On June 30, the U.S. Department of Labor proposed to rescind its 2024 Improving Protections for Workers in Temporary Agricultural Employment in the United States rule. The Department had earlier announced it would not enforce the rule’s requirements since various parts of the rule have been enjoined in various federal judicial circuits (see, USDOL Suspends Enforcement of Biden-era “Worker Protection” H-2A Rule, FELS website, June 27, 2025).

The proposed recission removes several problematic provisions of the H-2A Worker Protection rule, including:

• National Labor Relations Act (NLRA)-modeled “employee” (read: labor union) rights that federal courts had found DOL had tried to impose on agricultural employment in contravention of the NLRA’s non-application to agricultural employment;
• Union access to workers in employer-provided housing in contravention of the Supreme Court’s decision in Cedar Point Nursery v. Hassid striking down California’s union access rules as an unconstitutional regulatory taking;
• Requirements for termination for cause and progressive discipline, undermining employers’ rights by restricting employers’ ability to discharge or discipline employees.

The rule had been challenged in multiple federal judicial circuits, had been enjoined in 21 states, and had been partially enjoined nationwide.

The Department will accept public comment for 60 days.