Court orders H2-A employers to pay back wages

District Court Judge Dale Drozd in an order dated May 13, 2021, relative to the case of UFW v. DOL, has ordered H-2A employers to pay back wages to H-2A workers and those domestic workers in corresponding employment.  The back wages would be for the period 1/15/2021 through 2/23/2021.  The basis of this back wage calculation would be the difference between the requisite 2020 AEWRs and the 2021 AEWRs.  The order currently only pertains to those applications filed on or after December 21, 2020.  Employer's would have to certify the back wage payment as part of their next H-2A application.  UFW had sought to extend this back to 1/1/2021 but the Judge rejected that claim.

Read More...