The U.S. Department of Labor (DOL) recently published in the Federal Register the 2008 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 or state 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 USDA. For Florida, the new AEWR is $8.82 per hour, which is 26 cents higher than last year’s AEWR of $8.56 per hour. The new AEWR is effective as of Feb. 26, 2008.
Also, effective Feb. 26, the allowable meal charge is increased to $9.90 per day. This is the figure used to determine the meal allowance for workers during their trip to and from the place of recruitment if they have no meal receipts.
If you are interested in the H-2A program, contact FFVA’s Labor Relations Division for additional information.
