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AILA Doc. No. 20122400 | Dated April 4, 2022 | File Size: 638 K
Download the DocumentThe district court issued an order granting plaintiffs’ motion for summary judgment. The court vacated the final rule Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States (85 FR 70445, 11/5/20) and remanded the rule to DOL for further rulemaking consistent with the order. (United Farm Workers, et al. v. DOL, et. al., 4/4/22)
DOL OFLC provided additional updates on the implementation of the H-2A Adverse Effect Wage Rate Methodology for Non-Range Occupations Final Rule. On January 12, 2021, the U.S. District Court for the Eastern District of California issued a supplemental order in United Farm Workers, et al. v. DOL, et. al., requiring DOL to publish the adverse effect wage rates (AEWR) for 2021 in the Federal Register on or before February 25, 2021, using the methodology set forth in the 2010 rule, and to make those AEWRs effective upon their publication. Additionally, the court ordered DOL to notify all state workforce agencies (SWAs), employers, and the general public that the AEWRs in effect on December 20, 2020, will remain in effect during the interim period until DOL publishes 2021 AEWRs in the Federal Register. The court reserved decision on whether an award of backpay is warranted based on the difference, if any, between the 2020 AEWRs and the final 2021 AEWRs.
In response to a 12/23/20 district court order in United Farm Workers, et al. v. DOL, et. al., that enjoined DOL from implementing the DOL Final Rule on Adverse Effect Wage Rate (AEWR) methodology for non-range H-2As (85 FR 70445), OFLC announced that H-2A job orders filed on or after 12/21/20 must use the AEWRs in effect on 12/20/20.
The plaintiffs, United Farm Workers (UFW) and UFW Foundation, filed a complaint seeking the following relief:
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Cite as AILA Doc. No. 20122400.
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