DOL proposes rule modifying AEWR methodology for H-2A wages

The U.S. Dept. of Labor is set to modify the methodology used to determine the hourly Adverse Effect Wage Rates (AEWR) for the H-2A program. According to the Federal Register notice, the proposed changes will “better enable the department” to ensure the employment of H-2A workers will not adversely affect the wages of similarly employed workers in the United States. What this means is:
 
    •    For field and livestock worker occupations, which represent most agricultural jobs, the proposed rule continues to use the average annual hourly wage for field and livestock workers (combined) for the state or region, as reported by the U.S. Department of Agriculture’s Farm Labor Survey (FLS).
    •    For all other agricultural jobs, which are not adequately represented or reported by the current FLS data, the department proposes to set the AEWRs using the statewide or national average annual hourly wages for the occupational classification reported by the Bureau of Labor Statistics Occupational Employment and Wage Statistics Survey (OEWS) program.
    •    Where the job opportunity covers more than one occupational classification, the department proposes to set the AEWRs based on the highest wage for the applicable occupations.
 
The DOL’s proposal to determine occupation-specific AEWRs has also been referred to as disaggregation.  This approach, which affects those occupations not covered by the field and livestock worker (combined) category, would result in a higher adverse effect wage rate for those in supervisory, construction, equipment operation, truck driving, and other occupations.
 
The next step is to get as many people as possible to submit comments regarding the proposed rule.  Interested parties and stakeholders are invited to submit written comments by Jan. 31, 2022.  This may be our one chance to suggest changes to the current process.