The U.S. Department of Labor and United Farm Workers filed a joint status report on September 9 outlining their positions on how quickly DOL must replace the H-2A wage methodology the federal court found unlawful. Although submitted jointly, the report reveals little agreement between the parties. 

DOL estimates that it will need nine to 12 months to issue a final rule. UFW wants the court to require an interim methodology by September 23, 2026. 

DOL told the court that a final rule is the only practical way to comply with the court’s order. The agency must reconsider 887 public comments on the 2025 Interim Final Rule, evaluate alternatives to the Occupational Employment and Wage Statistics survey, address other components of the wage methodology, and complete federal regulatory review. DOL argues that rushing another interim rule could lead to further litigation and implementation delays, particularly because the court did not vacate the existing rule. DOL proposes filing progress reports every 90 days. 

UFW calls that timetable unacceptable. It argues that leaving the current methodology in place for another year would continue wage reductions under the tiered wage system and housing deduction that the court found unlawful. UFW also contends that the lower wages could distort the wage data used to set future AEWRs, making some of the reductions effectively permanent. 

UFW maintains that DOL can issue an interim final rule without completing the full process required for a permanent rule. It asks the court to order DOL to publish a new interim methodology by September 23, or shortly thereafter, followed by another status report within two weeks. If the court’s decision not to vacate the existing rule prevents DOL from acting promptly, UFW asks the court to reconsider and vacate the rule. 

DOL has already posted and distributed the court-ordered notice advising employers that they may be required to make back-wage adjustments. It will continue providing that notice with H-2A certifications issued on or after September 2. 

The court must now decide whether DOL may proceed on its proposed nine-to-12-month timetable or must implement an interim methodology much sooner. For employers, the filing does not change current wage obligations or answer the major outstanding questions, including when replacement wage rates will take effect, what those rates will be, and whether employers will owe back wages. 

Western Growers will continue monitoring the case and DOL’s implementation of the court’s order. 

For questions about the H-2A wage rule or about the H-2A program in general, please contact the Western Growers H-2A Services Team.