H-2A Wage Rules Change (Again): A Win for Growers... But Your Documentation Game Still Matters

If it feels like the H-2A wage rules change every time you finally get your crew paperwork dialed in…you’re not wrong. A federal court just tossed the complex 2023 wage rule, and the U.S. Department of Labor (DOL) quickly said it will set future H-2A wage rates using the simpler 2010 rule. Translation: fewer gymnastics with specialty job codes and OEWS tables, and a return to a more familiar framework. That’s real relief. But let’s not confuse “simpler” with “risk-free.” Audits, investigations, and wage disputes haven’t gone anywhere—so your labor documentation still needs to be bulletproof.

The U.S. District Court for the Western District of Louisiana vacated the 2023 rule that pushed many specialized roles outside the “big six” SOCs onto the higher of OEWS or AEWR. In response, DOL announced it would set future H-2A rates using the 2010 rule. For existing certifications, employers must still pay the highest of the certified AEWR, applicable prevailing wage, CB rate, or federal/state minimum. Read Fisher Phillips’ summary and DOL’s announcement for the key dates and details.

Complicating matters, USDA has now moved to discontinue the Farm Labor Survey (FLS)—the very survey the 2010 method relies on to set most AEWRs. Trade press reports note NCAE and others applauding the change, while policy coverage highlights the tension this creates for DOL’s wage setting. See The Packer’s coverage of NCAE’s reaction and DTN/Progressive Farmer’s policy explainer.

For reference and ongoing updates, keep this AEWR page handy; it’s your source of truth for current state rates and methodology notes.

So…can we relax?

Short answer: not if you want to sleep well at night. Enforcement remains active and expensive when documentation falls short. A recent DOL case ordered hundreds of thousands in back wages and penalties after investigators pieced through records and found violations—and that’s not an outlier. A study by the Government Accountability Office (GAO) has documented that H-2A cases account for a large share of back wages in agriculture across recent years. Translation: even with simpler wage picking, you’ll still be asked to prove the who/what/where/when/how for every worker, task, and pay basis.

Ask yourself: if a DOL investigator arrived this Friday, could you export a single file showing a worker’s hours, breaks, tasks, piece counts, rates, and adjustments (plus the wage source) within minutes? Or will your operation grind to a halt, while you search through old records?

This ruling is a win, but documentation remains mission-critical

• Wage clarity ≠ compliance immunity. Reverting to 2010 simplifies selection but doesn’t change the burden of proof. You still need precise, consistent records that tie pay to actual work performed. 

• Audits reward the prepared. Investigators care about traceability, not good intentions. 

• Policy winds may keep shifting. With USDA moving to end the FLS—even as DOL points back to the 2010 method—monitoring your wage basis and keeping your rationale documented becomes even more important.

Here's your audit-ready H-2A data strategy

Below is a practical, field-tested framework we recommend to growers who want to be “audit-ready in minutes,” not “paper hunters for hours.”

1. Standardize roles and tasks.
   Define each task (e.g., thinning, picking, tractor operations) and map it to pay basis (hourly vs. piece-rate) and wage source (AEWR, prevailing, CB, or minimum). In FieldClock, you can easily configure consistent wage rates so that every time entry ties to a known job type. This kills the dreaded “miscellaneous hours” bucket that raises eyebrows.

2. Capture time at the source, not from memory.
   Clock-ins, task switches, and breaks should be captured in real time. FieldClock records changes on the spot—even offline—with automatic sync later. Real-time entries create an unbroken line of accountability for each shift.

3. Separate your pay types and prove transitions.
   If a worker moves from hourly pruning to piece-rate picking, close one task and open another with the correct rate. FieldClock enforces task-level pay types, tracks piece counts, and preserves the transition history so you can show precisely when and why the pay basis changed.

4. Nail meal and rest breaks.
   Configure mandatory break prompts and capture start/stop (or on-the-clock paid policies) to avoid reconstructing breaks from sticky notes and best guesses.

5. Clean exports for auditors (and employees).
   Your goal is a one-click CSV/PDF export or printout showing worker/day/task granularity, piece-rate tallies, adjustments, and notes, plus the ability to filter by crew, field, or date. The faster you produce it, the shorter the audit.

6. Change management with an audit trail.
   Document who changed what, when, and why. FieldClock tracks edits and notes so your explanation isn’t “because the office said so.”

7. Retention and security.
   Use role-based permissions so supervisors see what they need and nothing more. Store all digital labor data on secure servers and confirm that any software you use operates in the highest data security compliance. FieldClock secured SOC 2 Type 2 compliance in 2025, so our users can trust that their data is being safely stored with each transaction.

8. Run mock audits quarterly.
   Pick a pay period and reconstruct it as if a DOL agent arrived unannounced. Can you pull the roster, tasks, wage sources, breaks, piece counts, housing/transport notes, and pay stubs within 15 minutes? If not, tune your setup now, before it gets real!

Quick checklist for your next pay period

• Are you on the current state AEWR and is your rationale documented?

• Do your job codes match how you actually pay (hourly vs. piece-rate)?

• Are breaks captured consistently and verifiably?

• Can you export a single PDF with hours, tasks, pieces, rates, adjustments, and wage source for any worker, any week?

• If a supervisor or bookkeeper left tomorrow, would your data still stand on its own?

Unsure about any of these items or looking for a little advice? Book a 20-minute “audit-ready” tune-up. We’ll review your current operation: job codes, breaks, piece-rate handling, wage sources, and export formats to spot potential red flags.