Ahead of the Harvest: Farmworker Protection Act Compliance Tips
By James Larsen, Managing Attorney with 15 Years of H-2A Experience
In the dynamic landscape of agricultural employment, staying abreast of regulatory changes is essential to maintain operational integrity and avoid costly penalties. Unfortunately, many employers only become aware of compliance issues during audits, when corrective actions may be too late. As the adage goes, an ounce of prevention is worth more than a pound of cure.
The recent enactment of the Farmworker Protection Act on June 28, 2024, has introduced significant amendments affecting H-2A employers. To help employers navigate these changes effectively, Attorney James Larsen conducted a comprehensive webinar on June 11th, outlining essential steps and requirements for readiness and provides exclusive consultations to select employers, providing personalized guidance on compliance and addressing specific concerns.
Key Compliance Areas Under the Farmworker Protection Act Include:
- Transparent Access: Allowing guest access to worker housing.
- Delayed Employment Start: Addressing payment for workers affected by delayed start dates.
- Enhanced Notifications: Ensuring additional notifications for delayed start dates.
- Expanded Definitions: Clarifying who falls within the expanded definition of a recruiter.
- Disciplinary Procedures: Implementing mandated employee disciplinary procedures.
- Termination Protocols: Preparing procedural steps prior to terminating an employee for cause.
- State Agency Authority: Understanding increased authority granted to State Workforce Agencies.
- Employee Rights: Navigating new rules related to employee organization and rights.
- Comprehensive Identification: Detailing requirements for identifying owners, operators, and fixed-site agricultural businesses contracting with H-2ALCs, including personal information.
While some employers rely on the same attorney for both case representation and compliance advice, this approach may inadvertently overlook critical issues that could arise during audits or investigations. When the government scrutinizes practices, having a third-party attorney represent your interests can be invaluable. A neutral third party can identify potential errors, omissions, or even malpractice liability that might otherwise go unnoticed.
There is a potential conflict of interest when an attorney performs both advisory and representation roles, especially when facing government audits or investigations. Errors or omissions in advice given could expose employers to significant risks. Engaging a neutral third-party attorney ensures an unbiased review of compliance practices and facilitates indemnification for any adverse consequences arising from incorrect advice.
James Larsen, Managing Attorney at Larsen Immigration Law Group, brings fifteen years of experience in immigration law, with notable additional experience in labor and employment. He has previously worked as Of Counsel at Ogletree Deakins, a leading nationwide labor and employment law firm, where he gained comprehensive insights into employer sanctions and labor compliance. Additionally, Larsen served as an employer sanctions attorney at Foster LLP, guiding employers through complex compliance issues and investigations before the Wage and Hour Division, the Employment and Training Administration, Homeland Security Investigations, the Fraud Detection and National Security Directorate, and the Immigrant and Employee Rights Section (formerly the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC),
To schedule your confidential consultation with James Larsen, Managing Attorney, please contact 512-648-9115 or, email info@larsenimmigration.com.
Staying proactive and well-informed is key to navigating regulatory changes effectively, protecting your workforce, and maintaining operational compliance in agricultural employment.
Immigration law changes rapidly. This article is for informational purposes only, reflects the law as of its publication date, and may be superseded by later changes in the law, regulations or agency policy. It is not legal advice, and reading it does not create an attorney-client relationship.La ley de inmigración cambia rápidamente. Este artículo es solo para fines informativos, refleja la ley a la fecha de su publicación y puede quedar superado por cambios posteriores en la ley, las regulaciones o las políticas de las agencias. No es asesoría legal, y leerlo no crea una relación abogado-cliente.