DOL Provides Additional Guidance for H-2A Program in Washington State for Non-Range Occupations
DOL posted the following announcement:
April 25, 2025. The Department of Labor Announces Additional Guidance for the H-2A Program in Washington State for Non-Range Occupations; Compliance with District Court Order
On March 28, 2025, the U.S. District Court for the Western District of Washington (the Court) issued a preliminary injunction order in Familias Unidas Por La Justicia v. DOL, et al., No. 24-cv-00637 (Familias), enjoining the Department of Labor (Department or DOL) as to its approval of H-2A job orders submitted by certain employers seeking temporary labor certification for work performed in the state of Washington that list only the hourly Adverse Effect Wage Rate (“AEWR”) as an offered wage when there is an applicable prevailing piece rate wage for the particular crop or agricultural activity (“AEWR-only job orders”). On April 24, 2025, the Court modified its order.
The modified Familias order requires DOL to immediately take the following actions with regard to the AEWR-only job orders approved when there is an applicable prevailing piece rate wage for the particular crop or agricultural activity located in Washington since November 25, 2024:
- Give notice to all relevant employers in Washington that they must unequivocally offer and pay the applicable prevailing piece rate wage(s) under the 2020-Survey prevailing wage rates in compliance with the Ninth Circuit’s conclusion on the application of 20 C.F.R. §§ 655.120(a) and 655.122(l) in Torres Hernandez v. Su, 2024 WL 2559562, at *1 (9th Cir. May 24, 2024) from the date of notice forward;
- Give notice to all relevant employers in Washington that they must expeditiously disclose applicable piece-rate prevailing wages to their employees;
- Post notice on the Department’s Office of Foreign Labor Certification Web Announcement webpage, the Foreign Labor Application Gateway (FLAG system), and the Agricultural Online Wage Library (AOWL), listing the currently applicable piece-rate prevailing wage rates for Washington, that states that all relevant employers employing workers in a specific crop or agricultural activity must offer and pay the applicable active prevailing piece rate wage for work performed in Washington. The Department will keep such notice posted to the FLAG system and AOWL at least until 50 percent of the work contract period lapses for the relevant certifications;
- Request Washington ESD to post a notice on its WorkSource website with all active applicable piece-rate prevailing wage rates for Washington, and which states that all relevant employers employing workers in a specific crop or agricultural activity must offer and pay the applicable active prevailing piece rate wage for work performed in Washington, and asking that such notice remain publicly available until 50 percent of the work contract period lapses for the relevant certifications; and
- Take immediate action to ensure that all current and future proposed job orders for the 2025 season are reviewed for compliance consistent with this Order.
The Department is complying with the Order. Consistent with the modified Familias order, the Department is providing this notice that all relevant employers employing workers in a specific crop or agricultural activity must offer and pay the applicable active prevailing piece rate wage for work performed in Washington. The Department is also continuing to take action to ensure that job orders filed by employers in connection with current and future Applications for Temporary Employment Certification covering places of employment located in Washington state comply with the modified Familias order. See April 15, 2025, OFLC Announcement: The Department of Labor Announces Additional Guidance to the H-2A Program in Washington State for Non-Range Occupations; Compliance with District Court Order.