Secretary Perdue Commentary on DOL’s H2A Wage Rule

Secretary Perdue Commentary on DOL’s H2A Wage Rule

(Washington, D.C., November 2, 2020) – U.S. Secretary of Agriculture Sonny Perdue on the present time praised the Division of Labor’s (DOL) current H2A Wage Rule, which delivers on President Trump’s promise to stabilize farm labor costs and reform the H-2A wage payment.

“This rule reveals all over all as soon as more President Trump’s dedication to The usa’s farmers by handing over decrease costs when they need it essentially the most,” acknowledged Secretary Perdue. “Over the final a couple of years farm wages maintain increased at a increased sail than various industries, which is why this DOL rule might maybe no longer arrive at a higher time. This is an example of exact executive that will accumulate constructive higher balance for farmers and assist them accumulate long flee industry choices as opposed to coping with uncertainty yr after yr.”

Background:

DOL’s closing rule updates the methodology for determining the annual Negative Discontinuance Wage Charges (AEWRs) within the H-2A visa program. The present rule improves the consistency of the AEWRs, offers stronger protections for workforce, and establishes higher balance and predictability for employers in complying with their wage tasks.

For the overwhelming majority of agricultural jobs, the rule stabilizes the wage payment through calendar yr 2022 by utilizing the favored hourly wages for field and farm animals workers (combined), as reported by the U.S. Division of Agriculture’s Farm Labor Peer printed in November 2019, because the AEWRs for field and farm animals worker occupations. Beginning in 2023, and yearly thereafter, DOL will adjust these AEWRs by the percentage replace within the Bureau of Labor Statistics’ (BLS) Employment Value Index for wages and salaries for the previous 12-month period. 

For all various agricultural jobs, DOL will space and yearly adjust the AEWRs using the favored hourly wages for the occupational classification reported by the BLS Occupational Employment Statistics (OES) Peer program.  These agricultural jobs are on the whole supervisory or increased professional/uniquely professional, equivalent to construction jobs, which pay increased wages than typical farming occupations. 

The adjustments applied on this rule furthermore address stakeholder concerns relating to the aptitude for significant and unpredictable wage adjustments from yr-to-yr linked with DOL’s prior AEWR methodology, while making sure higher wage protections for United States workers equally employed in increased-professional agricultural jobs. Extra predictable wage adjustments within the H-2A program will assist American farmers thought and rate range for his or her team wants, and accumulate constructive wages within the H-2A program employ sail with step by step rising wages within the broader financial system. By taking this action, DOL is conserving U.S. workers and helping farmers employ meals on The usa’s tables.

DOL intends to peril a second closing rule to finalize the rest of the July 29, 2019, proposed rule that will govern various components of the certification of agricultural labor or companies and products performed by H-2A workers, and enforcement of the contractual tasks appropriate to employers of such nonimmigrant workers.

Study the closing rule here. The closing rule will submit within the Federal Register at a later date.

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