On June 20, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division announced in a Field Assistance Bulletin that it is immediately suspending its April 2024 Farmworker Protection Rule (FPR), Improving Protection for Workers in Temporary Agricultural Employment in the United States, which went into effect on June 28, 2024. The agency said it’s suspending enforcement of the rule due to the legal uncertainty following preliminary injunctions issued by multiple federal district courts. The suspension will allow predictability for agricultural employers as litigation continues, according to the agency.
We previously reported on the 2024 rule, which sought to increase worker protection, offer greater flexibility for H-2A and H-2B workers, and improve the H-2 nonimmigrant visa program. It’s important to note that there is no private right of action (ability for affected workers to file a lawsuit) in the 2024 rule, so employers are safe to discontinue activities under the rule even though it’s still technically on the books. Since the 2024 rule has been suspended, agricultural employers are now subject to the old rules that were in effect on June 27, 2024.
Tips: H-2A compliance is generally outside the scope of Vigilant Law Group’s services, but we wanted to provide an update on the significant changes to the enforcement of the 2024 rule. The suspension of the 2024 rule may have an impact on the processes that you’ve set up to ensure H-2A compliance. Vigilant recommends that you reach out to the consultant or organization that helps you comply with H-2A requirements for specific guidance.
