Judge Rules Trump-Era Farmworker Wage Cuts Illegal
A federal judge invalidated Trump administration's wage cuts for H-2A farmworkers.
Why it matters: This affects the intersection of labor and immigration law, crucial for in-house legal and compliance teams advising employers using migrant labor.
- On August 26, 2026, Judge Kirk E. Sherriff ruled the DOL's wage cuts unlawful.
- The rule aimed to reduce H-2A farmworker wages from about $7 to $5 per hour, varying by state.
- Wages in California dropped from $19.97 to $16.45, and in Georgia from $16.08 to $12.27 per hour under the rule.
- The court found the DOL’s rule 'arbitrary and capricious' and mandated new wage rates and back pay notifications.
On August 26, 2026, U.S. District Judge Kirk E. Sherriff ruled that the Trump administration's Department of Labor (DOL) unlawfully reduced wages for H-2A seasonal farmworkers. The ruling came after the DOL implemented an interim final rule without a public comment period, aiming to lower farmworker wages by approximately $7 to $5 per hour depending on the state. California-based coverage details the court's finding that these efforts violated federal immigration law and were "arbitrary and capricious" in breach of the Administrative Procedure Act.
The pay cuts significantly impacted workers; wages in California were lowered from $19.97 to $16.45 per hour, and in Georgia from $16.08 to $12.27 per hour, as reported by The Washington Post. The Department of Labor estimated this rule would transfer roughly $2.46 billion annually from workers to employers over ten years.
The lawsuit was brought forward by the United Farm Workers union and several U.S. citizen farmworkers who argued the wage reductions harmed American workers. Teresa Romero, President of the United Farm Workers, said, "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." Similarly, U.S. farmworker Irene Mendoza commented on how hiring H-2A workers, while costing companies less, affected domestic laborers.
The court ordered the DOL to develop new wage rates consistent with this ruling and to inform employers about potential back wages owed to workers, as stated by Bloomberg Law. While the timeline for these updates remains unclear, legal and compliance professionals should monitor developments closely to advise employers accordingly.
By the numbers:
- $2.46 billion — estimated annual wage transfer from farmworkers to employers under the DOL rule
- $7 to $5 per hour — approximate wage reduction targeted by the Trump-era DOL rule
- $19.97 to $16.45 per hour — wage decrease in California for H-2A workers under the rule
What's next: DOL is ordered to set new wage rates and notify employers of back pay liabilities; timing is pending.