--- title: "Feds Deem Trump's H-2A Pay Cut Illegal" url: https://newscentral.site/feds-deem-trump-s-h-2a-pay-cut-illegal/ language: en publisher: "News Central Site" section: "Business" published: 2026-10-28T07:29:00.000Z updated: 2026-10-28T12:44:04.907Z id: c40cfd8e-1057-4cd1-b20c-3a65bcde146d source: "Fortune https://fortune.com/2026/10/28/trump-h2a-farmworker-pay-cut-ruling-back-pay-deadline/" attribution: "Link to https://newscentral.site/feds-deem-trump-s-h-2a-pay-cut-illegal/ and name News Central Site when you quote or summarize this story." --- # Feds Deem Trump's H-2A Pay Cut Illegal A federal judge has deemed the Trump administration's decision to cut pay for nearly 400,000 seasonal farm jobs held by foreign guest workers as illegal. The Trump administration's decision to cut pay for nearly 400,000 seasonal farm jobs held by foreign guest workers has been deemed illegal by a federal judge, and growers who have been paying lower rates may be on the hook for back pay. A significant portion of the US agricultural workforce is comprised of temporary foreign workers, with around one-sixth of the sector's labor force arriving in the country to fill seasonal positions that domestic workers are unable or unwilling to take. These H-2A visa holders typically work on crops such as melons, apples, and tomatoes, which require labor-intensive harvesting. The number of H-2A certifications has been steadily increasing since 2012, reaching a record high of 398,258 positions in the most recent fiscal year. This growth has come despite concerns about the treatment of these workers, with many employers failing to meet Labor Department standards. Investigations by the Labor Department have found widespread problems among H-2A employers, including pay-related issues that have been consistently cited as a major concern. In one particularly egregious case in 2021, federal prosecutors charged 24 individuals with running a trafficking operation that exploited dozens of H-2A workers in Georgia. The Labor Department has until December 30 to revise the formula used to set pay for these seasonal farm jobs, or wages will automatically revert to rates established under the previous administration. The Labor Department's decision to base minimum wages for guest farmworkers on a new survey has raised concerns about its potential impact on domestic workers. The change in methodology was made after the USDA discontinued its Farm Labor Survey in August 2025. This shift led the Labor Department to rely on a Bureau of Labor Statistics survey, which primarily focuses on nonfarm employers. The department then used this data to create a two-tiered system for H-2A minimum wages. Under the new rule, entry-level wages are set at approximately the 17th percentile of pay, with an estimated 92% of jobs falling into this tier. This change has resulted in lower minimum wages for guest farmworkers compared to previous rates. The impact of the new calculation is evident in states like California, where the H-2A wage fell from $19.97 an hour to the state's minimum wage of $16.90. The Labor Department estimates that this reduction will lead to a yearly shift of about $2.46 billion from workers to employers. The Trump Organization was among those applying for H-2A workers under the new rates, seeking 36 employees for its Virginia winery at a pay rate nearly $2 an hour lower than previously offered, according to Forbes. A US District Judge has ruled that the Labor Department's new H-2A wage rates are illegal, finding that they fail to protect American workers. The decision comes as part of a lawsuit filed by the United Farm Workers union and 18 farmworkers in November last year. Judge Kirk Sherriff of the Eastern District of California concluded that the department had not reasonably considered whether the new wage rates met its legal duty to safeguard US workers' interests. Furthermore, he found that the department had also bypassed the public comment process when introducing the new rules. In response to the ruling, the Labor Department has issued a notice to employers warning them that they may be liable for paying back the difference between the current and new wage rates once a revised formula is put in place. This development raises questions about the potential financial implications for growers who have taken advantage of the lower wages offered under the new rules. The department had initially requested up to six months to develop a replacement rule, but Judge Sherriff rejected this proposal and set a strict deadline of December 30 for the department to produce a revised formula. This means that the current wage rates will expire on that date regardless of whether a new rule is in place by then. The UFW Foundation has expressed concern about the impact of the lower wages on farmworkers, stating that they have been struggling to afford basic necessities due to the drastic reduction in pay. The National Council of Agricultural Employers has criticized the court's decision to strike down the lower wages for farmworkers, arguing that it will cause financial instability in American agriculture and rural communities. According to John Hollay, president and CEO of the group, the Department's interim final rule provided much-needed stability by capping runaway wage mandates. However, with the ruling now in effect, growers are facing uncertainty about their future costs. The trade group fears that this will have severe consequences for American agriculture and rural communities. The Labor Department has been ordered to report its progress on implementing a new rule every three weeks until it is finalized. In its first report, filed October 22nd, the department stated that it was consulting with other government agencies, including the USDA and the Department of Homeland Security. While the department still objects to the deadline for setting new rates, it has indicated that it will attempt to meet it. California is taking a proactive approach by implementing its own minimum wage law for H-2A workers and local employees working alongside them. Starting January 1st, growers in California will be required to pay $19.75 per hour, regardless of the federal government's decision on back pay. Demand for guest farmworkers in the US is rising sharply, with H-2A certifications up nearly 17% in the first half of fiscal 2026 compared to the previous year. This surge has put the program on track for a record number of certifications. The Labor Department's decision by December 30 will determine pay rates for hundreds of thousands of workers heading into 2027, regardless of the outcome of the back pay dispute. --- Source: [Fortune](https://fortune.com/2026/10/28/trump-h2a-farmworker-pay-cut-ruling-back-pay-deadline/) Published by News Central Site: https://newscentral.site/feds-deem-trump-s-h-2a-pay-cut-illegal/