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California Attorney General Rob Bonta led a coalition of 17 attorneys general in opposing a new U.S. Department of Labor interim final rule that would reduce wages for agricultural workers employed under the H-2A visa program.
In a comment letter, the coalition argued that the rule — issued Oct. 2 — abandons long-standing, farm-specific data in favor of a new wage methodology, creates lower-paying job categories, and allows employers to deduct housing costs that have traditionally been provided at no charge. The attorneys general contend the changes weaken wage protections designed to prevent adverse effects on domestic workers and contribute to persistent farmworker poverty.
Bonta, referencing his family’s history of farmworker advocacy, said the rule would “take advantage of agricultural workers” and disproportionately affect states with large agricultural industries such as California.
The H-2A program allows agricultural employers to hire foreign workers when domestic labor is unavailable. Employers must provide housing and transportation and pay wages set by the Adverse Effect Wage Rate, or AEWR. The new rule marks the second expedited attempt by the administration to reduce H-2A wages.
Under the revised methodology, wages for “entry-level” H-2A workers could fall to $13.45 per hour, while “experienced” workers could earn as little as $15.71, according to the attorneys general. The coalition also said the rule could shift an estimated $2.46 billion from workers to employers.
The letter outlines several objections, including claims that the rule circumvents the notice-and-comment requirements of the Administrative Procedure Act and disregards longstanding farm-specific wage data used to determine fair compensation for agricultural labor. The coalition argues that the rule establishes new lower-paying job categories that could further depress wages for both foreign and domestic workers and undermine federal requirements requiring employers to provide housing at no cost.
It also contends that the rule introduces a “majority duties” standard that could allow employers to reclassify higher-paying work into lower-paid categories, potentially lowering wages across the industry. In addition, the attorneys general assert that the rule fails to address historic compliance issues within the H-2A program and could lead to wages near the federal poverty line, creating increased financial burdens for states that support low-income workers.
The attorneys general said the rule would have significant economic impacts across agricultural states by lowering wages below levels calculated under previous methodologies.
Bonta has previously supported efforts to strengthen protections for agricultural workers, including advocating for stronger pesticide safety rules and opposing earlier attempts to modify H-2A wage regulations.
Attorneys general from Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Massachusetts, Minnesota, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington joined California in submitting the comment letter.