The Department of Labor (DOL) has released updated Adverse Effect Wage Rates (AEWRs) for “non-range” H-2A occupations, now published in the Federal Register. These rates are effective as of Dec. 16, 2024, for employers not covered by the Kansas v. U.S. Department of Labor injunction. For employers in the 17 states affected by the injunction, the updated rates will take effect on Dec. 30, 2024. The rates are the same as those published in the Farm Labor Survey and previewed here.

The Kansas injunction impacts states including Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas and Virginia.

The AEWRs apply to six Standard Occupational Classification (SOC) codes commonly used for H-2A labor, such as Farmworkers and Laborers (Crop, Nursery, and Greenhouse – SOC 45-2092) and Agricultural Equipment Operators (SOC 45-2091). AEWRs are the minimum wages employers must pay H-2A workers and corresponding U.S. employees to avoid adverse effects on domestic labor conditions.

The DOL has clarified that when job duties span multiple SOC codes, the highest applicable AEWR will apply.

Employers with H-2A employees currently on payroll should ensure compliance with these updated wage requirements to meet regulatory standards.