On February 28, the DOL published a new rule to restore how wages are calculated for H-2A agricultural guest workers. The new rule is expected to increase the required wage, partly by changing how the adverse effect wage rate is calculated and abandoning a Trump-era methodology that would have held back pay increases.
During the rule’s notice and comment period, trade industry and employer groups argued that the changes would penalize small farmers and result in less domestic food production. These groups are considering what actions to take to respond to the new rule.
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.