A federal judge ruled on Wednesday, August 26, that the wage cuts for farmworkers with H-2A visas It's illegal. The change approved by the federal government earlier this year caused the hourly wage of H-2A workers in North Carolina to decrease from $16.16 to $11.15. The court determined that the cut violated the law.
However, at least for now, the salary is not going up again.
This is because the court order did not overturn the rule that caused the cut, but rather ordered the government to replace it. The minimum wage for most H-2A workers in the state It remains $11.15 per hour for work performed from August 3, 2026.
According to the court order obtained by this publication, the Department of Labor must develop a new methodology for calculating the H-2A minimum wage and publish new rates based on that calculation. Until that happens, the wage cut remains in effect.
What should farmworkers know today?
The ruling doesn't immediately change farmworkers' wages, but it's wise to be prepared. Here are three important tips for day laborers to keep in mind:
1. Save the employer's contact information
This ruling could lead the government to publish higher rates than those currently in place. If that happens, employers might have to pay the difference. But if by then the season has ended and the worker has returned home, and the employer has no way of contacting them, that money may never arrive.
“My concern is that the season ends, people go home, and if there isn’t up-to-date contact information, it can be difficult to receive that money when the time comes,” Lori Johnson, legal director of Farmworker Justice, told Enlace Latino.
2. Keep your pay stubs
They are proof of how many hours were worked and how much was paid. If a claim arises later, these documents are essential to support the case.
3. Review the hourly pay
Although the court ruled the calculation method illegal, the $11.15 minimum wage remains in effect, and employers are still required to pay it. To verify this, divide the total weekly earnings by the number of hours worked. If the result is less than that amount, the employer may have to make additional payments.
What did the court ruling declare illegal?
The order was issued by Judge Kirk Sherriff of the Federal Court for the Eastern District of California, following a lawsuit filed by 18 farmworkers, the United Farm Workers (UFW) and the UFW Foundation, represented by Farmworker Justice, Covington & Burling, Martinez Aguilasocho Law and the California Rural Legal Assistance Foundation.
The court identified four components of the rule as arbitrary and illegal.
The most decisive factor was the new classification system, which divided the H-2A jobs in two levels according to the experience and training required. 92% of the workers were placed in the lowest level. This level was calculated using the salary of the lowest-paid workers in the sector as a reference, instead of the average salary of all workers, as was the previous criterion.
Another rejected component was the housing discount. The law requires employers to provide Free accommodation for H-2A workersBut the rule deducted the value of that home from the minimum wage.
The court concluded that this amounts to charging them for accommodation. the rates of the Department of LaborIn North Carolina, a local farm worker earns a minimum of $12.84 per hour, while an H-2A visa worker doing the same job earns $11.15. The $1.69 difference is due to housing.
“It’s a pay cut,” said Johnson, whose organization represents the plaintiffs. “The Department of Labor claimed it wasn’t charging them for housing, but the court called it what it was: a deduction.”
Possible retroactive payment
The ruling orders the Department of Labor to notify employers, within seven days, that they may owe additional payments to workers. This period of potential retroactive payments begins when the notification is sent and ends when the new rates are published.
Johnson confirmed that the payment will not cover the months worked prior to the ruling.
Furthermore, it's important to note that payment is not guaranteed: it depends on whether the new rates are higher than the current ones. If so, workers may be entitled to receive the difference.
The judge held the case back for a second stage, so when the new rates are released, the parties will present arguments again and only then will it be decided whether payment is due and how much.
If you work in the field with an H-2A visa, consult the Guide for agricultural workers Enlace Latino NC, with information on labor rights, working conditions and support resources.
If you need guidance on your situation, you can also consult Where to find organizations that offer legal help to immigrants in North Carolina.
What might happen now
The Department of Labor must recalculate. It has 14 days to inform the court what it has done and how long it estimates it will take, but there is no date set for the new rates and no certainty as to whether the government will appeal.
According to Johnson, the underlying problem remains the source of the figures. The government used data from labor contractors, who typically pay less than farms that hire directly. Johnson said her organization proposed alternatives to the court to correct this.
Furthermore, none of this will be resolved this season. The ruling comes just as the agricultural season is nearing its end, and any retroactive payments would arrive after many farmworkers have already returned to their home countries.
Resources for workers
Workers who believe their employer is not paying them the minimum wage, or who have questions about their rights, can contact Farmworker Justice
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