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Kirk E. Sherriff Rules Labor Department Rule Cutting H-2A Worker Wages Unlawful

U.S. District Judge Kirk E. Sherriff ruled Wednesday that a Labor Department rule reducing wages for H-2A foreign guest workers is unlawful. The court found that the Department of Labor failed to meet its legal obligation to ensure that hiring these workers does not adversely affect the wages of U.S. farmworkers. While the rule remains temporarily in effect, the administration announced that the Department of Labor must promptly produce a new methodology for calculating wage rates. Farmworker advocates, including the United Farm Workers of America, sued the administration last year, arguing that the lower rates would undercut local wages. The court specifically identified the tier system, housing adjustment, and data source selection as arbitrary and capricious. The Department of Labor previously estimated the rule would save employers $2.46 billion annually. The administration announced that growers may eventually be required to provide backpay to both H-2A workers and U.S. farmworkers if the new rates exceed current payments. The Department of Labor referred the matter to the Department of Justice for potential appeal.

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