DOL Releases Final Farmworker Protection Rule

Rembolt Ludtke Agriculture Practice Group & Rembolt Ludtke Employment & Labor Law Practice Group

Finishing off what’s been a rather busy week for the U.S. Department of Labor (DOL), today the DOL announced a new “Farmworker Protection Rule.”

Generally, the new rule focuses on H-2A workers and other workers engaged in corresponding employment. “Corresponding employment” is any work performed for the employer of H-2A workers when included in an Employment & Training Administration-approved job order or in any agricultural work performed by the H-2A workers during the period of the job order.

The new rule dramatically expands protections for workers against retaliation. Borrowing from and going beyond the protections found in the National Labor Relations Act, the rule protects the following activities by covered workers:

• Engaging in self-organizing, such as forming, joining, or assisting a labor organization, or refusing to do so;
• Engaging in other concerted activities for the purpose of “mutual aid or protection” relating to wages or working conditions, or refusing to do so; and
• Refusing to attend a “captive audience” meeting, or to listen or view the employer’s opinion on protected activities.

In addition, the rule grants what are called Weingarten rights to covered agriculture workers that permit a worker to invite a representative to attend any investigatory interview that the worker reasonably believes might result in disciplinary action. Additionally, the employer must permit the representative to advise and assist the worker during the investigatory interview.

Earlier this week the DOL released another final rule that will dramatically increase the salary requirements for the white-collar overtime exemptions. You can learn more about that development here.

The new Farmworker Protection Rule becomes effective on June 28, 2024. The DOL has published an Employer’s Guide on the new rule, which can be found here.

The Rembolt Ludtke Agriculture and Employment & Labor Law Practice Groups are available to assist employers with questions surrounding issues that arise in the workplace, including those in agriculture.

This article is provided for general information purposes only and should not be construed as legal advice. Those requiring legal advice are encouraged to consult with their attorney.