supervisors, and managers. Employers would face less obligation to provide personal names, foreign addresses, and detailed personal information tied to H-2A employment under the rescission.
Easier, lower-cost H-2A hiring for farms
The Department says the proposed rescission will roll back costly and burdensome requirements from the April 29, 2024 final rule, making it easier and less expensive for farmers to hire temporary foreign workers under the H-2A program. The change aims to reduce paperwork, compliance steps, and delays for employers who rely on H-2A workers.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-10456, Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2026
Good news for businesses and workers: the Department of Labor won’t raise any fines or penalties in 2026 because the usual inflation data wasn’t available. This means all civil penalties stay the same starting May 27, 2026. So, no surprise cost hikes this year—just steady rules and steady fees!
2026-17726, Rescission of Coordinated Enforcement Regulations
The Department of Labor (Department) is rescinding the regulations that established formal procedures for coordination of enforcement activities among the Wage and Hour Division (WHD), Occupational Safety and Health Administration (OSHA), and Employment and Training Administration (ETA) with respect to migrant and seasonal farmworkers. The Department is rescinding these regulations because they are obsolete, no longer reflect the Department's organizational structure or operational practices, and are not needed for effective coordination among the relevant component agencies. This action will remove unnecessary regulatory burden and align the Department's enforcement strategy with modern, effective, and flexible coordination models already in use.
2025-11848, Rescission of Coordinated Enforcement Regulations
The Department of Labor is scrapping old rules that slowed down teamwork between its groups that protect migrant farmworkers. This change lets the Department work faster and smarter without extra red tape. Migrant farmworkers and the agencies that help them will see smoother, quicker enforcement soon—no extra costs or delays expected.
2026-18978, Federal-State Unemployment Compensation (UC) Program; Data Availability
Starting November 16, 2026, Federal officials will get easier access to important unemployment data from States to help catch fraud and keep the system honest. States must update their laws by September 16, 2027, to share this info smoothly. This change helps protect taxpayer money and makes sure unemployment benefits go to the right people.
2026-16982, Wagner-Peyser Act Employment Service Staffing
Starting October 19, 2026, States can choose the best way to staff their Wagner-Peyser Employment Services without being forced to use State merit staff. This change helps States save money and work more efficiently while still providing great job help to people. If you work in or run these services, get ready for more flexibility and smarter staffing choices!
2026-07959, Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act
The Department of Labor is proposing clear rules to decide when two companies share responsibility for workers’ rights under key laws like minimum wage, family leave, and farmworker protections. This change helps workers and employers understand who’s in charge and makes enforcement fair and consistent across the country. If finalized, these rules could affect many businesses and workers starting soon, with potential impacts on compliance costs and legal clarity.
Previous / Next Documents
Previous: 2025-12314, Statements of General Policy or Interpretation Not Directly Related to Regulations
The Department of Labor wants to clean up some old rules that never went through public review and turn them into helpful guides instead. This affects businesses and workers who follow Fair Labor Standards Act rules, but it won’t change any laws or costs right now. The Department is asking for your thoughts on which parts to keep and how to share the info going forward.
Next: 2025-12316, Application of the Fair Labor Standards Act to Domestic Service
If you hire home helpers like caregivers or housekeepers, this update matters! The government wants to bring back old rules that let some helpers skip overtime and minimum wage rules, making care more affordable. These changes could start soon, helping families and workers find a fair balance without extra costs.