A federal court has ordered the U.S. Department of Labor (DOL) to issue a new interim final rule for calculating H-2A Adverse Effect Wage Rates (AEWRs) by December 30, 2026. The existing interim final rule will be vacated effective that same date. 

The October 2 order in United Farm Workers v. U.S. Department of Labor follows the court’s August 26 ruling that DOL’s wage methodology was arbitrary and capricious and procedurally defective under the Administrative Procedure Act. The court initially left the rule in place while directing DOL to promptly develop a replacement. 

DOL subsequently proposed a timeline of up to six months for a new interim rule, then indicated at the October 1 status conference that it would endeavor to finish within four months. The court found that DOL had not justified that much time, pointing out that the agency issued the existing rule just five and a half weeks after the prior rule was vacated. 

The court also directed the parties to submit a joint status report on October 22, with additional reports every three weeks until the new interim rule is issued. 

For H-2A employers, the order establishes a firm deadline but does not specify the replacement wage methodology or announce new wage rates. It also does not resolve backpay questions. The October 2 order does not immediately vacate the existing rule. 

Western Growers will continue monitoring the litigation and DOL’s rulemaking and will provide updates as the new methodology takes shape. 

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.