Source: ANDREW JACKSON LAW, 11/2/20
DOL has announced a new rule on the methodology for setting the
Adverse Effect Wage Rate (AEWR) for H-2A workers. The new rule is about
to be published in the Federal Register and will become effective 45 days after
the publication date. Here is a link to DOL's FAQ sheet on implementation of the new wage
rule. In summary, the current state AEWRs for field and
livestock worker occupations are frozen through calendar year 2022.
Beginning in 2023, DOL will annually adjust the state AEWRs for wage
inflation. For all other agricultural occupations, such as Heavy and Tractor-Trailer
Truck Drivers (requiring a Class A CDL), DOL will annually adjust and set the
hourly AEWRs based on the statewide annual average of hourly wages for the
occupation as reported on the Bureau of Labor Statistics (BLS) OES
survey. If the OES survey does not report for the occupation, then DOL
will set the statewide AEWR for that occupation based on the
national annual average hourly wage reported by the OES survey. The
OES-based AEWR will adjust and publish about July 1 each year. We will notify those employers covered by the OES-based AEWR of
the applicable wage rate after the final rule is published and the exact
effective date is known. Regards, -- Andrew M. Jackson, Attorney Andrew Jackson Law P.C. 407 College St (28328) PO Box 27 Clinton, NC 28329-0027 Main office number: 910-592-4121 Cell: 910-214-6010
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