Jan 24, 2020

H-2A employers deal with 2020 Adverse Effect Wage Rate

The U.S. Department of Labor’s H-2A regulations (20 CFR 655.120(l)) require employers to pay H-2A temporary agricultural workers and workers in corresponding employment at least the highest of the:

• Adverse Effect Wage Rate (AEWR);
• Prevailing wage;
• Prevailing piece rate;
• Agreed-upon collective bargaining wage (if applicable); or
• Federal or State minimum wage in effect at the time the work is performed.

Except as otherwise provided in 20 CFR part 655, subpart B, the region-wide AEWR for all agricultural employment (except those occupations deemed inappropriate under the special procedure provisions of 20 CFR 655.102) for which temporary H-2A certification is being sought is equal to the annual weighted average hourly wage rate for field and livestock workers (combined) for the region as published each year by the U.S. Department of Agriculture (USDA).

List of Adverse Effect Wage Rates by State for 2020

The 2020 AEWRs to be paid for agricultural work performed by U.S. and H-2A workers is listed in the table below. The AEWRs were published in the Federal Register on Dec. 19, 2019, and became effective on Jan. 2, 2020.

Historical State AEWRs

• Adverse Effect Wage Rates by State from 2014 to Present