Federal Judge Rules Farmworker Wage Cut Unlawful, Mendocino Vineyards Continue Under Lower Rates
A federal judge has ruled that the U.S. Department of Labor acted unlawfully when it revised minimum wages for farmworkers on H-2A visas, a program allowing American growers to hire foreign workers for seasonal jobs. U.S. District Judge Kirk E. Sherriff found four aspects of the new rule to be arbitrary and implemented without the required public comment. The rule, which took effect for the current season, set lower wage rates for H-2A workers, in some cases allowing them to be paid less than U.S. workers doing the same job. For instance, in Mendocino County, vineyard jobs are currently paying $16.90 an hour, a decrease from last season's federal floor of $19.97. Despite the ruling, the judge did not immediately overturn the rule, allowing growers to continue paying the lower rates for now. However, the Labor Department has been given seven days to notify state agencies and employers that wage adjustment payments may be required later, potentially leading to backpay for both H-2A and U.S. farmworkers.