The Department of Labor (DOL) has released a final rule which sets terms for how the agency plans to set the Adverse Effect Wage Rates (AEWR) for H-2A workers in the wake of USDA's decision to halt data collection and release of its Farm Labor Survey (FLS) report.
DOL is putting forth the rule even as court has ordered USDA to continue the survey while a court challenge brought by United Farmworkers unions proceeds, citing USDA's decision as a factor in expediting the process. But some other aspects of the DOL proposed rule on this topic will come at a later time.
DOL's final rule would set AWERs for field and livestock workers through calendar year 2022 on average hourly wages included in the November 2019 FLS. After 2023, the final rule proposes fixing AEWR increases annually for those positions based on the change in the Bureau of Labor Statistics' (BLS) Employment Cost Index (ECI) for wages and salaries for the preceding 12-month period.
Expectations are the DOL final rule could be challenged in court as well plus the ongoing litigation over USDA's decision on the FLS could also impact the final outcome.