DOL Rescinds Decades-Old Farmworker Enforcement Coordination Regulations

The Department of Labor has finalized a rule rescinding 29 CFR Part 42, which set formal coordination procedures among the Wage and Hour Division, OSHA, and the Employment and Training Administration for enforcing protections for migrant and seasonal farmworkers. DOL says the regulations, dating to 1980, reference abolished agencies and repealed laws and are no longer needed given modern coordination methods. The rule takes effect September 30, 2026.

Key points

• The rescinded regulation, 29 CFR Part 42, required formal national and regional committees to coordinate farmworker enforcement.
• DOL says the rule is obsolete, referencing a defunct agency (ESA) and a repealed statute (FLCRA).
• DOL states it has continued effective coordination for decades through working groups, task forces, and programs under MSPA and the H-2A visa program.
• Eight public comments opposed the rescission, but DOL finalized the rule as proposed.
• The rescission removes formal committee and meeting requirements but does not change underlying labor protections under MSPA, OSH Act, or FLSA.
• The rule is effective September 30, 2026.

Who is affected

Agricultural employers, including those using the H-2A visa program, and migrant and seasonal farmworker advocacy groups.

What to do