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Trump Administration Concedes Farm Labor Shortage as Judge Weighs H-2A Pay-Cut Rule

A written ruling is expected soon on a policy that would move most guest workers to the 17th percentile of pay.

Overview

  • The United Farm Workers sued in the Eastern District of California to block the interim H-2A wage rule, with a hearing held in Fresno this week.
  • An administration attorney acknowledged in court that there are not enough Americans to take farm jobs while defending the wage cuts.
  • Labor Department counsel argued lower H-2A wages would not hurt U.S. workers because employers already cannot find domestic labor, a claim the judge questioned.
  • The rule would create two tiers, classify roughly 92% of H-2A workers as unskilled, and set their pay at the 17th percentile of average wages.
  • The Economic Policy Institute estimates many farmworkers’ pay would drop to about $13.70 an hour, down from a $17.43 average minimum last year, as growers warn rising labor costs threaten farm viability.