Posts tagged H-2A
Supreme Court grapples with Department of Labor case involving migrant worker fines
November 12, 2026 // Deputy Solicitor General Sarah Harris argued that because the H-2A program allowed the farm to import noncitizen workers, the government was granting a privilege via the government's immigration powers, and that therefore punishments for violating the terms of the program should be handled within the Labor Department. Robert Johnson, lawyer for Sun Valley Orchards, argued that the farm is being accused of violating a contract, creating a dispute that would have to be brought to a federal court if the federal government wanted to extract a fine out of the farm.
Unions sue Trump over immigrant drivers license crackdown
October 28, 2025 // The employee unions challenged a rule implemented by Department of Transportation Secretary Sean Duffy restricting foreign individuals from receiving commercial drivers licenses. Commercial drivers licenses are used for operating large vehicles such as tractor-trailers and buses. Nineteen states and the District of Columbia allow unauthorized immigrants to receive commercial drivers licenses. In California, more than 25% of commercial drivers licenses were improperly issued, according to a Department of Transportation press release.
Employee Advocate Supports Repeal of Biden-Backed Union Power Scheme Over Temporary Agricultural Workers
September 5, 2025 // National Right to Work Foundation comments: Biden DOL lacked authority to impose pro-union boss regulation over temporary agricultural workers
Federal judge says H-2A workers don’t have right to unionize
August 28, 2024 // In her ruling, Judge Lisa Wood acknowledged the Department of Labor has the authority to make rules governing H-2A workers. However, she says the Labor Department does not have the authority to “create law or protect newly created rights of agricultural workers.” That authority, she says, belongs to Congress. Citing previous legal precedents, Woods determined that issuing a nationwide injunction would give a single district court an outsized role in the federal systems. Therefore, her ruling only affects those listed as plaintiffs in the case initiated by the Southern Legal Foundation.
17 states allege Biden opens path to unionize foreign farmworkers
July 17, 2024 // The Department of Labor denies the allegation, saying the rule merely gives foreign farmworkers the right to protect wages and working conditions through "concerted activities" and "self-advocacy." The AGs accuse the department of hiding "behind linguistic smoke and mirrors." "If it looks like a duck and quacks like a duck, then it's probably a duck," the motion for a preliminary injunction reads.
New protections empower H-2A agricultural workers to organize
June 27, 2024 // DOL’s new rule becomes effective on June 28. However, according to the agency, H-2A applications filed before Aug. 28, 2024, will be processed according to previously applicable federal regulations, and applications submitted on or after Aug. 29 will be processed in accordance with the provisions of the new Farmworker Protection Rule
What a Surge in Union Organizing Means for Food and Farm Workers
March 25, 2022 // By organizing with the Warehouse Workers for Justice, many were able to get their jobs back and have their demands met. “What’s really interesting is that there’s a huge movement right now for worker centers and unions to work together ... to essentially surround the industry,” Oliva said. “So if an employer busts the union, the worker center emerges. If the worker center is unable to organize the workers, the union organizes them.”