News & Analysis as of

Agricultural Workers Foreign Workers Department of Labor (DOL)

Jackson Lewis P.C.

How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order

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The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District...more

Jackson Lewis P.C.

DOL: Indefinite Delay in FLAG System Update for New H-2A Farmworker Visa Rule

Jackson Lewis P.C. on

The Department of Labor (DOL) has decided to delay updating its Foreign Labor Application Gateway, or FLAG, case processing system to implement revised H-2A job order and application forms for the new 2024 Farmworkers...more

Fisher Phillips

DOL Finalizes Farmworker Protection Rule: 8 Key Takeaways for H-2A Agricultural Employers

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The U.S. Department of Labor just released a final rule that will expand employment protections for farmworkers in the H-2A visa program and enhance the agency’s capabilities to monitor and enforce program compliance. The DOL...more

CDF Labor Law LLP

Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement

CDF Labor Law LLP on

In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program. The H-2A visa program allows employers to hire foreign nationals to engage...more

Alston & Bird

Biden Administration Proposes More Changes to the H-2A Program

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Our Agricultural Legislative & Public Policy Team examines another pair of proposed rules that would reform the H-2A program....more

Jackson Lewis P.C.

Farm Animal Enclosure Construction Worker Not Penned In by FLSA’s Agricultural Exemption, 7th Circuit Holds

Jackson Lewis P.C. on

The mere fact that the plaintiff was building livestock enclosures on farms did not necessarily preclude his entitlement to overtime pay under the agricultural exemption of the Fair Labor Standards Act (FLSA), the Seventh...more

Harris Beach PLLC

Foreign Labor Options: What Every Struggling Seasonal Business Needs to Know about H-2A, H-2B and Green Cards

Harris Beach PLLC on

It’s hard to believe, but it is already time to start planning for your labor needs for Spring 2023. As we know, finding, hiring, developing, and retaining adequate labor resources are some of the most vexing challenges for...more

Fisher Phillips

Take Note H-2A Employers: Labor Department Proposes New Methodology to Calculate Wage Rates

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The Department of Labor recently announced a proposal to change the methodology of the hourly Adverse Effect Wage Rate (AEWR) for temporary nonimmigrant agricultural workers in the H-2A Program for all occupations other than...more

Alston & Bird

Opportunity for Comment: H-2a Wage Methodology Notice of Proposed Rulemaking

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What will the Department of Labor’s new proposal changing the methodology used to set the adverse effect wage rate in the H-2A visa program mean to agricultural employers? Members of our Agricultural Legislative & Public...more

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