29 C.F.R. § 501.0
Introduction
The regulations in this part cover the enforcement of all contractual obligations, including requirements under 8 U.S.C. 1188 and 20 CFR part 655, subpart B, applicable to the employment of H-2A workers and workers in corresponding employment, including obligations to offer employment to eligible United States (U.S.) workers and to not lay off or displace U.S. workers in a manner prohibited by the regulations in this part or 20 CFR part 655, subpart B.
Notes of Decisions
Cited in 8
cases (4 in the last 5 years), 1999–2025 · leading case: Overdevest Nurseries, L.P. v. Martin Walsh, 2 F.4th 977 (D.C. Cir. 2021).
Overdevest Nurseries, L.P. v. Martin Walsh, 2 F.4th 977 (D.C. Cir. 2021). “workers and provided an incidental-work exemption, which permitted H-2A workers to devote up to twenty percent of their time to perform duties incidental to agricultural work.”
Centeno-Bernuy v. Becker Farms, 564 F. Supp. 2d 166 (W.D.N.Y. 2008). “Similarly, the Court of Appeals of Kentucky, citing Nieto-Santos, determined that the Wagner-Peysner Act did not require that a party exhaust administrative remedies set forth pursuant to 29 C.F.R. § 501.0 et seq., before filing a breach of contract action in state court.”
Vega v. Nourse Farms, Inc., 62 F. Supp. 2d 334 (D. Mass. 1999). “Agricultural Workers, Report Number 04-98-004-03-321, Issued March 31, 1998 (hereinafter, “OIG Report”), at 17-18; see also 29 C.F.R. §§ 501.0 et seq. (setting forth administrative enforcement scheme applicable where an H-2A contractual employee-employer relationship exists).”
Sun Valley Orchards LLC v. United States Dep't of Labor (3rd Cir. 2025). “29 C.F.R. § 501.0 ; see also 20 C.F.R. § 655.”
Overdevest Nurseries, L.P. v. Acosta (D.D.C. 2020). “]” 29 C.F.R. § 501.0 . They require, inter alia, employers to pay H-2A workers and workers engaged in corresponding employment “a wage that is the highest of the [adverse effect wage rate],3 the prevailing hourly wage or piece rate, the agreed-upon collecting bargaining wage, or…”
Saramiento v. Fresh Harvest, Inc. (N.D. Cal. 2021). “]” 29 C.F.R. § 501.0 . 20 These regulations include a provision prohibiting the waiver of an employee’s rights under the H-2A 21 regulations at 29 C.”
Alvarez Barron v. Sterling Sugars Sales Corp (W.D. La. 2025). “185 and 29 C.F.R. §§ 501.0 to 501.47. The H-2A program authorizes the admission of foreign workers to perform agricultural labor or services of a seasonal or temporary nature.”
Centeno-Bernuy v. Becker Farms, 546 F. Supp. 2d 166 (W.D.N.Y. 2008). “Similarly, the Court of Appeals of Kentucky, citing Nieto-Santos, determined that the Wagner-Peysner Act did not require that a party exhaust administrative remedies set forth pursuant to 29 C.F.R. § 501.0 et seq., before filing a breach of contract action in state court.”
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