[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Notices]
[Page 70840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28934]


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DEPARTMENT OF LABOR

Employment and Training Administration


Labor Certification Process for the Temporary Employment of 
Aliens in Agriculture in the United States: Adverse Effect Wage Rate 
for Range Occupations Through 2016

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.

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SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department) is issuing this notice to announce the 
new Adverse Effect Wage Rate (AEWR) for the employment of temporary or 
seasonal nonimmigrant foreign workers (H-2A workers) to perform herding 
or production of livestock on the range.
    AEWRs are the minimum wage rates the Department has determined must 
be offered and paid by employers to H-2A workers and workers in 
corresponding employment so that the wages of similarly employed U.S. 
workers will not be adversely affected. 20 CFR 655.100(b). In this 
notice, the Department announces the new AEWR for workers engaged in 
the herding or production of livestock on the range, as required by the 
methodology established in the Temporary Agricultural Employment of H-
2A Foreign Workers in the Herding or Production of Livestock on the 
Range in the United States, 80 FR 62958, 63067-63068 (Oct. 16, 2015); 
20 CFR 655.211.

DATES: Effective Date: This notice is effective November 16, 2015.

FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, Acting 
Administrator, Office of Foreign Labor Certification, U.S. Department 
of Labor, Room C-4312, 200 Constitution Avenue NW., Washington, DC 
20210. Telephone: 202-693-3010 (this is not a toll-free number). 
Individuals with hearing or speech impairments may access the telephone 
number above via TTY by calling the toll-free Federal Information Relay 
Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: On October 16, 2015, the Department 
published regulations in the Federal Register establishing standards 
and procedures for employers seeking to hire foreign temporary 
agricultural workers for occupations involving the herding and 
production of livestock on the range. Temporary Agricultural Employment 
of H-2A Foreign Workers in the Herding or Production of Livestock on 
the Range in the United States, 80 FR 62958 (Oct. 16, 2015) (H-2A 
Herder Rule). Effective for all work performed on or after November 16, 
2015, including for work certified under earlier special procedures, 
the H-2A Herder Rule requires employers to offer, advertise in 
recruitment and pay each worker employed under 20 CFR 655.200-655.235 a 
wage that is at least the highest of: (i) The monthly AEWR, (ii) the 
agreed-upon collective bargaining wage, or (iii) the applicable minimum 
wage imposed by Federal or State law or judicial action. 20 CFR 
655.211(a)(1). Further, when the monthly AEWR is adjusted during a work 
contract, and is higher than both the agreed-upon collective bargaining 
wage and the applicable minimum wage imposed by Federal or State law or 
judicial action in effect at the time the work is performed, the 
employer must pay that adjusted monthly AEWR upon publication by the 
Department in the Federal Register. 20 CFR 655.211(a)(2).
    As provided in 20 CFR 655.211(c) of the H-2A Herder Rule, the 
methodology for establishing the monthly AEWR for range occupations in 
all states is based on the current Federal minimum wage ($7.25/hour) 
multiplied by 48 hours per week, and then multiplied by 4.333 weeks per 
month. In applying the transition wage rate methodology set forth under 
20 CFR 655.211(d)(1), the Department is setting the initial national 
monthly AEWR at 80 percent of the full wage calculated using the H-2A 
Herder Rule methodology. Thus, the national monthly AEWR rate for all 
range occupations in the H-2A program is calculated at (7.25 x 48 x 
4.333 x .80 = 1,206.31) or $1,206.31.\1\
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    \1\ Because less than two months remain in 2015, and the AEWR 
for workers engaged in the herding or production of livestock on the 
range announced in this notice applies through calendar year 2016 
under 20 CFR 655.211(d), a separate notice will not be issued for 
2016. Beginning with 2017, an updated AEWR will be published 
annually.
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    Accordingly, any employer certified or seeking certification for 
range workers must pay each worker a wage that is at least the highest 
of the monthly AEWR of $1,206.31, the agreed-upon collective bargaining 
wage, or the applicable minimum wage imposed by Federal or State 
legislation or judicial action, effective immediately. Given the mid-
month effective date of the new AEWR, the prorated amount due for 
employers obligated to pay the new AEWR for work performed for the 
portion of November following the effective date is $603.15.

Portia Wu,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2015-28934 Filed 11-13-15; 8:45 am]
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