Families United and Hernandez had previously sought final judgment in August, following an interlocutory appeal that contested the denial of their preliminary injunction in 2022. Their pursuit of justice saw support from the DOL, which considered a final judgment appropriate but raised questions about the foundation of the union and worker’s appeal.
The Ninth Circuit, however, left no stone unturned in its handling of the case, tossing the appeal on September 29 and casting a shadow over the underlying challenge.
A Wage Disparity Unveiled
Families United and Hernandez argue that the DOL calculates the AEWR on a state-wide basis, with no consideration for the nature of the work or the location of the job site. In stark contrast, prevailing wages mirror how most workers are remunerated, taking into account the most common units of payment, including piece rates and hourly wages for specific crop activities.
The duo contends that the H-2A application approved by the DOL for the 2023 harvest season only offered the lower AEWR wage rate, leading to a staggering wage loss, likely amounting to millions of dollars.
Farmer’s Wages 9th Circuit : The Call for Justice
Citing the Administrative Procedure Act, Families United and Hernandez insist that the Ninth Circuit possesses the authority to overturn agency actions contrary to the law and to compel agencies to act when they’ve wrongfully abstained. With unyielding resolve, they implore the Ninth Circuit to overturn the district court’s decision and render judgment in their favor.
