The adverse effect wage rates (AEWRs) have been updated by the U.S. Department of Labor for agricultural occupations. The new rates for H-2A workers are based on the Occupational Employment and Wage Statistics (OEWS) survey. This significantly impacts producers in the Southeast, especially in Florida, Georgia, Alabama, South Carolina and North Carolina.
For Florida the new AEWRs for field and livestock workers are $10.87 (skill level I) and $13.41 (skill level II); for Georgia, the new AEWRs for field and livestock workers are $10.80 (skill level I) and $14.72 (skill level II); for Alabama, the new AEWRs for field and livestock workers are $10.61 (skill level I) and $14.80 (skill level II).
For North Carolina, the new AEWRs for field and livestock workers are $11.15 (skill level I) and $15.13 (skill level II), and for South Carolina, the new AEWRs for field and livestock workers are $11.02 (skill level I) and $14.83 (skill level II).
Florida and Georgia, along with states covered by the court order in Kansas et al. v. U.S. Department of Labor, there will be a two-week implementation period, and the updates will take effect on Monday, Aug. 17. In states and territories not covered by the court order, the rates became effective on Aug. 3.
Employers should use this period to review payroll, existing H-2A contracts and future job orders to remain in compliance.
The Department of Labor issued an Interim Final Rule last October, introducing a new methodology for determining AEWR by using the OEWS survey.