Freeze Impacts Across the Southeast: What H-2A Employers Need to Do Now

Seso is actively monitoring the recent cold snap across the Southeast—particularly in Florida—where freezing temperatures have caused widespread disruption to specialty crops, harvest schedules, and labor demand. Early reports indicate significant damage to citrus, strawberries, vegetables, and nursery operations, with statewide agricultural losses expected to reach into the hundreds of millions of dollars.

This event follows closely behind recent hurricane impacts, compounding financial pressure across the agricultural sector. As a result, both state and federal agencies are mobilizing relief efforts, while the U.S. Department of Labor (DOL) has confirmed important compliance flexibilities for H-2A employers navigating these conditions.

Florida Damage Estimates and Available Relief Funding

Florida regulators and industry groups are currently assessing freeze-related losses, with producers being asked to submit impact data to support disaster declarations and funding allocations. These damage assessments will play a critical role in unlocking additional federal relief.

• Florida producers are encouraged to report freeze impacts through the University of Florida IFAS:
  https://blogs.ifas.ufl.edu/news/2026/02/05/media-alert-florida-agriculture-producers-asked-to-share-impacts-of-winter-freezes/

At the same time, the State of Florida has announced that over $600 million in disaster relief funding—primarily tied to hurricane recovery—will soon be available to agricultural producers, while also requesting expanded federal support:

• FDACS disaster relief announcement:
  https://www.fdacs.gov/News-Events/Press-Releases/2026-Press-Releases/Commissioner-Wilton-Simpson-Announces-Agricultural-Producers-Can-Soon-Apply-for-Over-600M-in-Hurricane-Disaster-Relief-Asks-Federal-Government-to

• Additional FDACS update:
  https://www.fdacs.gov/News-Events/Press-Releases/2026-Press-Releases/NOTE-TO-PRESS

At the federal level, USDA has also announced assistance for specialty crop producers impacted by broader market disruptions:

• USDA announcement:
  https://www.usda.gov/about-usda/news/press-releases/2026/02/13/usda-announces-assistance-specialty-crop-farmers-impacted-unfair-market-disruptions

Employers should be aware:

• Relief programs may cover crop losses, infrastructure damage, and operational disruptions

• Eligibility will likely depend on timely reporting and documentation

• Additional programs may expand to include freeze-related losses as damage data is finalized

Seso strongly recommends that employers document losses now and participate in all reporting efforts to preserve eligibility.

New DOL Flexibility: Adding Worksites Due to Weather Impacts

In direct response to the freeze, DOL has confirmed a critical compliance flexibility:
H-2A employers may add worksites not listed on the certified application where necessary due to weather-related impacts.

This provides a meaningful opportunity to shift workers to available work and reduce downtime risk.

How to use this flexibility:

Email the DOL help desk at:
oflc.tlc@dol.gov

Subject line:
Weather impact – Work location adds – [ETA case no.]

Your request must include:

• Each additional worksite where workers will be placed

• Verifiable evidence of the freeze event and its operational impact

Key considerations:

• Worksites must remain within the same area of intended employment

• DOL will confirm receipt and update the FLAG system

• Employers may proceed after submission—no need to wait for approval

Seso thanks the Florida Fruit & Vegetable Association (FFVA) for working with DOL to obtain and share this clarification.

Additional Compliance Pathways Employers Should Evaluate

Depending on the severity of impact to your operation, multiple H-2A strategies may be available:

• Contract impossibility

• Extensions of temporary labor certification

• Emergency filings

Each option must be carefully evaluated to ensure compliance with wage guarantees, notification requirements, and DOL expectations.

Immediate Action Steps for Employers

Seso recommends the following steps to mitigate operational and compliance risk:

1. Document freeze and storm impacts
   Maintain photos, temperature data, crop damage estimates, and records of lost work

2. Identify alternative worksites
   Prepare to shift workers within your area of intended employment using DOL’s flexibility

3. Analyze wage obligations
   Evaluate exposure under the three-fourths guarantee and corresponding employment requirements

4. Communicate early with workers
   Provide clear updates regarding reassignment or reduced hours

5. Coordinate with Seso
   Seso is actively assisting clients with compliance strategy, DOL requests, and disaster relief positioning

What to Expect Next

The full scope of this freeze event is still developing, but several trends are clear:

• Additional state and federal relief funding is likely

• DOL may continue to provide targeted compliance flexibility

• Documentation and early action will be critical

Seso will continue to provide real-time updates and hands-on support as new guidance is released. If your operation has been impacted, please reach out to your Seso representative to discuss next steps.