Farmers wait on court decision on H-2A wages

A court decision could come as soon as early February on a motion for a preliminary injunction against the Department of Labor’s 2019 wage rates for foreign agricultural guest workers.

  H-2A wage rates published by the Department of Labor
H-2A wage rates published by the Department of Labor
(( Data courtesy Department of Labor; Graphic by Brooke Park ))

A court decision could come as soon as early February on a motion for a preliminary injunction against the Department of Labor’s 2019 wage rates for foreign agricultural guest workers.

“I would guess we’ll hear something pretty quickly,” Michael Marsh, president and CEO of the National Council of Agricultural Employers, said in a Jan. 29 email.

The case, filed earlier in January, was heard Jan. 28 by U.S. District Judge for the District of Columbia Timothy Kelly.

The NCAE has argued that the Department of Labor’s adverse effective wage rate - the basis for the guest worker program’s minimum wage — should be halted from implementation because it is arbitrary and established without sufficient basis.

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