Farmworker wage cuts were ruled unlawful. The lower rates remain temporarily in effect.
A federal judge ordered the Labor Department to devise a lawful replacement, but did not immediately cancel the current H-2A wage schedule.
- Who is covered: The disputed rule sets minimum pay for temporary foreign farmworkers in the H-2A program and affects comparable U.S. farmworkers hired alongside them.
- What the judge found: The court found the wage methodology unlawful, including failures to protect U.S. wages and to justify bypassing ordinary rulemaking procedures.
- What happens now: The lower rates remain while the department produces a replacement. Employers must be told that back pay may be owed if the new lawful rates are higher.