Managing an agricultural workforce can be a difficult task. That's because agricultural employers must keep up with agricultural labor laws and workplace regulations, which seem to be constantly changing. That's why we developed this zero-waste resource for agricultural professionals and agribusinesses. Read on for the latest updates impacting agricultural labor management and HR compliance in your industry in fall 2025.
Table of contents
H-2A program
Other DOL updates
Developments in Agricultural Law in California
Other state law updates
H-2A program
DOL dramatically redesigns the H-2A program's minimum wage policy
- Snapshot: The DOL will calculate the Adverse Effect Wage Rate (AEWR) for H-2A job orders submitted after October 1 using a new skill-based and job-specific wage structure that results in “more precise market-based price floors,” according to the agency. The DOL's new interim final decision follows a federal court's August 25 decision that formally struck down the agency's 2023 wage rule, which local and national agricultural employers' associations protested.
- Take away: The new framework could significantly reduce labor costs for H-2A agricultural employers and help prevent severe labor shortages across the agricultural industry.
- FP Deep Dives:
USCIS Issues New Final Rule to Streamline Filing Process for H-2A Applicants
- Snapshot: USCIS issued a final rule on October 2 that immediately allows H-2A applicants to electronically file a new form (Form I-129H2A – Petition for a Nonimmigrant Worker: H-2A Classification) after the DOL accepts the temporary labor certification (TLC) application but before the agency approves it. Although this change will help streamline the application and filing process, USCIS will still require approved TLC before making a decision on the H-2A petition.
- Take away: The new rule will help make the H-2A program more user-friendly and efficient and is intended to help U.S. agricultural producers meet the urgent need for temporary agricultural workers.
Appeals court says DOL administrative law judges may not impose H-2A fines
- Snapshot: The 3rd U.S. Circuit Court of Appeals ruled unanimously on July 29 that it was unconstitutional for DOL administrative law judges (ALJs) to impose civil penalties on agricultural employers for H-2A violations. The DOL can no longer rely on ALJs to penalize employers in H-2A cases in New Jersey, Pennsylvania, and Delaware, and the agency may suspend ongoing enforcement actions or change tactics in those states. Additionally, employers in other circuits may soon challenge ALJ decisions, citing the 3rd Circuit ruling as persuasive authority.
- Take away: H-2A employers have a new tool to defend themselves against government actions, and the DOL may seek to restructure its enforcement process to avoid future constitutional challenges.
- FP Deep Dive: Agriculture Employers Score Big Victory in H-2A Dispute – How Your Business Should Respond to Federal Appeals Court Decision
Other DOL updates
Senate approves new OSHA head
- Snapshot: OSHA officially has a new leader after the Senate confirmed David Keeling on October 7. So you can expect workplace safety policies, priorities and regulations to change over the next few years. However, states with their own OSHA plans (such as California, Washington, and Oregon) could take the lead in implementing stricter safety regulations.
- Take away: Stay abreast of potential federal OSHA rollbacks, but be sure to track and adapt to a patchwork of state-specific compliance requirements.
- FP Deep Dive: Senate Approves New Occupational Safety and Health Administration Heads: What Employers Can Expect From OSHA and MSHA Now
Senate confirms new administrator of Wage and Hour Division
DOL releases latest semi-annual regulatory agenda
- Snapshot: Labor Secretary Lori Chavez-Deremer says the agency's latest agenda, unveiled Sept. 4, “focuses on flexibility, transparency and common sense reforms.” The DOL's current high-priority proposals include repealing the 2024 Farmworker Rule (which the agency stopped enforcing in June) and determining how to proceed with the first-ever proposed national heat standard (though we expect Keeling-led OSHA to carefully review comments submitted during the post-hearing comment period, which has been extended until October 30). the rule will either be significantly revised or abolished entirely).
- Take away: Stay tuned for updates on the DOL's key regulatory proposals. In any case, remember that states (e.g., California and New York) separately recognize the right of farm workers to organize under state law, and that state heat standards (e.g., California, Nevada, and Maryland) will continue to apply.
- FP Deep Dive: Employer's Guide to DOL's Key Proposals on the Latest Regulatory Agenda
Developments in Agricultural Law in California
Governor Gavin Newsom recently signed several bills that will impact agricultural employers (in addition to a number of other new California labor laws):
- AB 845 will require the cooperation of various state agencies to ensure that complaints filed by farmworkers are referred to the appropriate entity for processing and investigation. At the same time, it is ensured that the employee's identity and personal data remain secret unless he gives permission for it to be disclosed. This new law comes into force January 1stwill make it easier for agricultural workers to report issues such as unsafe working conditions or labor violations.
- FROM 1362 will increase compliance obligations for agricultural workers who recruit foreign agricultural workers through the H-2A visa program. Begins July 1, 2027Such farmworkers are no longer exempt from California's oversight and accountability rules for foreign labor recruiters and could face penalties for violations.
- AB 288 will give the California Agricultural Labor Relations Board (ALRB) exclusive jurisdiction to administer the state's agricultural labor laws – including determining who is subject to them – and allow the ALRB to depart from federal labor law precedents. The National Labor Relations Board (NLRB) filed a federal lawsuit on October 15 challenging other provisions in AB 288 (which you can read about here) that significantly expand the state's power in private sector labor disputes.
- SB 294 will require employers to provide their employees with an annual notice of immigration-related rights, with the first notice due no later than this February 1, 2026. The state Department of Labor is expected to release a model notice by Jan. 1 after receiving submissions from the ALRB and others. Learn more about SB 294 in this FP deep dive.
However, Newsom vetoed AB 1336 (veto message), which would have led to the suggestion that farm workers' heat injuries were work-related (he vetoed a nearly identical bill last year). He also vetoed AB 1136 (veto notice), which would require employers to provide their employees up to five unpaid days per year to address matters related to immigration status or work authorization.
Additionally, on September 18, the Cal/OSHA Standards Board issued a decision denying a request for an emergency temporary standard that would have created new protections against avian influenza for workers at dairies and other plants at increased risk of zoonotic infections – but directing Cal/OSHA to convene an advisory committee to evaluate the issues.
Further developments in state agricultural law
- New Jersey Employers will face further wage increases in 2026, including an increased minimum wage for certain agricultural workers — from $13.40 to $14.20 an hour — starting Jan. 1.
- Allegheny County, Pennsylvania is strengthening worker protections in response to federal deregulatory efforts — and looking for ways to expand county organizing rights for farm workers and other workers not currently covered by the National Labor Relations Act.