A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to the Adverse Effect Wage Rate Methodology.
- Sponsor
- Sen. Padilla, Alex [D-CA]
- Committees
- Judiciary Committee (primary)
- Last action
- Mar 26, 2026
Bottom line
S.J. Res. 152 is a legislative effort to block a Department of Labor rule that modifies how wages are calculated for H-2A agricultural guest workers, effectively maintaining the prior wage rate methodology.
What it actually does
This joint resolution, introduced under the Congressional Review Act (CRA), expresses congressional disapproval of a specific rule issued by the Department of Labor's Employment and Training Administration. The rule in question pertains to the methodology used to determine the Adverse Effect Wage Rate (AEWR) for temporary H-2A nonimmigrant workers in non-range occupations. If enacted, S.J. Res. 152 would prevent this DOL rule from taking effect, rendering it null and void.
Proponents argue
Proponents of this resolution argue that the Department of Labor's new AEWR methodology would impose undue financial burdens on agricultural employers, potentially leading to increased labor costs that could harm the viability of farms and ultimately raise food prices for consumers. They contend that the existing methodology is more appropriate and that the new rule introduces unnecessary complexity or unfair wage increases that do not accurately reflect market conditions for agricultural labor.
Opponents contend
Opponents of this resolution (and by extension, proponents of the DOL rule) would argue that the Department of Labor's revised AEWR methodology is necessary to ensure fair wages for H-2A guest workers, preventing wage depression for both foreign and domestic agricultural laborers. They would assert that the previous methodology may not adequately protect workers or reflect the true cost of labor, and that the new rule aims to provide more equitable compensation and improve working conditions for a vulnerable workforce.
The bill text is extremely short and straightforward, making it very accessible for a quick read. However, understanding its implications requires familiarity with the underlying DOL rule and the H-2A visa program.
Section 1
Disapproval of Department of Labor Adverse Effect Wage Rate Methodology Rule
This provision states that Congress disapproves the Department of Labor's rule regarding the Adverse Effect Wage Rate (AEWR) methodology for H-2A temporary agricultural workers, specifically referencing the rule published in the Federal Register on October 2, 2025. If this joint resolution passes both chambers of Congress and is signed into law (or passes over a presidential veto), the specified DOL rule will be nullified and will not take effect. This means the previous AEWR methodology would remain in place.
Supporters argue
Supporters argue that blocking the DOL rule is essential to protect agricultural businesses from unsustainable wage increases that could result from the new AEWR methodology. They contend that the rule would exacerbate existing labor cost challenges for farms, potentially leading to reduced production or increased reliance on automation.
Critics contend
Opponents argue that allowing the DOL rule to take effect is crucial for ensuring fair and competitive wages for H-2A workers, which in turn helps protect the wages of domestic farmworkers. They believe the new methodology is designed to better reflect labor market realities and provide a living wage for those performing essential agricultural work.
Tradeoffs
The provision highlights the tension between ensuring fair wages for agricultural workers and maintaining the economic viability of agricultural businesses. It also reflects differing views on how the Adverse Effect Wage Rate should be calculated to balance these competing interests.