On August 26, 2024, a preliminary injunction was issued by the U.S. District Court for the Southern District of Georgia in Kansas v. U.S. Department of Labor. The order temporarily blocks the enforcement of the Department of Labor's Farmworker Protection Rule in 17 states and against certain named-party agricultural entities.
In response, the Department of Labor's Office of Foreign Labor Certification (OFLC) has updated its transition schedule for processing H-2A job orders and applications. H-2A applications submitted before 4:00 p.m. PDT on September 11, 2024, will be processed under the rules effective as of June 27, 2024, while applications submitted after September 12, 2024, will be subject to different rules depending on whether the application is covered by the Kansas order.
The FLAG system will be updated to include a screening question, asking employers if their job orders involve employment in the states affected by the injunction. Based on the response, the system will direct users to the correct application forms and processes. Employers with worksites in both enjoined and non-enjoined states will be required to file separate applications for each region.
For more information:
Western Growers
Tel: 1-949-863-1000
Email: [email protected]
www.wga.com