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Tuesday, September 1, 2026

New H-2A Farmworker Rates Are Here: What Agricultural Employers Need to Know - JD Supra

H-2A agricultural employers have been awaiting the Department of Labor’s publication of the new H-2A Adverse Effect Wage Rates (AEWRs), and eager to hear how soon they would be required to update rates. Federal officials just released a public inspection copy of the new rates, which is set to be published in the Federal Register on Monday. Below are the key takeaways for H-2A employers.

Quick Background

The DOL issued an interim final rule in October 2025 that dramatically reshaped the H-2A program’s minimum wage policy. Under this framework, the DOL calculates the AEWR for H-2A job orders using a new skill-based and occupation specific wage structure. While the United Farm Workers are currently challenging the rule, a federal court in California officially denied the UFW’s request to temporarily block the rule while the litigation plays out.

When are the new rates effective?

Per the notice, the rates are effective immediately once it is published on August 3 for most states. However, a slightly later effective date (August 17) will apply to states covered by a 2024 court ruling related to the Farmworker Protection Rule, including: Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, and Virginia.

What are the new rates?

We expect the rates to be published here, though they haven’t been updated as of publication of this Insight.

The new rates, which should be published...



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