New H-2A Adverse Effect Wage Rates applicable as of July 8, 2024
The Employment and Training Administration of the Department of Labor (DOL) has announced updates to the Adverse Effect Wage Rates (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform agricultural labor or services other than the herding or production of livestock on the range.
AEWRs are the minimum wage rates DOL has determined must be offered, advertised in recruitment, and paid by employers to H-2A workers and workers in corresponding employment so that the wages and working conditions of workers in the United States similarly employed will not be adversely affected. The AEWRs are applicable to H-2A job opportunities classified: in Standard Occupational Classification (SOC) codes other than the six SOC codes comprising the field and livestock workers (combined) group, and in the field and livestock workers (combined) occupational group that are located in States or regions, or equivalent districts or territories, for which the United States Department of Agriculture's Farm Labor Report (better known as the Farm Labor Survey, or FLS) does not report a wage.
These select new rates are applicable July 8, 2024. They supersede the 2024 rates announced in December 2023.
For example, the OEWS AEWR rates for several occupations in California are as follows:
- Farm Supervisors $28.89
- Shuttle Drivers $20.67
- Farm Mechanics $26.92
- Heavy Truck Drivers $28.02
A preview of non-range OEWS-based AEWR rates that go into effect on July 8 is available from the Employment and Training Administration.
DOL H-2A regulations provide that employers must pay their H-2A workers in non-range occupations and workers in corresponding employment at least the highest of various wage sources, including the AEWR. Further, when the AEWR is updated during a work contract, the employer must pay at least that updated AEWR upon the effective date of the new AEWR, if the updated AEWR is higher than the highest of the previous AEWR, a prevailing rate for the crop activity or agricultural activity and, if applicable, a distinct work task or tasks performed in that activity and geographic area, the agreed-upon collective bargaining wage, the Federal minimum wage rate, or the State minimum wage rate. Similarly, when the AEWR is updated during a work contract and is lower than the wage rate that is guaranteed on the job order, the employer must continue to pay at least the wage rate guaranteed on the job order.
For questions regarding the updated wage rates or any other employment concern, please contact Rosasco Law Group; we are here to help.
