Trump administration wage cuts for seasonal farmworkers unlawful, federal judge in California rules

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Set us as preferred A Labor Department rule that cut wages for foreign guest workers is unlawful, a California federal judge ruled Wednesday.U.S.District Judge Kirk E.
Sherriff in Fresno concluded that the Labor Department failed to reasonably consider whether it could satisfy its legal obligation “to ensure that the hiring of H-2A workers will not ‘adversely affect’ U.S.farmworkers’ wages.” But he allowed the Department of Labor rule to remain temporarily in effect while the agency develops a replacement.Sherriff ordered the Labor Department to “promptly produce” a new methodology for calculating H-2A wage rates consistent with his decision.
He directed the agency to notify employers backpay may be owed to H-2A workers and U.S.farmworkers if the new applicable rates exceed what they were paid.The ruling is a win for farmworker advocates who sued the Trump administration last year, arguing that the rule would undercut wages paid to U.S.
workers.More than a dozen farmworkers across the nation, along with the United Farm Workers of America and the UFW Foundation, sought to overturn the rule.
California The United Farm Workers, along with more than a dozen farmworkers, filed a federal lawsuit in California challenging a new Labor Department rule they argue will “undercut and adversely affect” wages paid to U.S.workers.The plaintiffs alleged that the rule — which they said cut wages of H-2A workers between $3 to $7 per hour — was “unlawful” and would “put downward pressure on the wages of U.S.
workers” who are in similar jobs, often on the same contracts as those with visas.According to the UFW Foundation, after the rule went into effect, wages in California fell from $19.97 to $16.90 an hour — a 15% cut for both H-2A workers and U.S.farm workers working beside them.“This decision recognizes ...