US DOL increases AEWR rates

The U.S. Department of Labor (DOL) has released new Adverse Effect Wage Rates (AEWR) for the employment of temporary H-2A agricultural workers by state.

The increased rates go into effect Dec. 30. The Federal Register notice, which provides state breakdowns, can be read here.

The rate increases for the major produce producing states:

• $17.04 Arizona
• $19.97 California
• $17.84 Colorado
• $16.23 Florida
• $16.08 Georgia
• $16.83 Florida
• $18.83 Maine
• $17.96 Maryland
• $18.15 Michigan
• $18.15 Minnesota
• $18.83 New Hampshire
• $17.96 New Jersey
• $17.96 Pennsylvania
• $18.83 New York
• $16.16 North Carolina
• $19.57 Ohio
• $19.82 Oregon
• $16.08 South Carolina
• $15.79 Texas
• $18.83 Vermont
• $19.82 Washington
• $18.15 Wisconsin

For Florida, the change represents an increase of approximately 10% from the previous year’s rate of $14.77, according to a news release from the Florida Fruit & Vegetable Association (FFVA). The increases were anticipated, according to FFVA.

In August, a federal court in Georgia temporarily blocked the DOL’s new farmworker protection rule in 17 states, including Florida. One of the enjoined rule’s provisions required implementation of new AEWRs upon publication. For those states not named in the lawsuit (Kansas et. al. v. U.S. Department of Labor), the new AEWR rates are effective immediately.

 

 

“America’s farmers, ranchers, and agricultural employers are committed to paying a fair wage for the men and women who choose to work for them. However, the DOL’s haphazard process to implement the new wage rates follows several federal court decisions that found the new H-2A regulations to be illegal…,” stated the Agriculture Workforce Coalition, of which FFVA is a founding member and current steering committee member.

“The new Administration needs to correct the DOL’s regulatory overreach, and Congress must adopt needed reforms to ensure the future viability of America’s family farms.”

FFVA and other industry organizations submitted a letter to U.S. Secretary of Agriculture Tom Vilsack addressing the ongoing challenges related to agricultural labor and the H-2A visa program.

The signatories stated that DOL’s misuse of USDA’s Farm Labor Survey (FLS) to establish the AEWR is inconsistent with the intent of the survey, and that the FLS’ current methodology leads to unsustainable wage spikes. In the letter, they proposed changes, including reporting an annual average hourly base wage and expanding the survey’s sample size. Read the letter here.