Washington federal court upholds DOL H-2A One-Year and 25% Rules but faults 2022 wage survey approval
Key points
- The court found the H-2A One-Year Rule and 25% Rule reasonable
- The court found DOL's approval of the 2022 wage survey results arbitrary and capricious
- DOL's wage-fracturing method split piece-rate wages into subunits
A federal district court in the Western District of Washington partially granted and partially denied cross motions for summary judgment in Familias Unidas por la Justicia v. Department of Labor. The court found the H-2A One-Year Rule and the 25% Rule to be reasonable policy choices. However, it found that DOL's approval of the 2022 prevailing wage survey results, which used a "wage-fracturing" methodology that split piece-rate wages into subunits, was arbitrary and capricious. Case No. 2:24-cv-00637-JHC; the ruling is dated November 6, 2026. This is for reference only and does not constitute legal advice.
What employers should do
- Review how piece-rate wages are calculated under the H-2A program and whether any wage-splitting practices are used
Policy details
- Jurisdiction
- Federal (US District Court, W.D. Washington)
- Status
- Court ruling
- Effective date
- —
- Employers covered
- H-2A agricultural visa 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.