On April 29, 2024, the U.S. Department of Labor published the Farmworker Protection Rule (89 FR 33898), which revises Wagner-Peyser Employment Service (ES) regulations at 20 CFR parts 651, 653, and 658. State Workforce Agencies (SWA) and employers must comply with this final rule beginning on the effective date, which is June 28, 2024. Changes are described on the Department’s Farmworker Protection final rule webpage and ES-related changes are further described in Training and Employment Notice No. 27-23. Among these, the final rule requires that ES staff must consult the Department’s Office of Foreign Labor Certification (OFLC) and Wage and Hour Division (WHD) H-2A and H-2B debarment lists, and a new ETA Office of Workforce Investment (OWI) discontinuation of services list before placing a job order into intrastate or interstate clearance through the Agricultural Recruitment System.
As described at 20 CFR 653.501(b), when consulting the lists:
- If an employer is on the H-2A or H-2B debarment lists, the SWA must initiate discontinuation of ES services to the employer.
- If the employer is on the OWI discontinuation of ES services list, or the SWA has already discontinued ES services, the SWA must not approve the clearance order.
When a SWA discontinues ES services to an employer, the employer cannot participate in or receive any Wagner-Peyser Act ES service from any SWA. In this case, “employer” means an employer as well as agents, farm labor contractors, joint employers, and successors in interest, as defined in 20 CFR 651.10. If ES services are discontinued, the SWA must remove the employer's active job orders from the clearance system and no SWA may process any future job orders from the employer or provide any other ES services to the employer unless the SWA reinstates ES services to the employer under 20 CFR 658.504.
In addition to viewing this list online, employers may submit written requests to the OWI Administrator to determine whether they are on the OWI discontinuation of ES services list. No employers are currently on the OWI discontinuation of services list.
Debarment Lists:
- The H-2A and H-2B debarment lists are available on OFLC’s website.
OWI Discontinuation of ES Services List:
- The Department is currently engaged in the Paperwork Reduction Act process for finalizing information collection and will post the proposed information collection here when it is available for public comment. Once the Department and the Office of Management and Budget have finalized procedures for information collection to support the new OWI discontinuation of ES services list, the list will be available here. Therefore, currently no employers are on the OWI discontinuation of services list.
- SWAs and employers may submit questions to OWI through email at DOES@dol.gov.