Latest Federal Court Ruling: DOL’s Take on H-2A Farmworker Wages Unlawful
August 27, 2026 A federal court in California has ruled the U.S. Department of Labor’s 2025 H-2A wage rule unlawful. The decision finds the interim final rule, which cuts wages in the H2-A agricultural guestworker visa program, adversely affects the wages and working conditions of American workers, in violation of federal law.
U.S. District Judge Kirk Sherriff’s ruling notes the Trump administration’s DOL rule as “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” In addition, the public input rulemaking requirement for the legislation was skipped altogether.
According to the United Farm Workers Foundation, the rule cut many farmworkers’ wages by up to $7 per hour, depending on the state, and DOL estimated that the rule would annually transfer $2.46 billion in wages from workers to employers.
Despite the unlawful ruling, DOL’s wage rule is staying in effect — for now. The decision orders DOL to publish new wages developed under methodology that is consistent with the court’s decision and orders DOL to inform employers that they might be responsible for backpay for workers from the date of the decision until a revised lawful wage rate has been set.
Here is what some agricultural associations are saying about the latest court decision regarding the H-2A wage rule.
“This decision recognizes the important and essential work of the men and women who put food on our tables and that farm workers should get paid fairly,” says Teresa Romero, President of the United Farm Workers Foundation. “The government must move quickly to issue new, legal, wage rates that protect the jobs and wages of local farmworkers, and employers must be held accountable for paying back any difference between the new legal wage and the illegal wage rates still in effect. While this decision is a heartening step, we know attacks on farm worker wages will continue. The United Farm Workers will always be there to fight for the wages farm workers deserve.”
“Today’s decision is a reminder that lasting reform cannot come through regulation alone, and the prospect of growers facing backpay liability for complying with a federal regulation is deeply concerning,” says Jamie Fussell, Director of labor relations at the Florida Fruit & Vegetable Association.
“As the nation’s largest user of the H-2A program, Florida agriculture has long called for reforms that improve access to a legal, reliable workforce and bring greater stability to program costs. Despite significant rulemaking efforts to improve the program, the growers who rely on it remain subject to ongoing legal and regulatory uncertainty. Congress must act with urgency to finally secure the reforms needed to the H-2A program and provide growers with certainty to continue feeding American families. Continued inaction only makes it harder to keep food production here at home.”
What are your thoughts about the Federal Court’s latest ruling on farmworker wages? Leave a comment below.