In a significant decision on Friday, the Ninth Circuit Court of Appeals ruled in favor of the Washington farmworker union, Familias Unidas por la Justicia (FUJ), and its member Ramon Torres Hernandez. The court determined that the Department of Labor (DOL) has a legal obligation to protect the wages of domestic farmworkers in Washington State and must ensure agricultural employers offer the highest wage rates in contracts under the federal H-2A program.
This ruling overturns a previous order from federal district court judge Thomas O. Rice in Spokane. The Ninth Circuit agreed with FUJ's claims that the DOL had been approving federal H-2A contracts with lower hourly wages, contrary to federal statutes that require growers to offer higher prevailing wages.
"We are thrilled with the Ninth Circuit’s ruling because it recognizes that DOL has been failing to protect the interests of domestic farmworkers who are being pushed out of jobs by unlawful wages and working conditions in H-2A contracts," said Andrea Schmitt, an attorney from Columbia Legal Services who argued the appeal in early April. "We look forward to getting this order entered in the district court and working with DOL to protect the rights of domestic farmworkers in the future."
For the past 13 years, the DOL's method of determining and publishing wage data has led to incorrect findings, effectively reducing wages for both H-2A and domestic farmworkers. During the appeal, DOL admitted to following an illegal policy since 2011, although this policy was not publicly disclosed until recently. The Ninth Circuit has now mandated that Judge Rice enter an injunction excluding these unlawfully low wages from DOL’s annual wage survey that sets the required wages for the H-2A program.
José Ramírez, president of FUJ, stated, "It is shameful that DOL has been undercutting farmworker wages since 2011 and never had the courage to tell farmworker families."
In addition to this victory, FUJ has recently filed a second lawsuit against the DOL, challenging new regulations issued in 2022 that also fail to protect farmworker wages. A preliminary injunction has been requested in this case, now assigned to Judge John C. Chun in Seattle.
Despite the complex nature of DOL's wage-setting practices, the impact on farmworkers is clear. By law, the DOL must protect their wages. Earlier this year, state legislation was passed to improve this system, requiring future wage surveys to include direct input from farmworkers, not just their employers.
Washington remains one of the few states still striving to protect local worker wages, a result of decades of organizing. In many other states, local farmworkers have long been replaced by H-2A workers, making it easier for the DOL to certify a shortage of local workers annually. This ruling marks a significant step toward a different future for Washington.
The farmworkers were represented in the appeal by Columbia Legal Services, Farmworker Justice, Barnard Iglitzin & Lavitt LLP, and Edward Tuddenham.