Any job order not submitted by the 28th must be submitted on updated forms that reflect the new regulations.

The new worker protections that must be incorporated into job orders filed in connection with H-2A Applications (criteria clearance orders) will apply to workers employed under any criteria clearance orders and associated H-2A applications submitted on or after 12:00AM Eastern Daylight Time on August 29, 2024. Here is a webinar from the USDOL that outlines the changes you will see in the forms ETA 790 and 790A and 9142A.

 

These new worker protections supplement and enhance existing protections and include the following employer obligations and assurances:

• disclosure of all applicable wage rates, including prevailing piece rates, as well as any other wage rate the employer intends to pay;
• requirement to permit workers to invite or accept guests to their employer-furnished housing;
• prohibition on operating vehicles that were required to be manufactured with seat belts unless all occupants and the driver are wearing such seat belts;
• disclosure of any productivity standards as a condition of job retention;
• clarification on the criteria necessary to terminate a worker for cause;
• agreement that workers may designate a representative in certain circumstances;
• disclosure of the owner of each employer, operator of each place of employment, and the managers and supervisors of workers; and
• disclosure of foreign worker recruitment.

The Department will also begin to enforce the anti-retaliation provisions revised by the Farmworker Protection Rule regarding conduct or actions occurring on or after August 29, 2024. The revised anti-retaliation provisions explicitly prohibit retaliation because a person has:

• Consulted with a key service provider on a matter related to the H-2A program; or
• Filed a complaint, instituted or caused to be instituted any proceeding, or testified, assisted, or participated (or is about to testify, assist or participate) in an investigation, proceeding, or hearing under any applicable Federal, State, or local law.

Additionally, for any person engaged in agriculture as defined by the Fair Labor Standards Act, the revised anti-retaliation provisions prohibit retaliation because a person has:

• Engaged in self-organization and/or other concerted activities for the purpose of mutual aid or protection related to wages or working conditions, or refused to engage in these activities; or
• Refused to attend a “captive audience” meeting or listen to or view communications that have the primary purpose of communicating the employer’s opinion on protected activity.