DOL Eliminates Farmworker Protection Rule for H-2A

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During the last administration, as we’ve reported, there were a number of significant changes to the H-2A rules that had the potential to make it even more difficult and complicated to use the program. Late last week the Trump Administration has eliminated one of those rules, known as the Farmworker Protection Rule.

The FPR was made final in early 2024. It was seen as very pro-union like in that it regulated a lot of employer activities that are normally handled by the National Labor Relations Act and collective bargaining agreements. Farms are exempt from the NLRA. Activities such as allowing workers to engage in “concerted activities”, require farmers to allow organizers access to H-2A housing on the farm, requires progressive discipline, requires seatbelts on all vehicles used to transport workers even school busses not designed for belts and more.

The Farmworker Protection Rule was challenged in court in multiple jurisdictions. Those suits were able to get preliminary injunctions. The one that affects our members is one in the US District Court for the Eastern District of Kentucky. In that injunction, the members of the National Council of Agricultural Employers and its Member organization members (Southeastern Ginners is a member organization) were spared the enforcement of that rule.

Given that at least four other courts were also leaning against the rule, the Department of Labor has suspended the enforcement nationwide of the rule as of June 20, 2025

There are several other rule changes to the H-2A program that are being challenged but this is the one that had the most legal activity piled against it. The main driver in many of these suits is the National Council of Ag Employers. Your associations, both the Southeastern Cotton Ginners and the National Cotton Ginners are members of NCAE as organizations. Please consider joining NCAE as an individual company as well. www.ncaeonline.org.

The Southeastern Cotton Ginners Association applauds the Department of Labor in halting the enforcement of this rule. We hope to see it withdrawn completely soon.

DSF