Kentucky blocks new H-2A rule - relief for local farmers

By Blake Jackson

A federal court in Kentucky has temporarily halted the implementation of a new Department of Labor rule that would have significantly impacted H-2A visa programs in Kentucky.

This ruling provides relief to farmers and agricultural businesses in these states who rely on H-2A workers to support their operations.

The new rule, known as the "Final Rule," would have imposed several new requirements on employers, including:

• Disclosure of Personal Information: Employers would have been required to provide personal information of owners, operators, supervisors, and managers to H-2A workers.
• Wage Calculation Changes: A new wage calculation system would have increased labor costs for employers.
• State Workforce Agency Restrictions: State workforce agencies would have been prohibited from providing employment services to employers who violated the rule.
• Guest Access: Employers would have been required to allow employees to invite guests onto their property.
• Seatbelt Mandate: Employers would have been responsible for ensuring all employees used seatbelts in company vehicles.

The state of Kentucky argued that these new regulations would infringe on privacy and property rights. The court agreed, granting an injunction that temporarily blocks the implementation of the Final Rule.

“The injunction has prevented immediate harm by halting the new rule before its impact could be felt, sparing West Virginia farmers from potential damage,” West Virginia Department of Agriculture officials said. “We are grateful for the Kentucky court for stepping in and preventing the rule from taking effect. They prevented a potential disaster for the success and production of farms using migrant labor in West Virginia. We are glad that the Kentucky District Court granted this relief for WV and our neighboring states of Kentucky and Ohio.”

The temporary injunction provides much-needed relief to farmers in these states, allowing them to continue operating without the burden of additional regulations.

However, the long-term implications of the Final Rule remain uncertain, and the states involved will continue to monitor the situation closely.

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