C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 501—ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION AND NATIONALITY ACT › Subpart A—General Provisions

29 C.F.R. § 501.5

Waiver of rights prohibited

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A person may not seek to have an H-2A worker, a worker in corresponding employment, or a U.S. worker improperly rejected for employment or improperly laid off or displaced waive any rights conferred under 8 U.S.C. 1188, 20 CFR part 655, subpart B, or this part. Any agreement by a worker purporting to waive or modify any rights given to said person under 8 U.S.C. 1188, 20 CFR part 655, subpart B, or this part shall be void as contrary to public policy except as follows:

(a) Waivers or modifications of rights or obligations under 8 U.S.C. 1188, 20 CFR part 655, subpart B, or this part in favor of the Secretary shall be valid for purposes of enforcement; and

(b) Agreements in settlement of private litigation are permitted.

Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2021–2025 · leading case: Saramiento v. Fresh Harvest, Inc. (N.D. Cal. 2021).
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Saramiento v. Fresh Harvest, Inc. (N.D. Cal. 2021). · cites it 41× “Luevano-Vaca moves 20 to dismiss Fresh Harvest’s breach of contract counterclaim on the basis that the Settlement 21 Agreement is void as contrary to public policy under 29 C.F.R. § 501.5 of the H-2A regulations.”
Saramiento v. Fresh Harvest, Inc. (N.D. Cal. 2022). · cites it 8× “In 20 the Order, the Court dismissed Fresh Harvest’s counterclaim based on a settlement agreement 21 releasing H-2A worker Luevano-Vaca’s claims against Fresh Harvest, since the Court found it was 22 prohibited under 29 C.F.R. § 501.5 , which voids any agreement by an H-2A…”
Saramiento v. Fresh Harvest, Inc. (N.D. Cal. 2022). · cites it 5× “11 Luevano-Vaca signed was void under H-2A regulation 29 C.F.R. § 501.5 , which prohibits waiver 12 of an H-2A worker’s rights outside of certain situations, including in “[a]greements in settlement of 13 private litigation.”
Alvarez Barron v. Sterling Sugars Sales Corp (W.D. La. 2025). · cites it 4× “122 (q); 29 C.F.R. § 501.5 . sugarcane—the agency’s certification conclusively establishes that the AEWR is the pay rate for which Plaintiffs contracted.”
Sun Valley Orchards LLC v. United States Dep't of Labor (3rd Cir. 2025). “29 C.F.R. § 501.5 . DOL assessed $2,700 in penalties and $135,623.”
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