DOL Proposes to Officially Rescind the 2024 Farmworker Protection Rule

On July 2, 2025, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) that would formally rescind nearly all of the 2024 Farmworker Protection Rule. The proposal is available at: https://www.federalregister.gov/d/2025-12315. The public will have 60 days to comment, with the deadline set for September 2, 2025. DOL is expected to act quickly to finalize the rescission following the close of the comment period.

The 2024 Farmworker Protection Rule was issued late in the prior administration and took effect on April 29, 2024. It introduced a wide range of new requirements for agricultural employers participating in the H-2A program, many of which were successfully challenged in court. As the NPRM itself explains, the rule imposed “unnecessary, burdensome, and costly requirements on employers.”

The rule has been on shaky ground since its rollout. Multiple court decisions have enjoined key parts of it, and DOL officially suspended enforcement of the rule on June 20, 2025. The proposed rescission is the next logical step, and one welcomed by the agricultural employment community.

If finalized, the rescission would eliminate nearly all of the 2024 rule. Among the most significant provisions being repealed are:

• Worker “voice and empowerment” provisions that gave workers expanded rights to name representatives in investigations and engage in protected activities.

• Mandatory housing access requirements that required employers to allow a range of visitors into employer-provided housing

• New AEWR implementation requirements, including a mandate that employers immediately implement new wage rates upon publication, with no phase-in period for payroll adjustments.

• Detailed disclosure of piece rates and estimated corresponding expected earnings rates and expanded job order content requirements.

• Progressive discipline and termination-for-cause rules, which imposed a rigid, multi-step process before any termination could occur.

• Mandatory seat belt use and enforcement policies

• Foreign labor recruiter disclosure requirements, including retention and submission of contracts and third-party agreements

• Expanded information collection and recordkeeping, such as listing every owner, supervisor, and manager involved in H-2A operations.

• Special notification rules for minor delays in start dates (e.g., if start dates were postponed less than 14 days from start date, burdensome new notification requirements).

While the vast majority of the 2024 rule is being repealed, a few limited provisions will remain if the NPRM is finalized in its current form:

• The definition and test for “single employer” will be retained, which helps clarify when two or more businesses are considered a single H-2A employer.

• The definition and procedures for “successor-in-interest” will stay, helping guide compliance when an H-2A employer undergoes a change in ownership.

• The rule will retain a specific ban on passport withholding, reinforcing an already existing federal law.

• The rule will retain a requirement that employers disclose overtime pay details in the job order—such as whether overtime is available, what the rate will be, and under what conditions it will be paid.

Why it matters:

The most important takeaway from the proposed rescission is the significant reduction in compliance burdens for H-2A employers. If adopted without changes, the rescission will revert the program to the regulatory framework that existed before June 27, 2024—effectively restoring the 2010 H-2A Final Rule as the governing standard.

By eliminating rigid termination procedures, housing access mandates, immediate AEWR implementation, and expanded job order and recordkeeping requirements, the proposed rollback offers relief from many of the operational and legal uncertainties created by the 2024 rule. It also reestablishes a more predictable environment for employers already navigating the complex H-2A program.

Additional context

We are also closely monitoring related litigation in Florida Growers Association, Inc. v. Su, Case No. 8:23-cv-00889 (M.D. Fla.), where a coalition led by the National Council of Agricultural Employers (NCAE) is challenging the 2023 AEWR Rule. That rule introduced the current bifurcated wage system—assigning one AEWR to the FLS “Big Six” occupations and higher OEWS-based AEWRs to all others, depending on their assigned SOC codes. The outcome of that case could have further implications for wage-setting under the H-2A program.

In the meantime, rescinding the 2024 Farmworker Protection Rule is a necessary and welcome step toward restoring clarity and sustainability to the H-2A program.

Next steps for H-2A employers:

• There is no immediate change in the regulation until the final rule is issued, but employers can expect DOL to move swiftly, and DOL has already announced its intent to cease enforcement of the rule on the ground.



• All H-2A stakeholders are encouraged to submit comments in support of the proposed rescission by the September 2, 2025 deadline.