Effective March 15, 2010 the Adverse Effect Wage Rates (AEWR) and meal charges will increase.

The employer must offer and pay their H–2A and U.S. workers the highest of the AEWR, the prevailing hourly wage rate, the prevailing piece rate, the agreed-upon collective bargaining rate, or the Federal or State minimum wage rate, in effect at the time work is performed.

The revised AEWR for each state is listed here in the Federal Register: In addition, the charge the employer may impose for three meals a day has increased to no more than $10.64 per day. DOL regulations at 20 CFR 655.122(g) require the employer to provide each worker three meals a day (for which it is permitted to charge the workers) or free and convenient cooking and kitchen facilities. When the employer provides meals to its workers, it must state in the job offer the meal charge, if any, the employer will impose on the workers for the meals provided.

The H-2A employer may charge workers no more than this maximum amount unless the employer receives permission from the DOL to charge a higher amount.

Here are some blog posts with other information relevant to H-2A Agricultural Workers:

 

For information about Employee Rights & Immigration Rights Attorneys Michael F. Brown and Vonda K. Vandaveer, please visit here.

This blog is authored by Employee and H-1B Rights Attorney Michael Brown, and Immigration Attorney Vonda K. Vandaveer of the law firm V.K. Vandaveer, P.L.L.C.

DISCLAIMER: The information in this article is NOT legal advice, nor does it establish an attorney-client relationship between you and the attorneys or law firms above. Legal advice often varies among situations. If you want legal advice for your specific circumstances, you must consult with an attorney.