Wage Rate Increases for H-2A May Pose a Hurdle to Employers and further inflate food costs

The H-2A program is a temporary agricultural worker program that allows agricultural employers to hire foreign workers for seasonal agricultural work in the United States. The H-2A program is designed to help farmers and other agricultural employers find workers during peak season when there are not enough domestic workers available. However, finding workers through the H-2A program can be challenging due to competition from other agricultural employers.

One of the biggest concerns for employers using the H-2A program is the cost of labor. The H-2A program requires employers to pay their foreign workers […]

By Bernard Firm|2023-05-01T13:36:24+00:00May 1st, 2023|H2-A|0 Comments

Final Rule: Modifications to the Regulation of Temporary Agricultural Employment of H-2A Non Immigrants

The U.S. Department of Labor (“Department” or “DOL”) published its final rule on October 12, 2022: “Temporary Agricultural Employment of H-2A Non immigrants in the United States”, effective on November 14, 2022.

This final rule amends the standards and policies by which the DOL grants certification of agricultural labor or services to be performed by H-2A workers on a seasonal or temporary basis, and enforcement of the contractual obligations applicable to employers of H-2A workers.

What changes does the Final Rule bring for employers and H2A workers?

The main provisions […]

By Bernard Firm|2022-11-03T19:20:14+00:00November 2nd, 2022|H2-A, Dept of Labor|1 Comment

Jose Ageo Luna Vanegas v. Signet Builders Inc. No. 21-2644 (7th Cir. 2022)

Jose Ageo Luna Vanegas, a Mexican citizen, was employed by Signet Builders Inc., a nationwide construction company, to work in the U.S. on an H-2A visa, to execute agricultural work in the U.S. on a temporary basis. Vanegas was assigned to build livestock structures on farms in Wisconsin and Indiana. He commonly worked more than 40 hours a week, and yet Signet did not pay him extra for his overtime hours.

Vanegas filed a complaint under the Fair Labor Standards Act (FLSA) and moved for conditional certification of a collective action on behalf […]

By Bernard Firm|2022-10-17T16:39:47+00:00October 15th, 2022|H2-A|0 Comments