Overview
Title
Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2021 Adverse Effect Wage Rates for Non-Range Occupations
Agencies
ELI5 AI
In 2021, the Department of Labor said how much money farmers must pay workers from other countries who come to help with farming, to make sure it is fair and doesn't make local workers get paid less. They had to do this because a court told them it was important and needed to be done right away.
Summary AI
The Employment and Training Administration (ETA) announced the 2021 Adverse Effect Wage Rates (AEWR) for hiring temporary foreign workers (H-2A workers) for agricultural jobs, not including livestock herding. The AEWR sets the minimum wage employers must pay to ensure U.S. workers' wages are not negatively impacted. The announcement follows a court order requiring the Department to publish these rates by a specific deadline. The current 2021 rates are based on data from the U.S. Department of Agriculture's 2020 Farm Labor Report and are effective immediately.
Abstract
The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2021 Adverse Effect Wage Rates (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform agricultural labor or services other than the herding or production of livestock on the range. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular occupation and area so that the wages and working conditions of similarly employed workers in the United States will not be adversely affected. In this notice, the Department announces updates of the AEWRs, which are effective immediately pursuant to a recent federal court order. Supplemental Order Regarding Preliminary Injunctive Relief, United Farm Workers, et al. v. U.S. Dep't of Labor, et al., No. 20-cv-1690 (E.D. Cal. Jan. 12, 2021), ECF No. 39.
Keywords AI
Sources
AnalysisAI
The Federal Register document outlines the announcement by the Employment and Training Administration (ETA) regarding the 2021 Adverse Effect Wage Rates (AEWR) for hiring temporary foreign agricultural workers under the H-2A visa program. This notice affects employers looking to hire H-2A workers for jobs other than livestock herding. The AEWR represents the minimum wage employers must offer so that U.S. workers’ wages remain competitive and are not negatively affected by foreign labor. The document emerges in response to a federal court order mandating the publication of these rates by a specific deadline. The rates are derived from the U.S. Department of Agriculture's 2020 Farm Labor Report, and they are effective immediately.
Significant Issues and Concerns
There are several complexities within the document that present challenges for the general public. First, the document frequently references legal proceedings and statutes, such as the case United Farm Workers v. U.S. Dep't of Labor. These references can be unclear without a legal background, making it difficult for a general audience to fully understand the implications.
Moreover, the wage determination process described in the document involves multiple laws and regulations. This includes references to specific U.S. Codes and federal rules, which may be complicated for non-experts to comprehend. The document's explanation of an evolving methodology for determining these wage rates, without providing detailed background context, may lead to confusion.
Additionally, the judicial orders mentioned, which impact the AEWR, are provided with minimal explanation. Understanding the effects of these orders may require further legal context that is not provided in the document.
Broad Public Impact
This announcement holds significant implications for both U.S. employers within the agricultural sector and the foreign workers they hire. For the public at large, there may be indirect effects, particularly regarding consumer costs associated with agricultural products. A change in wage rates could potentially affect the prices of produce and other goods that depend on agricultural labor.
Impact on Specific Stakeholders
Employer Impact: For employers utilizing the H-2A program, the updated wage rates may increase labor costs. They must now ensure payment of these specific rates, which are designed to prevent the undercutting of local wages. This adjustment may require employers to revise their budget allocations for labor costs.
Worker Impact: For H-2A and U.S. workers performing similar jobs, this announcement ensures a safeguard on wage levels, aiming to protect against wage suppression due to foreign labor competition. However, with the court’s reservation on awarding potential backpay differences from the 2020 wage rates, some workers might experience uncertainties regarding compensation for past work periods.
In summary, while the document aspires to clarify and enforce fair wage standards through the AEWRs, its presentation is legally complex. The general public and affected stakeholders may need further guidance or context to navigate the implications effectively. The proactive protection of fair wage standards exemplifies a positive step towards ensuring equitable pay within the agricultural sector, but it requires careful consideration of the involved procedural and regulatory nuances.
Issues
• The document contains legal references (e.g., United Farm Workers v. U.S. Dep't of Labor, 20-cv-1690) that may not be immediately clear to all readers, requiring familiarity with legal proceedings or additional research.
• The description of the wage determination process under multiple laws and regulations (such as 8 U.S.C. 1101(a)(15)(H)(ii)(a); 20 CFR 655.100) may be complex and difficult for non-experts to grasp.
• Frequent references to various federal rules (e.g., 2020 AEWR final rule, 2010 rule) without extensive background information could lead to confusion about the evolution of the wage rate methodologies.
• Details about judicial orders impacting the wage rates (such as those from the U.S. District Court for the Eastern District of California) might not be easily understood without additional legal context.
• The document refers readers to links for further details (e.g., https://www.dol.gov/agencies/eta/foreign-labor/news) without describing the specifics of those online contents, requiring them to navigate external resources for full context.
• Specialized terms such as 'Adverse Effect Wage Rates' (AEWR), 'prevailing wage rate,' and 'collective bargaining wage rate' might require additional explanation for those unfamiliar with labor certification and wage determination processes.