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 |2022-11-03T19:20:14+00:00November 2nd, 2022|Dept of Labor, H2-A|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 |2022-10-17T16:39:47+00:00October 15th, 2022|H2-A|0 Comments
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