On September 2, 2026, the U.S. Department of Labor’s Office of Foreign Labor Certification announced that certain H-2A employers may become responsible for retroactive wage adjustments after the Department adopts a new methodology for calculating Adverse Effect Wage Rates.
The announcement follows an August 26, 2026 order in United Farm Workers, et al. v. DOL, et al., No. 25-cv-01614-KES-EGC. The court held that the DOL’s October 2025 interim-final-rule methodology is unlawful but has left the rule and existing AEWRs
Continue Reading H-2A Employers Face Potential Backpay Exposure Under Court-Ordered AEWR Changes






