Sep 5, 2024

AmericanHort comments on federal H-2A court ruling

AmericanHort has released a summary of the FAQs regarding the recent federal court ruling on the H-2A rule from the U.S. District Court for the Southern District of Georgia.

A coalition of 17 states and two agricultural organizations sued the Department of Labor (DOL) and contested that the DOL’s H-2A rule, which aimed to extend National Labor Relations Act (NLRA) protections to temporary farm workers on H-2A visas.

“The Department of Labor’s (DOL) delay in implementing the H-2A Worker Protection Rule, prompted by the recent Georgia case decision, highlights the concerns regarding the rule’s suitability and the perceived haste in its advancement. AmericanHort is committed to collaborating with the Department of Labor to develop an H-2A Rule and program that effectively serves current and prospective participants,” Matt Mika, AmericanHort’s vice president of advocacy and government affairs, said in a news release.

Overall, the ruling will delay the implementation of the new rule, which was set to start on Aug. 28. Also of note, the DOL cannot enforce the Farmworker
Protection Rule in the specified states and entities while the injunction is in place, AmericanHort noted in a summary of FAQs about this court ruling.

The specified states include: Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas and Virginia.

AmericanHort also noted the Foreign Labor Application Gateway (FLAG) system is not set up to identify and process applications differently based on which state they originated in.

Consequently, the DOL has delayed updating the FLAG system in all states, for the time being, and will continue to process applications according to the previous
forms.

In next steps and compliance, until further notice, the DOL will process H-2A applications using the old forms.

AmericanHort is waiting for DOL to issue further statements and guidance.

AmericanHort has also been in discussions with DOL, USDA, DHS, DOJ, and other industry leaders who use H-2A. In the coming days, AmericanHort plans to provide additional analysis on further developments related to the ruling.

Based in Columbus, Ohio, with offices in Washington, D.C., AmericanHort is a national association that represents the horticulture industry, including breeders, greenhouse and nursery growers, retailers, distributors, interior and exterior landscapers, florists, students, educators, researchers and manufacturers.