While a judge’s order prompted a pause to the enforcement of new federal farmworker protection regulations for some states last month, growers in tree fruit states including Washington, Oregon, California, Michigan, New York and Pennsylvania must start complying with changes related to H-2A applications at midnight Eastern Time (9 p.m. Pacific Time) Sept. 11.

In late August, the U.S. Department of Labor temporarily halted enforcement of the Farmworker Protection Rule after a U.S. District Court judge in Georgia granted a preliminary injunction for 17 states, a Georgia farm and a Georgia agricultural association suing to stop the new regulations. Earlier this week, the Department of Labor announced it would begin enforcing the new rules in the states not party to the suit.

The announcement affects portions of the rule that deal with the application process, such as how wage rates are listed and paid, said Kate Tynan, senior vice president for the Northwest Horticultural Council.

The states covered by the injunction — and therefore not affected by any of the Farmworker Protection Rule while the lawsuit continues — are Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas and Virginia.

The new Farmworker Protection Rule, finalized in April by the Department of Labor, is the third H-2A regulatory change in four years. Among other issues, it mandates seat belts on all company-owned vehicles, grants workers more rights to organize and requires employers use progressive disciplinary procedures for workers. Shortly after the injunction, the Labor Department said it may continue to enforce those elements of the rule during field audits in the states not party to the lawsuit, Tynan said.

For more information, including details about how to navigate the online application in the wake of the court order, visit https://www.dol.gov/agencies/eta/foreign-labor.