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Court Axes 2020 H-2A Wage Rule: United Farm Workers v. DOL

April 05, 2022 (1 min read)

United Farm Workers v. DOL

"On November 5, 2020, the Department of Labor (“DOL”) promulgated a Final Rule that amended the regulations governing the Adverse Effect Wage Rate (“AEWR”) calculation methodology. Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States, 85 Fed. Reg. 70,445 (Nov. 5, 2020) (“the Final Rule” or “the 2020 Rule”). ... On January 5, 2022, plaintiffs filed a motion for summary judgment in this action, in which they ask the court to vacate and remand the Final Rule, “which both this Court, and DOL through the 2021 NPRM, have recognized is legally flawed.” ... In its prior order granting plaintiffs’ motion for a preliminary injunction, the court addressed at length how the 2020 Rule is likely unlawful. (See Doc. No. 37.) Now, the court confirms and makes that conclusion final. ... Plaintiffs’ motion for summary judgment (Doc. No. 90) is granted; The Final Rule is vacated and remanded to the DOL for further rulemaking consistent with this order."