On December 15, 2021, the Employment Training Administration (ETA) of the Department of Labor (DOL) issued its notice to announce the 2022 Adverse Effect Wage Rates (AEWR) for the employment of temporary and seasonal workers under the H-2A program. Employers must pay their H-2A workers and workers in corresponding employment at least the highest of: (i) The AEWR; (ii) the prevailing hourly wage rate; (iii) the prevailing piece rate; (iv) the agreed-upon collective bargaining wage rate; or (v) the federal or state minimum wage rate in effect at the time the work is performed. The new AEWR takes effect on December 29, 2021. Earlier reports suggesting that the new AEWR would not take effect until January 2022 were misplaced.

When the AEWR is adjusted higher during a work contract, and is higher than the highest of the previous AEWR, employers must pay that adjusted AEWR on and after the effective date, December 29, 2021.
 

2022 Adverse Effect Wage Rates

For information about the H-2A program and for help securing H-2A workers, Western Growers members should contact Western Growers H-2A Services.