U.S. Department of Labor Rescinds Farmworker Enforcement Coordination Regulations, Effective Sept. 30

WASHINGTON, September 1, 2026 — The U.S. Department of Labor (DOL) has issued a final rule rescinding 29 CFR Part 42, the regulations that established formal coordination procedures among the Wage and Hour Division (WHD), Occupational Safety and Health Administration (OSHA), and Employment and Training Administration (ETA) for enforcing labor protections for migrant and seasonal farmworkers.

The final rule was published on August 31, 2026, and takes effect September 30, 2026 . The rescission eliminates requirements for national and regional farm labor coordinated enforcement committees, designated agency contacts, coordination plans, and related meeting obligations .

Published: September 1, 2026 | By VisasUpdate.com Editorial Team

DOL rescinds 29 CFR Part 42 farmworker coordination regulations, effective September 30, 2026.

Why the Rule Was Rescinded

The DOL concluded that Part 42 is outdated, no longer reflects the agency's current organizational structure, and is unnecessary given existing coordination mechanisms .

Reason	Details
Outdated Structure	Part 42 references abolished agencies (ESA, dissolved in 2009) and repealed statutes (FLCRA, repealed in 1983)
Dormant Provisions	National and regional committees, quarterly meetings, and designated contacts had long fallen into disuse
Modern Coordination	DOL now uses interagency working groups, task forces, joint initiatives, and strategic referrals

The rulemaking was conducted under DOL's general housekeeping authority at 5 U.S.C. 301 and consistent with Executive Order 14192 (Unleashing Prosperity Through Deregulation) .

What the Rescission Eliminates

Eliminated Requirement	Details
National Committee	Formal body to review and improve enforcement coordination across DOL agencies
Regional Committees	Quarterly meetings, annual public meetings, and written coordinated enforcement strategies
Designated Contacts	Specific personnel for inter‑agency farmworker enforcement coordination
Coordination Plans	Formal annual plans for regional and national enforcement activities

Public Comments and Responses

The proposed rule, published on July 1, 2025, received eight public comments — all opposing the rescission . Commenters included:

• Association of Farmworker Opportunity Programs (AFOP)

• Center for Law and Social Policy (CLASP)

• National Employment Law Project (NELP)

• Texas RioGrande Legal Aid (TRLA)

• Michigan Interagency Migrant Services Committee

DOL's Response

The Department acknowledged the concerns but maintained that coordination has functioned effectively for decades without reliance on Part 42 . According to DOL, the Department's proven ability to coordinate enforcement through existing operational mechanisms—such as monthly Agriculture Taskforce meetings, quarterly Regional Agriculture Coordination calls, and recurring interagency calls—alleviates any concern that rescission will weaken enforcement.

The 2024 Settlement Agreement Context

In 2024, advocacy organizations sued DOL alleging non‑compliance with Part 42. A court‑approved settlement required DOL to reconstitute certain committees—but only while the regulations remained in effect . The rescission extinguishes the obligation on its own terms.

What This Means for Employers

Aspect	Implication
H-2A Workers	No change to substantive employment, wage, housing, transportation, or worker protection requirements
Coordination	WHD, OSHA, and ETA will continue coordinating through existing mechanisms
Enforcement	DOL states that enforcement priorities for migrant and seasonal farmworkers remain unchanged

According to the final rule, the Department “continues to prioritize coordinated migrant farmworker labor law enforcement” and will continue to use interagency working groups, task forces, joint initiatives, and referrals to ensure effective oversight .

Read Also

• US Moves to Eliminate 60-Day Grace Period for H-1B & Other Workers After Job Loss

• USCIS Proposes $103,265 Fee for H-1B Cap-Subject Petitions – Comments Open August 25

• US Global Visa Wait Times August 2026: India Faces 14-Month Delays as Expedited Program Expands

Official Resources

Resource	Link
Federal Register Final Rule (91 FR 55744)	federalregister.gov/d/2026-17726
Docket No. ETA-2025-0003	regulations.gov
Reginfo.gov (RIN 1205-AC27)	reginfo.gov
DOL Wage and Hour Division	dol.gov/whd

For the latest immigration updates, visa policy changes, and 2026 developments worldwide, visit: visasupdate.com/blog/category/usa

VisasUpdate.com – The world's most trusted visa intelligence hub.Unlock 2026 immigration breakthroughs, digital nomad policies, and real-time fee alerts—all in one place.

Bookmark us now: visasupdate.com/news – Stay ahead.