Farmers and advocacy groups sue DOL over new H-2A rule

A coalition of farmers and agricultural advocacy groups has filed a lawsuit against the U.S. Department of Labor (DOL), challenging new H-2A regulations.

The Worker and Farmer Labor Association (WAFLA), North Carolina Growers Association, Agricultural Workforce Management Association, USA Farmers, the National Council of Agricultural Employers and several individual farmers are seeking to block the rules, which they claim impose unlawful and burdensome requirements on American farmers.

The lawsuit, Barton, et al. v. Department of Labor, et al., was filed in the U.S. District Court for the Eastern District of Kentucky. The plaintiffs argue that the DOL’s H-2A Final Rule and new ad hoc application processes, implemented without the required notice and comment period, are illegal.

“The misguided Final Rule is another unfortunate example of bad federal policy that harms American farmers and workers,” said Michael Marsh, president and CEO of the National Council of Agricultural Employers. The coalition is particularly concerned about the impact on labor-intensive farming operations struggling to remain viable in a competitive market.

This legal action follows an August 2024 decision in the Southern District of Georgia, where Judge Lisa Godbey Wood issued a preliminary injunction blocking the DOL’s Final Rule in 17 states. Judge Wood ruled that the DOL had overstepped its authority by extending collective bargaining rights to farmworkers, which Congress had excluded under the National Labor Relations Act.

With national implications, the coalition’s lawsuit seeks broader relief from the H-2A regulations.

For further information, contact WAFLA or the National Council of Agricultural Employers.