Federal Judge Denies Preliminary Injunction on H-2A Rule
Published Friday, May 22, 2026
Last week, a federal judge denied a request from the United Farm Workers for a preliminary injunction against a U.S. Department of Labor rule issued in October 2025 that lowered Adverse Effect Wage Rates for certain H-2A temporary agricultural employees.
Under the rule, the lowest possible AEWR for general agricultural labor in California was reduced from $19.75 per hour to $16.45 per hour, though California’s statewide minimum wage of $16.90 per hour currently supersedes that lower rate. UFW challenged the rule in court and sought a nationwide injunction that would have paused implementation while litigation proceeds. The court denied that request, allowing the rule to remain in effect during the ongoing case.
The lawsuit remains active and is expected to serve as an important test of the administration’s broader efforts to reform aspects of the H-2A temporary agricultural guestworker program.
Staff contact: Matthew Viohl, mviohl@cfbf.com.
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