On April 3, 2025, the Department of Labor (DOL) announced an important update regarding the H-2A Agricultural Worker Program in Washington State. This development follows a U.S. District Court order that has impacted the approval process for H-2A job orders involving non-range occupations. This update is particularly significant for employers in Washington State as it pertains to the prevailing wage requirements for specific agricultural activities. Understanding the implications of this court decision and how it may affect H-2A applications is crucial for legal professionals guiding employers through the certification process.
Key Takeaways
- Court Order: On March 28, 2025, a preliminary injunction from the U.S. District Court for the Western District of Washington halted DOL’s approval of certain H-2A job orders.
- Impact on Employers: Employers in Washington State using an “AEWR-only” wage model for agricultural work are affected by this order.
- Delayed Processing: The DOL is reassessing its compliance options, leading to potential delays in processing H-2A job orders and temporary labor certification applications.
- Additional Guidance: The DOL will provide further updates and clarifications regarding the new compliance framework soon.
Background of the Familias Unidas Por La Justicia Case
The case at hand, Familias Unidas Por La Justicia v. DOL, centers on the issue of wage rates for agricultural workers in Washington State. The plaintiffs argued that H-2A job orders listing only the Adverse Effect Wage Rate (AEWR) as an offered wage for certain agricultural activities, while there was a prevailing piece rate wage, were insufficient. The District Court issued a preliminary injunction, effectively halting the DOL’s approval of these job orders.
The case questions whether AEWR-only job orders are compliant with wage standards when there is a prevailing piece rate wage for specific crops or activities, leading to the court’s injunction and a reassessment of DOL’s certification practices.
Understanding the AEWR and Piece Rate Wage Systems
The Adverse Effect Wage Rate (AEWR) is a federal wage rate set by the DOL to ensure that temporary foreign workers are not paid less than U.S. workers in similar positions. A piece rate, on the other hand, compensates workers based on the amount of work completed rather than an hourly wage. The issue in Washington State is that some employers were submitting H-2A job orders offering only the AEWR when a piece rate could be a more appropriate measure of compensation for certain agricultural tasks.
AEWR and piece rate wages are different compensation models, with the AEWR being an hourly wage set by the DOL, while piece rates reward workers based on output. The legal issue arises when employers rely solely on AEWR despite the existence of a piece rate wage.
Implications for Washington State Employers
Washington State employers who rely on AEWR-only job orders for agricultural positions may face significant delays in processing their H-2A applications. The recent court order mandates that these employers reassess their wage offerings if a prevailing piece rate exists. As the DOL works to determine compliance, employers should prepare for a temporary slowdown in their labor certification processing timelines.
Employers in Washington State should be prepared for potential delays in the H-2A certification process, particularly if their job orders listed only AEWR wages without accounting for prevailing piece rates.
DOL’s Response to the Court Order
In response to the court order, the DOL has announced that it is reassessing its options for compliance with the injunction. The agency has indicated that the delay in processing is temporary, and further guidance will be issued shortly. This delay could affect employers waiting for temporary labor certification but is necessary to ensure that the wage standards are appropriately followed.
The DOL is actively working to address the court’s injunction and provide clear guidance to employers affected by the decision, though delays in processing are expected in the interim.
Best Practices for Employers Moving Forward
In light of the recent court decision and DOL’s reassessment, employers should carefully review their H-2A job orders to ensure compliance with both AEWR and prevailing piece rate standards. Consulting with legal professionals and staying updated on DOL communications will be key in understanding this period of uncertainty and avoiding any issues with the certification process.
Employers should take proactive steps to ensure compliance with both AEWR and piece rate requirements, consulting legal experts to manage the DOL’s reassessment and minimize disruptions in the H-2A certification process.
Conclusion
The Department of Labor’s recent update to the H-2A program in Washington State, following the court’s injunction, introduces significant changes to how agricultural wage rates are determined for non-range occupations. With the DOL reassessing its compliance framework, employers must be vigilant and prepared for potential delays. Legal professionals should stay informed to guide their clients through these new challenges and ensure smooth processing of labor certifications.
Frequently Asked Questions
What is the impact of the court’s injunction on H-2A job orders?
The injunction prevents the approval of H-2A job orders that list only the AEWR as the wage offering when a prevailing piece rate exists for the agricultural work being performed.
How will the DOL address the injunction moving forward?
The DOL is currently assessing its compliance options and will provide further guidance to affected employers. Delays in processing H-2A job orders are expected.
What should employers in Washington State do now?
Employers should review their H-2A job orders to ensure compliance with both AEWR and prevailing piece rates and be prepared for potential delays in processing.
How long will the delays last?
The DOL has not specified a timeline for how long the delays will last, but it is expected to be temporary while the agency reassesses its compliance strategy.
Will this issue affect all H-2A applications or only certain ones?
Only those H-2A applications that involve non-range agricultural work in Washington State where the wage offering is solely based on AEWR are impacted by the injunction.
Authors: Jonathan Wasden & Justin Rivera, Immigration Attorneys