March 21, 2005

ISSUE 1055


DOL DECREASES H-2A WAGE RATE

The U.S. Department of Labor (DOL) recently published in the Federal Register the 2005 adverse effect wage rates (AEWR) for employers seeking to employ nonimmigrant alien workers for temporary or seasonal agricultural work. DOL's regulations for the H-2A program require that covered employers offer and pay their U.S. and H-2A workers no less than the applicable hourly adverse effect wage rate.

Under the regulations, H-2A employers must pay to both H-2A and U.S. workers the AEWR, the prevailing wage rate, or the federal minimum wage rate -- whichever is higher. The AEWR is equal to the annual weighted average hourly rate for field and livestock workers (combined) for the state as published annually by the U.S. Department of Agriculture. For Florida, the new AEWR is $8.07 per hour, which is equal to last year's average hourly earnings of field and livestock workers in Florida.

 

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