U.S. Federal Court rules Trump Administration’s bid to cut farm worker wages is illegal
Fresno, Calif.— Today, a U.S. federal district court ruled that the Trump administration unlawfully undercut the wages of U.S. farm workers. The decision finds that the administration’s U.S. Department of Labor (DOL) interim final rule, which cuts wages in the H2-A agricultural guest worker visa program, adversely affects the wages and working conditions of American workers, in violation of federal law. The rule cut many farm workers’ wages by up to $7 per hour, depending on the state, and DOL estimated that the rule would annually transfer $2.46 billion in wages from workers to employers.
This decision is the culmination of a federal lawsuit filed last year against the DOL rule by 18 individual farm workers, the United Farm Workers and UFW Foundation. Supporting amici briefs were filed by five former Secretaries of Labor, 13 state attorneys general, and Senators Alex Padilla and Adam Schiff and Representative Zoe Lofgren.
The decision orders DOL to promptly publish new wages developed under methodology that is consistent with the decision and orders DOL to inform employers that they may be responsible for backpay for workers from the date of the decision until a revised lawful wage rate has been set.
“Farm workers’ jobs are very difficult,” said Crisanto Serrano, a farm worker in Sunnyside, Washington and a plaintiff in the lawsuit against the Trump wage cut rule. “Even so, there are many here in Sunnyside who look for work but can’t find any. More and more, the growers just want to hire H2-A workers, who they can keep trapped on their property, instead of us local workers, who live here and who pay taxes here and have decades of experience. We don’t matter to the growers and to this President. They are happy to hire a new worker for less pay. But I am very happy that the court did take us into account. I hope this court decision will protect our wages and our jobs here in the Yakima Valley for a long time. Us workers have to stay united.”
“This decision recognizes the important and essential work of the men and women who put food on our tables and that farm workers should get paid fairly,” said Teresa Romero, President of the United Farm Workers. “The government must move quickly to issue new, legal, wage rates that protect the jobs and wages of local farm workers, and employers must be held accountable for paying back any difference between the new legal wage and the illegal wage rates still in effect. While this decision is a heartening step, we know attacks on farm worker wages will continue. The United Farm Workers will always be there to fight for the wages farm workers deserve.”
“The UFW Foundation welcomes the federal court’s decision ruling that these callous wage cuts are illegal, ending the transfer of wealth from workers to agricultural corporations, and notifying employers of possible backpay,” said Erica Lomeli Corcoran, chief executive officer of the UFW Foundation. “This decision is a much-needed victory for farm workers all over the country. Farm workers deserve to be paid a fair day’s wage for a fair day’s work. Now that the court has spoken, the Trump administration should do the right thing and work to protect farm worker wages. This includes releasing a new DOL rule, no longer cutting U.S. farm workers’ wages and letting them provide for their families just as they provide for this nation.”
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