THE NEW H2-A AEWR NUMBERS ARE OUT
As the new year fast approaches, with it comes the annual calculation of the Adverse Effect Wage Rate (AEWR) based on the U.S. Department of Agriculture’s Farm Labor Survey. The AEWR, issued by the Department of Labor, determines the minimum wage rate for H-2A workers in each state for the coming year.
A little historical background on the AEWR: According to the Department of Labor, AEWRs are the minimum hourly wage rates that must be offered and paid by employers to H-2A workers and workers in corresponding domestic employment. The AEWR is adjusted for range occupations annually based on the Employment Cost Index (ECI) for wages and salaries published by the BLS. An employer seeking to employ foreign workers under the H-2A program is required to offer, advertise in its recruitment, and pay a wage that is at least equal to the AEWR when it is the highest applicable wage rate among the wage sources applicable to the employer's job opportunity. For range occupations, the wage offered and paid to H-2A workers and workers in corresponding employment must equal or exceed the monthly AEWR, the agreed-upon collective bargaining wage, or the applicable minimum wage imposed by Federal or State law or judicial action, whichever is highest.
The OFLC Administrator adjusts the hourly AEWRs for all other occupations at least annually. An employer seeking to employ foreign workers under the H-2A program is required to offer, advertise in its recruitment, and pay a wage that is at least equal to the AEWR when it is the highest applicable wage rate among the wage sources applicable to the employer's job opportunity. For non-range occupations, the wage offered and paid must equal or exceed the hourly AEWR, the prevailing wage rate (if available), the Federal minimum wage, the State minimum wage, or the agreed-upon collective bargaining rate, whichever is highest.
Importantly, in the event an employer's job opportunity requires the performance of agricultural labor or services that are not encompassed in a single SOC (standard occupational classification) code's description and tasks, the applicable AEWR will be the highest AEWR for all applicable SOCs.
And now for the numbers you have all been waiting for. Effective December 16, 2024, the hourly AEWR for non-range occupations for field workers and livestock workers in California is $19.97 and in Arizona is $17.04. These six SOC codes include 45-2041 - Graders and Sorters, Agricultural Products, 45-2091 - Agricultural Equipment Operators, 45-2092 - Farmworkers and Laborers, Crop, Nursery, and Greenhouse, 45-2093 - Farmworkers, Farm, Ranch, and Aquacultural Animals, 53-7064 - Packers and Packagers, Hand, and 45-2099 - Agricultural Workers, All Other.
Rosasco Law Group specializes in helping employers with every type of employment issue, including our clients in the agricultural sector. Please contact our office if you have any questions on the new AEWR wage numbers discussed above or any other pressing workplace issues you may have.
