USDA's September 30 announcement that it was suspending data collection and release of its Farm Labor Survey has been blocked by U.S. District Judge Dale Drozd of the U.S. District Court for the Eastern District of California.
United Farm Workers (UFW) union and the UFW Foundation brought the suit, charging USDA did not follow the Administrative Procedures Act in suspending the FLS which is used by the Department of Labor to set minimum wages for guest workers under the H-2A program.
The groups said the end of the FLS survey could mean that the Adverse Effect Wage Rate (AEWR) for H-2A workers could revert to federal or state minimum wage levels to the detriment of workers as those are lower than the AEWR rates. It is not clear whether USDA will appeal the action.