A proposed U.S. Department of Labor rule regarding the H-2A visa program would add to the already complex compliance challenges employers face, Harris Beach attorney L.J. D’Arrigo recently told Law360.

The H-2A visa program allows employers to hire foreign workers for seasonal agricultural work. The DOL proposal bolsters anti-retaliation protections for labor organizing activities and considers requiring agriculture employers to provide contact information for H-2A workers to requesting unions.

When interviewed about the proposed change, L.J. said H-2A requirements are already a burden on employers. He said employers find the tangled web of regulations difficult to comply with, leading to unintentional violations – especially because the regulations change so frequently.

“It’s hard enough for employers to comply with the H-2A regulations, and the proposed rule adds an additional layer of scrutiny and penalties and oversight. And I think it could discourage farmers from participating in the H-2A program,” he said.

L.J. added that the proposed rule was very one-sided toward unions.

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