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Farmworker wage cuts were ruled unlawful. The lower rates remain temporarily in effect.

A federal judge ordered the Labor Department to devise a lawful replacement, but did not immediately cancel the current H-2A wage schedule.

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Who is covered

The disputed rule sets minimum pay for temporary foreign farmworkers in the H-2A program and affects comparable U.S. farmworkers hired alongside them.

What the judge found

The court found the wage methodology unlawful, including failures to protect U.S. wages and to justify bypassing ordinary rulemaking procedures.

What happens now

The lower rates remain while the department produces a replacement. Employers must be told that back pay may be owed if the new lawful rates are higher.

Sources

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