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Federal Judge Overturns $7 Hourly Wage Cut: Farmworkers May Recover Lost Pay

A federal judge ruled that the Trump administration's cut to farmworkers' wages was illegal, potentially entitling them to recover lost pay.
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trabajadores agrícolas podrían recuperar salarios
FOTO: Shutterstock

Farmworkers affected by the wage cut implemented by Trump may be able to recover some of the money they lost, after a federal judge declared the measure illegal.

  • The ruling orders the Department of Labor (DOL) to promptly publish new wages and warn employers that they may be responsible for paying retroactive wages to affected workers, according to EFE.

Why it matters: The cut reached up to $7 per hour in some states. The judicial decision could not only increase the pay of workers with H-2A visas again but also open the door to recovering accumulated wage differences.

Who was affected by the wage cut made by the government?

Federal Judge Kirk E. Sherriff declared illegal a measure announced by the DOL last October that reduced wages within the temporary agricultural workers H-2A program.

  • The policy was challenged by 18 farmworkers and the United Farm Workers (UFW) union.
  • The plaintiffs argued that paying lower wages to foreign workers also harmed the wages and working conditions of American workers.

The Trump administration had justified the change as a response to the impact that immigration raids were having on the availability of labor for farmers.

Will there be retroactive payments for farmworkers?

This is one of the most important points of the ruling: The DOL must publish new wage rates and inform employers that they may have to pay retroactive wages.

However, the decision does not mean that all affected workers will automatically receive a check.

With the available information, it is still not possible to determine how much money each worker could recover or how those potential payments would be made.

  • The new rates that the Department of Labor publishes and the implementation of the ruling will be key to determining the individual economic impact.

The cut represented $2.460 billion in wages

The economic dimension of the policy was significant.

According to EFE, the Trump administration itself estimated that the wage reduction would transfer approximately $2.460 billion per year from workers to employers.

Reversing the cut may modify the labor costs of producers who depend on the H-2A program again and also generate potential obligations for previous wages.

  • Crisanto Serrano, a farmworker from Washington and one of the plaintiffs, expressed his hope that the decision would protect wages and jobs in the Yakima Valley.
  • Teresa Romero, president of UFW, described the ruling as «an encouraging step,» although she anticipated that disputes over farmworkers’ wages would continue.

For now, affected workers will have to be aware of the new rates that the DOL publishes and the instructions on potential retroactive wages.