United Farm Workers Sues Trump Administration over Changes to H-2A Minimum Wage Rate

The U.S. Department of Labor (DOL) estimates that the move will save farmers and ranchers $2.5 billion each year. The group warns that new methods for calculating the adverse-effect wage rate would result in lower pay for foreign workers.

NASHVILLE, TENN. (RFD-TV) — The labor group United Farm Workers is taking the Trump Administration to court over recent changes to the H-2A program. The lawsuit, filed Friday in the Eastern District of California, argues that the cuts to H-2A minimum wage rates will also reduce pay for domestic workers.

The U.S. Department of Labor (DOL) estimates that the move will save farmers and ranchers $2.5 billion each year. The group warns that new methods for calculating the adverse-effect wage rate would result in lower pay for foreign workers.

“By DOL’s own admission, DOL engineered the IFR to reduce wages paid to temporary foreign farmworkers and, in turn, U.S. workers—the precise workers whose wages and working conditions federal law protects. In short, the IFR has created the ‘adverse effect’ that DOL is tasked with preventing,” says the lawsuit filed on behalf of 18 individual farm workers as well as the United Farm Workers of America and the UFW Foundation.

Other agricultural groups, like the National Council of Agriculture Employers, disagree and say the new rates bring ag wages back to reality. The International Fresh Produce Association called the interim final rule “an historic step forward in creating a fairer, more predictable, and administratively workable process for setting H-2A wage rates.”

Related Stories
In part seven of his blog series,"Top 10 Developments in Ag Law and Tax in 2023,” agri-legal expert Roger McEowen covers the #1 issues, SCOTUS and defining a “Water of the United States.”
In part six of his blog series,"Top 10 Developments in Ag Law and Tax in 2023,” farm legal expert Roger McEowen tackles issue #2, foreign ownership of ag land.
In part five of his blog series, “Top 10 Developments in Ag Law and Tax in 2023,” Roger McEowen tackles issue number three, California’s Prop 12 pork regulations.
In part four of his blog series, “Top 10 Developments in Ag Law and Tax in 2023,” Roger McEowen tackles issue number four, the Employment Retention Credit.
In part three of his blog series, “Top 10 Developments in Ag Law and Tax in 2023,” Roger McEowen covers the Corps of Engineers’ mismanagement of Missouri River water levels.
Two more key developments in ag law and taxation from 2023, a crackdown on biodiesel fraud and developments in self-employment taxation (#7 and #6), are the topic of today’s Firm to Farm blog post, the second in a series by RFD-TV agri-legal expert Roger McEowen.

LATEST STORIES BY THIS AUTHOR:

The Interior Department is proposing to repeal the Bureau of Land Management’s Public Lands Rule. This move would make huge strides to empower local decision-making and restore balance between conservation and protecting rural livelihoods tied to these public lands.
Mother-daughter RanchHER duo, Lyn and Sherrie Ray, joined us on Wednesday’s Market Day Report for a sneak peek at tonight’s brand new episode of FarmHER + RanchHER.
With new renewable volume obligations announced this year, the Iowa Soybean Association says they’ll be vital to a farmer’s bottom line.
The 2022 Census of Agriculture revealed a more than 30% decrease in U.S. dairy farms since 2017. The shrinking industry is now uniting to advocate for itself while also adopting technology to reduce operational strain.
The September WASDE report comes out on Friday at Noon ET. As always, we’ll bring you those numbers right here on Market Day Report along with our expert
Heritage Cup Begins Sunday, September 14th at 10 AM ET