DOL Defends Prevailing Wage Regulations in H-2A Farmworker Challenge

The Department of Labor (DOL) recently moved to dismiss challenges filed by Familias Unidas por la Justicia in U.S. District Court for the Western District of Washington (Case No. 2:24‑cv‑00637). The union slammed two key provisions of DOL’s 2022 H‑2A prevailing wage methodology:

• One‑year rule: restricts prevailing wage validity to 12 months

• 25% rule: limits any single employer’s wage data to contribute no more than 25% of total survey responses when the survey covers at least four employers

The union argued both rules are arbitrary and unlawful, but the DOL contends each reflects a reasonable interpretation of Congress’s intent—asserting there's no indication of arbitrary, capricious, or counter-evidence-based decision-making.

This development follows earlier rulings by Judge John H. Chun, who partially blocked the one-year rule in March and granted preliminary injunctive relief in July 2024. Most recently, the union is seeking another injunction to prevent the DOL from enforcing 2022 wage surveys (which showed “no finding” for Washington apple and berry wages), warning that such enforcement could force growers to pay the lower Adverse Effect Wage Rate (AEWR), further eroding wages for H-2A workers .

🔍 Why It Matters

This case strikes at the heart of how the U.S. sets wage protections for temporary agricultural workers. If the DOL prevails, its 2022 rules could stand—and firms could continue using them. But if the union succeeds, past and future wage determinations could be invalidated, forcing growers to pay higher piece‑rate wages. It’s a critical test of agency authority, administrative process, and the impact on vulnerable farmworker populations.