Crop scouting for insects or pests in corn fieldA federal judge blocked a U.S. Department of Labor (DOL) rule designed to protect H-2A farmworkers from retaliation related to trying to form a union in 17 states. The judge determined the rule was unconstitutional since it conflicted with the National Labor Relations Act (NLRA) by granting collective bargaining rights to farmworkers. Congress has not granted this authority under the H-2A program.

The blocked rule was part of the DOL’s broader effort to protect farmworkers under the H-2A visa program, which allows U.S. employers to bring foreign nationals to fill temporary agricultural jobs. The rule was intended to prevent employers from retaliating against workers who engage in activities related to self-organization or other concerted activities regarding wages or working conditions.

The ruling reduces compliance burdens for agricultural employers in these states but leaves them navigating the complexities of the H-2A program.

Read more on the Department of Labor H-2A rule here.