H-2A Alert: Judge Vacates AEWR Rule

H-2A Alert: Judge Vacates AEWR Rule

It’s been a great summer for H-2A employers. In June, following several preliminary injunctions, the U.S. Department of Labor (DOL) announced it would be suspending enforcement of its burdensome Farmworker Protection Rule. Shortly after that, DOL announced that it would be formally rescinding large portions of the rule. Earlier this month, DOL announced it was rescinding an FAQ that prevented employers from staggering worker arrival.

Now, we have received confirmation that the DOL’s costly 2023 AEWR rule, which required wage rates to be set based on job duties, has been vacated, bringing a good measure of clarity and common-sense back to the H-2A Program.

Judge Robert R. Summerhays in the Western District of Louisiana officially ordered the rule vacated on August 25, agreeing with plaintiffs’ assertions that the rule was arbitrary and capricious in violation of the Administrative Procedure Act. This stands to make the H-2A program much more accessible—particularly for small, family farms—since the required wage rates will be more in line with local market rates and affected employers will no longer need to file multiple applications.

This is a tremendous win for H-2A employers.

Update on Ruling: Live Q&A with Chris Schulte

We’ll be hosting a webinar with Chris Schulte, one of the lawyers involved in the case, on August 29, at 10 AM CT. Join us to learn what this change means for employers and what we anticipate will happen in the future.

We have limited seats for this webinar, so be sure to register now to reserve your seat using the button below.

Reserve Your Seat

As always, we’ll continue to provide updates as we learn more. In the meantime, if you have any questions, feel free to reach out to us. We’re always happy to help!

Until next time,
The Agri Placements Team