By Clint Thompson
A federal court’s ruling that the Department of Labor’s (DOL) current adverse effect wage rate methodology is unlawful was a setback for producers and industry leaders. One of those leaders is Georgia Fruit and Vegetable Growers Association (GFVGA) Executive Director Chris Butts. He advises farmers on what the next step should be in this frustrating process.
“Take a deep breath. Nothing happens immediately. We need to wait to see how DOL replies and responds to this order,” Butts said. “They’ve been given a great task and a very short time to do it. And history demonstrates that coming up with a new system to determine the pay rates is very complicated. But this judge told them that the system they had developed wasn’t good enough. We need to wait and see what DOL comes up with in response.”
According to the court’s ruling, multiple provisions were found to not be adequately justified. While the court did not immediately vacate the rule, the DOL was ordered to develop and publish a new methodology.
Frustrating Development
Butts said it was a frustrating development, mostly because growers now do not know what their wages are going to be.
“We’re in a little bit of a lull between spring and fall seasons and there are guys that will be bringing on workers in the coming weeks for the for the fall and for the upcoming spring. They don’t know what their pay rates will be,” Butts said.
“The timing is not good in terms of people renewing contracts, and we’ve got contracts that’ll come to an end soon and new ones will start. We have other folks that kind of work mid-year to mid-year, and they have no idea what their wages are going to be. When wages are half of your expenses and you can’t predict what they’re going to be, it’s not long that it becomes a very unsustainable model.”
The DOL issued an interim final rule in October 2025 after a federal court vacated the 2023 AEWR rule and the U.S. Department of Agriculture discontinued the Farm Labor Survey.
The GFVGA noted that the court found multiple parts of the current methodology, including the two-tier wage structure, housing adjustment, reliance on certain wage data and the greater than 50% occupational classification rule were inadequately justified