New H-2A Wage Rates Effective Immediately

Washington, D.C. - As they say, close only counts in horseshoes and hand grenades.  In that vein, late efforts by the Trump administration to reconfigure how to set the required wages that most often apply for H-2A workers and U.S. workers doing any of the same tasks came close, but not close enough. As you might recall, the new H-2A wage rule was blocked in federal court in December.

As directed by the courts, USDA has published the new Farm Labor Survey from which the “Adverse Effect Wage Rates” (AEWRs) are derived. On Tuesday, February 23, the Department of Labor published those wages in the Federal Register. The new wages take effect immediately.

To reflect a bit on the new numbers, first, every state sees an increase this year.  The Delta region (Arkansas, Louisiana, Mississippi) sees the smallest one, just $0.05, for an $11.88 AEWR.  California takes the biggest hit, with a $1.28 increase, to $16.05. The national average increase is $0.63, to $14.62. The nation’s highest AEWR is in Washington and Oregon, at $16.34. Pennsylvania is at $14.05.

The court has not yet determined whether to require back pay at the beginning of the year or even at December 23, the date the court enjoined the rule.

Federal legislative reform is again the only realistic route to addressing the extremely high-cost structure of the H-2A program. AmericanHort is a leader in the federal legislative reform effort. Hope springs eternal.