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Visa & ImmigrationNov 9, 202608:33 (PT)

Federal judge partially sides with farmworkers union, finding Labor Department-approved foreign farm worker wage surveys partly unlawful

Key points

  • Judge John H. Chun partially granted the Washington farmworkers union's summary judgment request
  • The court found the Labor Department acted arbitrarily and capriciously by approving survey results relying on 'wage fracturing'
  • The surveys were used to replace 2020 wage standards for foreign farm workers; the ruling was mixed

Judge John H. Chun of the W.D. Washington granted in part a Washington farmworkers union's summary judgment request, finding the Labor Department acted arbitrarily and capriciously by approving survey results relying on 'wage fracturing'. The surveys were used when seeking to replace 2020 wage standards for foreign farm workers. The ruling was mixed. For reference only; this does not constitute legal advice.

What employers should do

  1. Monitor follow-up adjustments to H-2A wage standards and litigation progress
  2. Verify the basis for the H-2A wage standards currently applied

Policy details

Jurisdiction
US District Court, W.D. Washington
Status
Court ruling
Effective date
—
Employers covered
H-2A foreign farm worker employers
Official source
Official source pending
Original report: Bloomberg Law News ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.