WASHINGTON,
DC –
The U.S. Department of Labor announced early this November that the final rule
on the annual Adverse Effect Wage Rates (AEWRs) in the H-2A visa program aims
to protect farmers and American workers.
What is the Adverse Effect Wage Rates (AEWR)?
The AEWR is a
minimum wage rate that provides a floor below which the wages of agricultural
workers cannot be negotiated.
This requires
employers to pay the AEWR when it is the highest applicable wage is the primary
way the Department meets its statutory obligation to certify that the
employment of foreign workers will not adversely affect workers in the United
States similarly employed.
What benefit do we get from the update on the AEWR?
The new rule
improves the consistency of the AEWRs, provides stronger protections for
workers, and establishes better stability and predictability for employers in
complying with their wage obligations.
According to Assistant
Secretary for Employment and Training John Pallasch, “this final rule provides
greater consistency and predictability in the H-2A nonimmigrant visa program.” He
also added and said that, “it is a victory for farmers, agricultural workers,
and the American people, who rely on a vibrant agricultural sector to supply
food for our families.”
The AEWRs for
agricultural jobs are expected to be adjusted by the Department annually using
the average hourly wages for the occupational classification reported by the BLS
Occupational Employment Statistics (OES) Survey program.
How does the adjustment of AEWR work per occupation?
These
agricultural jobs are often supervisory or higher skilled/uniquely
skilled, such as construction jobs, which pay higher wages than typical
farming occupations. Using the OES survey to establish AEWRs for these
higher-skilled jobs will allow the Department to consistently establish
occupation-specific AEWRs to better reflect the wages paid for such jobs and
better protect against adverse effect on similarly employed United States
workers.
This wage
adjustment is believed to be substantial in protecting U.S. workers and helping
farmers keep food on America’s tables.
The
Department intends to issue a second final rule to finalize the remainder of
the July 29, 2019, proposed rule that will govern other aspects of the
certification of agricultural labor or services performed by H-2A workers, and
enforcement of the contractual obligations applicable to employers of such
nonimmigrant workers.
The mission
of the Department of Labor is to foster, promote and develop the welfare of the
wage earners, job seekers and retirees of the United States; improve working
conditions; advance opportunities for profitable employment; and assure
work-related benefits and rights.