Farmworker union challenges DOL’s cut to H-2A wage rates in federal court (Agri-Pulse): The United Farm Workers of America (UFW) has filed a lawsuit in the U.S. District Court for the Eastern District of California challenging the U.S. Department of Labor (DOL)’s recent interim final rule that revises how wage rates are set for the H‑2A visa program. Under the new methodology, the DOL moved from using the Farm Labor Survey conducted by the U.S. Department of Agriculture (USDA) to the Occupational Employment and Wage Statistics survey from the Bureau of Labor Statistics. The rule is projected to save employers about $2.5 billion annually by lowering adverse effect wage rates for H-2A workers.
The UFW argues that the change will depress wages not only for foreign guest farm workers but also for domestic farm laborers who are similarly employed — precisely the group the H-2A statute aims to protect. The lawsuit also contends that the DOL violated the Administrative Procedure Act by bypassing the standard notice-and-comment process without adequate justification.
Policy Updates: Farmworker union challenges Labor Department’s cuts to H-2A wage rates in federal court
The United Farm Workers of America (UFW) has filed a lawsuit in the U.S. District Court for the Eastern District of California challenging the Labor Department’s recent interim final rule that revises how wage rates are set for the H‑2A visa program.
(Lindsey Pound)