Wage rule alert · Updated October 2026

Do you owe H-2A back pay? Check your risk.

A federal court threw out the formula DOL used to set H-2A wage rates. When new rates come out, farms may have to pay workers the difference for hours worked since September 2, 2026.

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What happened

  1. October 2025DOL changed the wage formula. An interim final rule created new skill-level H-2A wage rates (AEWRs) with a housing deduction. In most states, rates dropped.
  2. August 3, 2026New 2026–2027 rates took effect under that formula. In Florida, Georgia and Indiana they took effect August 17.
  3. August 26, 2026A federal court found the rule unlawful. In United Farm Workers v. DOL, the Eastern District of California ordered DOL to promptly create a new formula and publish new rates.
  4. September 2, 2026DOL notified employers. Current rates stay in effect for now. But employers may later have to make wage adjustment payments to H-2A workers and U.S. workers in corresponding employment if the new rates are higher than what was paid.
  5. NowWaiting on new rates. DOL has said no employer has to pay back wages at this time. The possible back pay period runs from September 2, 2026 until the new rates are published.

Who could be affected

  • Farms with H-2A workers on the job any time since September 2, 2026
  • Farms with pending H-2A applications, or new applications filed before the new formula comes out
  • U.S. workers doing the same work (corresponding employment) are covered too, not just H-2A workers
  • Farms paying at or near the current AEWR have the most exposure

What to do now

  • Keep complete records for every H-2A worker and U.S. worker in corresponding employment: name, permanent home address, phone, email, SSN if issued, I-94 number, plus hours and pay.
  • Update contact info before workers go home for the season. You may need to reach them later.
  • Estimate your exposure so a back pay bill doesn't catch you by surprise.
  • Plan your next season with possible rate changes in mind.

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This risk check is general information, not legal advice. DOL has not published the new rates, so any dollar figure is an illustration, not a prediction. Talk to an employment attorney about your specific situation.

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Sources: U.S. Department of Labor, Office of Foreign Labor Certification notice of Sept. 2, 2026; BAL summary of the court order.