# Federal Judge Overturns Trump Administration's H-2A Farmworker Wage Cuts Labor Department faces December deadline to restore fair pay for seasonal agricultural workers. - **Source:** [Fortune](https://fortune.com) - **Published:** 2026-10-28 - **Topic:** [Business](https://brifing.si/c/business) - **Original article:** - **On Brifing:** https://brifing.si/s/4309fad8-c37e-4b55-87d2-509dbc8fa2c3 ## Court Mandates Wage Reform A federal judge ruled the Trump administration’s wage formula for H-2A guest workers illegal, forcing the Labor Department to rewrite it by December 30. The policy shift had effectively transferred $2.5 billion annually from workers to growers. If the department misses this deadline, wage rates will revert to previous Biden-era standards. ## H-2A Program Growth Dynamics The H-2A visa program has seen consistent expansion, reaching 398,258 positions in fiscal 2025. Growers rely on this labor pool for harvest-intensive crops like melons and apples as domestic supply shrinks. However, the program faces scrutiny, with 84% of investigations between 2018 and 2023 uncovering labor violations, primarily regarding worker compensation. ## The Disputed Wage Formula The controversial rule replaced the USDA’s Farm Labor Survey with a Bureau of Labor Statistics model, creating two pay tiers. This change dropped California’s minimum H-2A wage from $19.97 to $16.90 per hour. The Labor Department estimated this adjustment shifted billions in income, benefiting employers like the Trump Organization’s Virginia winery. ## Legal Basis for Overturn Judge Kirk Sherriff ruled that the Labor Department failed to protect U.S. workers and improperly bypassed public comment periods. By setting wages well below market rates, the administration neglected its legal duty. The court rejected the department’s request for a six-month extension, insisting on a swift resolution to address worker financial instability. ## Back Pay Uncertainty Looms The Labor Department has warned employers that they may owe back pay for the period the illegal rule was active. While the department currently opposes mandatory retroactive payments, the United Farm Workers union is actively lobbying for them. The final financial liability for growers remains contingent on the upcoming revised wage formula. ## Industry and Union Reactions The UFW Foundation argues the wage cuts prevented workers from covering basic needs like rent and medication. Conversely, the National Council of Agricultural Employers claims the rule provided necessary stability against rising mandates. They warn that striking down the regulation creates existential instability for rural communities and the broader American agricultural sector. ## State-Level Legislative Response California is bypassing federal delays by enacting AB 2646, which mandates a $19.75 hourly minimum for H-2A and local farmworkers starting January 1. This move highlights growing regional divergence in labor protections. As federal uncertainty persists, state-level policies are increasingly setting the floor for agricultural wages in high-demand, labor-intensive crop markets. ## Future Program Trajectory Demand for H-2A labor remains high, with certifications in early 2026 trending 17% higher than the previous year. The Labor Department must report progress to the court every three weeks until the new rule is finalized. These upcoming changes will dictate pay structures for hundreds of thousands of seasonal workers heading into 2027. ## Sources covering this story - https://fortune.com/2026/10/28/trump-h2a-farmworker-pay-cut-ruling-back-pay-deadline/ — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._