New H-2A Adverse Effect Wage Rates (AEWR) Announced

On December 15, 2021, the United States Department of Labor (DOL) issued a notice announcing the new Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal non-immigrant foreign workers (H-2A workers) to perform agricultural labor or services.

"AEWRs are the minimum wage rates the DOL has determined must be offered and paid by employers to H–2A workers and workers in corresponding employment so that the wages and working conditions of workers in the United States (U.S.) similarly employed will not be adversely affected.

"The Department's H-2A regulations at 20 CFR 655.122 (l) provide that employers must pay their H-2A workers and workers in corresponding employment at least the HIGHEST of: (i) The AEWR; (ii) the prevailing hourly wage rate; (iii) the prevailing piece rate; (iv) the agreed-upon collective bargaining wage rate, if applicable; or (v) the Federal or State minimum wage rate, in effect at the time the work is performed."

Effective December 29, 2021, the AEWR for H-2A workers in California will increase from $16.05 to $17.51 per hour.

For a full copy of the DOL's notice click here

Source: Grower-Shipper Association of Santa Barbara and San Luis Obispo Counties