Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: Prevailing Wage Rates for Certain Occupations Processed Under H-2A Special Procedures, 1260-1264 [2013-00115]
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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices
Signed in Washington, DC on this 13th day
of December, 2012.
Jane Oates,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. 2013–00117 Filed 1–7–13; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Labor Certification Process for the
Temporary Employment of Aliens in
Agriculture in the United States:
Prevailing Wage Rates for Certain
Occupations Processed Under H–2A
Special Procedures
Employment and Training
Administration, Labor.
ACTION: Notice.
AGENCY:
The Department of Labor (we
or the Department) is issuing this notice
to announce new prevailing wage and
piece rates covering the employment of
temporary or seasonal nonimmigrant
foreign workers (H–2A workers) and
corresponding employees to perform
agricultural labor or services in certain
occupations with special procedures
established under 20 CFR 655.102 in the
H–2A program, including open range
production of livestock, itinerant animal
shearing, sheepherding, goatherding,
and custom combine operations. The
new prevailing wages are based on
surveys conducted by State Workforce
Agencies (SWA) of employers and
transmitted to the Department between
May 1, 2012 and June 1, 2012 in
accordance with the Department’s
Training and Employment Guidance
Letters (TEGLs) for these occupations.
For open range production of livestock,
sheepherding, and goatherding
occupations, which are characterized by
other than a reasonably regular workday
or workweek, the prevailing wage
results, reflected as monthly or daily
prevailing wage rates, are deemed to be
the Adverse Effect Wage Rates (AEWR)
for those occupations.
DATES: This notice is effective January 8,
2013.
FOR FURTHER INFORMATION CONTACT: For
further information, contact William L.
Carlson, Ph.D., Administrator, Office of
Foreign Labor Certification,
Employment and Training
Administration, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Room C–4312, Washington, DC 20210;
Telephone (202) 693–3010 (this is not a
toll-free number). Individuals with
hearing or speech impairments may
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SUMMARY:
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access the telephone number above via
TTY by calling the toll-free Federal
Information Relay Service at 1–800–
877–8339.
SUPPLEMENTARY INFORMATION: The H–2A
nonimmigrant worker visa program
enables United States (U.S.) agricultural
employers to employ foreign workers on
a temporary basis to perform
agricultural labor or services. Section
101(a)(15)(H)(ii)(a) of the Immigration
and Nationality Act (INA or the Act), 8
U.S.C. 1101(a)(15)(H)(ii)(a); see also 8
U.S.C. 1184(c)(1) and 1188. The INA
authorizes the Secretary of the
Department of Homeland Security
(DHS) to permit employers to import
foreign workers to perform temporary
agricultural labor or services of a
temporary or seasonal nature if the
Secretary of the U.S. DOL (Secretary)
certifies that: (1) There are not sufficient
U.S. workers who are able, willing, and
qualified, and who will be available at
the time and place needed to perform
the labor or services involved in the
petition; and (2) the employment of the
foreign worker(s) in such labor or
services will not adversely affect the
wages and working conditions of
workers in the U.S. similarly employed.
8 U.S.C. 1188(a)(1). The Department’s
H–2A regulations at 20 CFR 655.120(a)
provide that 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 or piece rate;
(iii) the agreed-upon collective
bargaining wage, if applicable; or (iv)
the Federal or State minimum wage, in
effect at the time the work is performed,
except where a special procedure has
been approved for use in an occupation
or specific class of agricultural
employment.
On June 14, 2011, the Department
issued four TEGLs revising special
procedures for occupations involved in
the open range production of livestock,
itinerant animal shearing, sheepherding
and goatherding, and custom combine
operations in the H–2A program. TEGL
No. 15–06, Change 1, Special
Procedures: Labor Certification Process
for Occupations Involved in the Open
Range Production of Livestock under the
H–2A Program; TEGL No. 17–06,
Change 1, Special Procedures: Labor
Certification Process for Employers in
the Itinerant Animal Shearing Industry
under the H–2A Program; TEGL No. 32–
10: Special Procedures: Labor
Certification Process for Employers
Engaged in Sheepherding and
Goatherding Occupations under the H–
2A Program; and TEGL No. 16–06,
Change 1, Special Procedures: Labor
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Certification Process for Multi-State
Custom Combine Owners/Operators
under the H–2A Program. These revised
special procedures clarified the process
for establishing the annual prevailing
wage and/or piece rates for those
occupations, but largely continued
industry-specific variances to the
offered wage requirement. For example,
since occupations involving the open
range production of livestock,
sheepherding and/or goatherding are
characterized by other than a reasonably
regular workday or workweek, the
Department has continued a special
variance to the offered wage
requirements contained at 20 CFR
655.120(a) by permitting an employer to
offer, advertise in the course of its
recruitment, and pay the daily, monthly,
weekly, or semi-monthly prevailing
wage established by the Department for
each State in an approved itinerary. As
provided in the H–2A regulations at 20
CFR 655.102, for open range production
of livestock, sheepherding, and
goatherding occupations, which are
characterized by other than a reasonably
regular workday or workweek, the
prevailing wage results, reflected as
monthly or daily prevailing wage rates,
are deemed to be the Adverse Effect
Wage Rates (AEWR) for those
occupations.
As described in each of the TEGLs,
the Department continues to use
findings from prevailing wage surveys
conducted by the SWAs in accordance
with the procedures in the ET
Handbook No. 385, Domestic
Agricultural In-Season Wage Finding
Process, to determine the prevailing
wage and/or piece rates for these
occupations. The SWAs transmit their
findings for occupations covered by the
special procedures to the Office of
Foreign Labor Certification (OFLC)
between May 1st and June 1st of each
calendar year. Upon receipt of the wage
findings and review of the SWAreported survey results, the OFLC
publishes the new prevailing rates with
an immediate effective date.1 For
occupations involving the open range
production of livestock, animal
shearing, sheepherding and/or
goatherding where the SWA survey
results were insufficient to establish a
prevailing wage rate for an occupation,
due to inadequate sample size or
another valid reason, the applicable
TEGL’s wage setting procedures allow
the Department to issue a prevailing
1 In accordance with ET Handbook 385, the
SWAs only report the wage findings for occupations
that are present in the wage reporting area;
prevailing wage rates are established only for those
States where the activity subject to the special
procedure is actually performed.
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wage or piece rate for that State based
on the wage rate findings submitted by
an adjoining or proximate SWA for the
same or similar agricultural activity.
The applicability of one State’s wage
rate finding for a specific occupation to
another State may vary from year to
year, depending on which SWAs are
able to produce wage rate findings for
specific occupations for the reporting
year.
OFLC used three main principles in
establishing the prevailing wage rates
for States that had no official wage rate
findings,: (1) Where a State directly
borders a State with a wage rate finding,
that wage rate finding is assigned to the
adjoining (bordering) State; (2) where a
State borders more than one State with
wage rate findings, the findings of the
State that is more adjoining (i.e., more
shared geographic characteristics,
including a longer shared border) are
applied to the State with no wage rate
finding; and (3) where a State does not
directly border a State with a wage rate
finding but is within a U.S. Department
of Agriculture (USDA) farm production
region that includes another State either
with its own wage rate finding or to
which findings were applied consistent
with one of the other principles, that
wage rate finding is applied to the State
with no wage rate finding. Using a
prevailing wage rate finding, which is
also deemed to be an AEWR under the
circumstances described above, from an
adjoining or proximate State, or from
another State within the same USDA
farm production region, enables the
Department to comply with its
obligation to certify that the
employment of foreign worker(s) in
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such labor or services will not adversely
affect the wages and working conditions
of workers in the U.S. similarly
employed.
Accordingly, the new AEWRs and
prevailing wage rates for agricultural
occupations covered by special
procedures are set forth in the tables
below. These wages are in effect as of
the date of this Notice and will remain
in effect until the issuance of the next
annual publication of AEWRs and
prevailing wage rates. For open range
production of livestock, sheepherding,
and goatherding occupations, which are
characterized by other than a reasonably
regular workday or workweek, the
prevailing wage results, reflected as
monthly or daily prevailing wage rates,
are deemed to be the AEWRs for those
occupations.
TABLE 1—PREVAILING WAGE RATES FOR THE OPEN RANGE PRODUCTION OF LIVESTOCK OCCUPATIONS
State
Prevailing wage rates for open range
cattlehand/calver
Colorado ................................................................................................................................................
Idaho ......................................................................................................................................................
Montana .................................................................................................................................................
North Dakota .........................................................................................................................................
Oklahoma ..............................................................................................................................................
South Dakota .........................................................................................................................................
Texas.
Region 1 .........................................................................................................................................
Region 2 .........................................................................................................................................
Region 3 .........................................................................................................................................
Region 4 .........................................................................................................................................
Utah .......................................................................................................................................................
$875.00 Per Month Plus Room and Board.
$1,500.00 Per Month Plus Housing.2
$1,500.00 Per Month Plus Housing.2
$1,500.00 Per Month Plus Housing.2
$125.00 Per Day Plus Meals.2
$1,500.00 Per Month Plus Housing.2
Wyoming ................................................................................................................................................
$125.00 Per Day Plus Meals.
$125.00 Per Day Plus Meals.
$90.00 Per Day.
$90.00 Per Day.2
$875.00 Per Month Plus Room
Board.2
$1,500.00 Per Month Plus Housing.
and
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This year, the methodology applied to
establish prevailing wage rates for the
open range production of livestock
resulted in increased wages in Texas
and Oklahoma, and decreased wages in
South Dakota. These wage changes are
due to a change in the availability of
source wages, including wage
information from adjoining or proximate
States. For example, a change in the
method of payment in Texas, from
monthly and weekly wage rates to a
daily rate, resulted in an increase of the
prevailing wage rate not only in Texas
but also in Oklahoma, an adjoining
State. The Utah monthly wage rate was
established using the wage finding from
the adjoining state of Colorado instead
of the other adjoining State, Wyoming,
because Utah shares more geographic
characteristics with Colorado, including
a full border, than it does with
Wyoming. Finally, the prevailing wage
rate for Wyoming was applied to South
Dakota, an adjoining State, and
secondarily to North Dakota because
South Dakota is part of the same USDA
farm production (Northern Plains)
region as North Dakota.
2 In accordance with TEGL 15–06, a wage survey
capable of producing a prevailing wage finding for
the occupation in this State was determined
insufficient due to an inadequate sample size (i.e.,
number of domestic workers and/or employers
employing domestic workers in the occupation) or
another valid reason. Therefore, the prevailing wage
finding for this State is based on the prevailing
wage findings submitted by an adjoining or
proximate SWA for the same or similar agricultural
activities to ensure that the wages of similarly
employed workers are not adversely affected. This
principle was extended to regions within specific
States that have historically produced separate
findings but did not do so during the current
reporting period.
Where OFLC could not establish a prevailing
wage rate based on a finding from an adjoining or
proximate State, OFLC established the prevailing
wage rate based on the wage finding applicable to
one or more States within the same USDA farm
production region. See: https://
webarchives.cdlib.org/sw1vh5dg3r/h https://
www.ers.usda.gov/Briefing/ARMS/resourceregions/
resourceregions.htm#older.
The States used to establish the prevailing wage
determinations for open range production of
livestock occupations are:
Idaho—based on Wyoming
Montana—based on Wyoming
North Dakota—based on Wyoming
Oklahoma—based on Texas Region 1
South Dakota—based on Wyoming
Texas Region 4—based on Texas Region 3
Utah—based on Colorado
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TABLE 2—PREVAILING WAGE RATES FOR SHEEPHERDING AND GOATHERDING OCCUPATIONS
State
Prevailing wage rates for sheep/goat herder
Arizona ...............................................................................................................................................
California ............................................................................................................................................
Colorado .............................................................................................................................................
Idaho ..................................................................................................................................................
Montana .............................................................................................................................................
Nevada ...............................................................................................................................................
New Mexico .......................................................................................................................................
North Dakota ......................................................................................................................................
Oklahoma ...........................................................................................................................................
Oregon ...............................................................................................................................................
Texas .................................................................................................................................................
Utah ....................................................................................................................................................
Washington ........................................................................................................................................
Wyoming ............................................................................................................................................
$1,422.52 Per Month Plus Room and Board.3
$1,422.52 Per Month Plus Room and Board.
$750.00 Per Month Plus Room and Board.
$750.00 Per Month Plus Room and Board.3
$750.00 Per Month Plus Room and Board.3
$1,422.52 Per Month Plus Room and Board.3
$750.00 Per Month Plus Room and Board.3
$750.00 Per Month Plus Room and Board.3
$750.00 Per Month Plus Room and Board.3
$1,422.52 Per Month Plus Room and Board.3
$750.00 Per Month Plus Room and Board.3
$750.00 Per Month Plus Room and Board.3
$1,422.52 Per Month Plus Room and Board.3
$750.00 Per Month Plus Room and Board.3
This year, the methodology applied to
establish wages for sheepherding and
goatherding resulted in increased wage
rates for sheepherding job opportunities
in Arizona, Nevada, Oregon, and
Washington, and in decreased wage
rates in New Mexico, Oklahoma, and
Texas. The wage increases are due to a
change in the availability of source
wages, including wages from adjoining
and proximate States or within the same
USDA farm production region. For
example, the monthly prevailing wage
rate, deemed the AEWR for this
occupation, increased for job
opportunities in Arizona, Washington,
Nevada, and Oregon.
TABLE 3—ITINERANT ANIMAL SHEARING OCCUPATIONS
State
Prevailing wage rates
Arizona ......................................................................................................
California. 6 ................................................................................................
Colorado ....................................................................................................
Idaho .........................................................................................................
Montana ....................................................................................................
Nevada ......................................................................................................
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New Mexico ..............................................................................................
3 In accordance with TEGL 32–10, a wage survey
capable of producing a prevailing wage finding for
the occupation in this State was determined
insufficient due to an inadequate sample size (i.e.,
number of domestic workers and/or employers
employing domestic workers in the occupation) or
another valid reason. Therefore, the prevailing wage
finding for this State is based on the prevailing
wage findings submitted by an adjoining or
proximate SWA for the same or similar agricultural
activities to ensure that the wages of similarly
employed workers are not adversely affected.
Where OFLC could not establish a prevailing wage
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Sheep, Ewe—Shearer: $2.00 Per Head.4
Sheep, Wool Packer: No Finding.5
Sheep, Wool Gatherer: $8.00 Per Hour.4
Sheep, Wool Grader: No Finding.5
Sheep, Ewe—Shearer: $2.00 Per Head.
Sheep, Wool Packer: No Finding.5
Sheep, Wool Gatherer: $8.00 Per Hour.
Sheep, Wool Grader: No Finding.5
Sheep, Ewe—Shearer: $2.00 Per Head.4
Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4
Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4
Sheep, Buck/Ram—Shearer: $4.00 Per Head.4
Ewe—Wool Fleece Grader: $0.17 Per Head.4
Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4
Sheep, Ewe—Shearer: $2.00 Per Head.4
Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4
Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4
Sheep, Buck/Ram—Shearer: $4.00 Per. Head.4
Ewe—Wool Fleece Grader: $0.17 Per Head.4
Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4
Sheep, Ewe—Shearer: $2.00 Per Head.4
Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4
Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4
Sheep, Buck/Ram—Shearer: $4.00 Per Head.4
Ewe—Wool Fleece Grader: $0.17 Per Head.4
Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4
Sheep, Ewe—Shearer: $2.00 Per Head.4
Sheep, Wool Packer: No Finding.5
Sheep, Wool Gatherer: $8.00 Per Hour.4
Sheep, Wool Grader: No Finding.5
Sheep, Ewe—Shearer: $2.00 Per Head.4
rate based on the findings from an adjoining or
proximate State, OFLC established the prevailing
wage rate based on the wage finding applicable to
one or more States within the same USDA farm
production region. See: https://
webarchives.cdlib.org/sw1vh5dg3r/https://
www.ers.usda.gov/Briefing/ARMS/resourceregions/
resourceregions.htm#older.
The States used to establish the prevailing wage
determinations for sheepherding and goatherding
occupations are:
Arizona—based on California
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Idaho—based on Colorado
Montana—based on Colorado
New Mexico—based on Colorado
Nevada—based on California
North Dakota—based on Colorado
Oklahoma—based on Colorado
Oregon—based on California
Texas—based on Colorado
Utah—based on Colorado
Washington—based on California
Wyoming—based on Colorado
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TABLE 3—ITINERANT ANIMAL SHEARING OCCUPATIONS—Continued
State
Prevailing wage rates
North Dakota .............................................................................................
Oklahoma ..................................................................................................
Oregon ......................................................................................................
South Dakota ............................................................................................
Texas ........................................................................................................
Utah ...........................................................................................................
Washington ...............................................................................................
Wyoming ...................................................................................................
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4 In
accordance with TEGL 17–06, a wage survey
capable of producing a prevailing wage finding for
the occupation in this State was determined
insufficient due to an inadequate sample size (i.e.,
number of domestic workers and/or employers
employing domestic workers in the occupation) or
another valid reason. Therefore, the prevailing wage
finding for this State is based on the prevailing
wage findings submitted by an adjoining or
proximate SWA for the same or similar agricultural
activities to ensure that the wages of similarly
employed workers are not adversely affected. This
principle was extended to regions within specific
States that have historically produced separate
findings but did not do so during the current
reporting period.
Where OFLC could not establish a prevailing
wage rate based on the findings from an adjoining
or proximate State, OFLC established the prevailing
wage rate based on the wage finding applicable to
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Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4
Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4
Sheep, Buck/Ram—Shearer: $4.00 Per Head.4
Ewe—Wool Fleece Grader: $0.17 Per Head.4
Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4
Sheep, Ewe—Shearer: $2.00 Per Head.4
Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4
Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4
Sheep, Buck/Ram—Shearer: $4.00 Per Head.4
Ewe—Wool Fleece Grader: $0.17 Per Head.4
Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4
Sheep, Ewe—Shearer: $2.00 Per Head.4
Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4
Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4
Sheep, Buck/Ram—Shearer: $4.00 Per Head.4
Ewe—Wool Fleece Grader: $0.17 Per Head.4
Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4
Sheep, Ewe—Shearer: $2.00 Per Head.4
Sheep, Wool Packer: No Finding.5
Sheep, Wool Gatherer: $8.00 Per Hour.4
Sheep, Wool Grader: No Finding.5
Sheep, Ewe—Shearer: $2.00 Per Head.4
Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4
Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4
Sheep, Buck/Ram—Shearer: $4.00 Per Head.4
Ewe—Wool Fleece Grader: $0.17 Per Head.4
Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4
Sheep, Ewe—Shearer: $2.00 Per Head.4
Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4
Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4
Sheep, Buck/Ram—Shearer: $4.00 Per Head.4
Ewe—Wool Fleece Grader: $0.17 Per Head.4
Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4
Sheep, Ewe—Shearer: $2.00 Per Head.4
Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4
Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4
Sheep, Buck/Ram—Shearer: $4.00 Per Head.4
Ewe—Wool Fleece Grader: $0.17 Per Head.4
Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4
Sheep, Ewe—Shearer: $2.00 Per Head.4
Sheep, Wool Packer: No Finding.5
Sheep, Wool Gatherer: $8.00 Per Hour.4
Sheep, Wool Grader: No Finding.5
Sheep, Ewe—Shearer: $2.00 Per Head.
Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.
Sheep, Replacement Lamb—Shearer: $1.90 Per Head.
Sheep, Buck/Ram—Shearer: $4.00 Per Head.
Ewe—Wool Fleece Grader: $0.17 Per Head.
Buck/Ram—Wool Fleece Grader: $0.34 Per Head.
one or more States within the same USDA farm
production region. See: https://webarchives.cdlib.
org/sw1vh5dg3r/https://www.ers.usda.gov/Briefing/
ARMS/resourceregions/resourceregions.htm#older.
In all instances where a prevailing wage or piece
rate for an occupation involved in itinerant animal
shearing could not be established, an employer
must offer, advertise in its recruitment and pay the
highest of the AEWR, the agreed-upon collective
wage, or the Federal or State minimum wage in
effect at the time the work is performed and for each
State listed in an approved itinerary.
The States used to establish the prevailing wage
determinations for itinerant animal shearing are:
Arizona—based on California
Colorado—based on Wyoming
Idaho—based on Wyoming
Montana—based on Wyoming
New Mexico—based on Wyoming
Nevada—based on California
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North Dakota—based on Wyoming
Oklahoma—based on Wyoming
Oregon—based on California
South Dakota—based on Wyoming
Texas—based on Wyoming
Utah—based on Wyoming
Washington—based on California
5 With respect to each H–2A job order and
application for itinerant animal shearing processed
under special procedures, where a prevailing wage
determination results in a ‘‘No Finding’’ for the
occupation or agricultural activity, the employer
must offer, advertise in the course of its
recruitment, and pay a wage that is the highest of
the AEWR, the agreed-upon collective bargaining
wage, or the Federal or State minimum wage, in
effect at the time animal shearing work is performed
and for each State listed in an approved itinerary.
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TABLE 4—CUSTOM COMBINE OCCUPATIONS
State
Prevailing wage rates
Arizona ...........................................................................................................
Wheat Harvest, Custom Combine Operator: $8.50 Per Hour.
Wheat Harvest, Grain Truck Driver: No Finding. 7
Wheat Harvest, Custom Combine Operator: $9.20 Per Hour.
Wheat Harvest, Grain Truck Driver: No Finding. 7
Wheat Harvest, Custom Combine Operator: No Finding. 7
Wheat Harvest, Grain Truck Driver: No Finding. 7
Wheat Harvest, Custom Combine Operator: No Finding. 7
Wheat Harvest, Grain Truck Driver: No Finding.47
Wheat Harvest, Custom Combine Operator: No Finding. 7
Wheat Harvest, Grain Truck Driver: No Finding. 7
Wheat Harvest, Custom Combine Operator: $2,000 Per Month Plus
Room and Board.
Wheat Harvest, Grain Truck Driver: $2,000 Per Month Plus Room
and Board.
Wheat Harvest, Custom Combine Operator: $1,800 Per Month.
Wheat Harvest, Grain Truck Driver: $1,800 Per Month.
Wheat Harvest, Grain Cart Driver: $15.00 Per Hour.
Wheat Harvest, Custom Combine Operator: No Finding. 7
Wheat Harvest, Grain Truck Driver: No Finding. 7
Wheat Harvest, Custom Combine Operator: $3,000 Per Month Plus
Room and Board.
Wheat Harvest, Grain Truck Driver: $2,500 Per Month.
Wheat Harvest, Custom Combine Operator: $8.50 Per Hour.
Wheat Harvest, Grain Truck Driver: $7.50 Per Hour.
Wheat Harvest, Custom Combine Operator: $2,200 Per Month Plus
Room and Board.
Wheat Harvest, Grain Truck Driver: $2,200 Per Month Plus Room
and Board.
Wheat Harvest, Custom Combine Operator: $2,100 Per Month.
Wheat Harvest, Grain Truck Driver: $11.00 Per Hour.
Wheat Harvest, Custom Combine Operator: No Finding. 7
Wheat Harvest, Grain Truck Driver: No Finding. 7
Wheat Harvest, Custom Combine Operator: No Finding. 7
Wheat Harvest, Grain Truck Driver: No Finding. 7
California ........................................................................................................
Colorado .........................................................................................................
Kansas ...........................................................................................................
Minnesota .......................................................................................................
Montana .........................................................................................................
Nebraska ........................................................................................................
New Mexico ...................................................................................................
North Dakota ..................................................................................................
Oklahoma .......................................................................................................
South Dakota .................................................................................................
Texas .............................................................................................................
Wisconsin .......................................................................................................
Wyoming ........................................................................................................
DEPARTMENT OF LABOR
These prevailing wage rates will be in
effect for all work that is performed on
or after the effective date of this Notice
and until the issuance of the next
annual publication of new prevailing
wage rates for these occupations.
Signed in Washington this 28th day of
December, 2012.
Jane Oates,
Assistant Secretary, Employment and
Training Administration.
srobinson on DSK4SPTVN1PROD with
BILLING CODE 4510–FP–P
6 California prevailing wage rates were
established based on surveys conducted in the
Sacramento Valley, San Joaquin Valley, and Desert
Area.
7 With respect to each H–2A job order and
application for custom combine operations
19:11 Jan 07, 2013
Jkt 229001
Conclusion
[TA–W–81,646]
CalAmp Wireless Networks
Corporation, Waseca, MN; Notice of
Negative Determination Regarding
Application for Reconsideration
By application dated September 26,
2012, the State of Minnesota requested
administrative reconsideration of the
Department’s negative determination
regarding eligibility for workers and
former workers of the subject firm to
apply for Trade Adjustment Assistance
(TAA).
Following the filing of the request for
reconsideration, the Department issued
a certification that includes workers of
the subject firm (TA–W–80,399A;
CalAmp Wireless Networks
[FR Doc. 2013–00115 Filed 1–7–13; 8:45 am]
VerDate Mar<15>2010
Employment and Training
Administration
Corporation, Waseca, Minnesota;
expires on December 2, 2013).
processed under special procedures, where OFLC
was unable to establish a prevailing wage as
indicated by a ‘‘No Finding’’ notation for the
occupation or agricultural activity, the employer
must offer, advertise in the course of its
recruitment, and pay a wage that is the highest of
PO 00000
Frm 00069
Fmt 4703
Sfmt 9990
Due to the eligibility of workers and
former workers of CalAmp Wireless
Networks Corporation, Waseca,
Minnesota to apply for TAA, the
Department determines that an
investigation would serve no purpose.
Accordingly, the application is denied.
Signed at Washington, DC, this 16th day of
November, 2012
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2013–00101 Filed 1–7–13; 8:45 am]
BILLING CODE 4510–FN–P
the AEWR, the agreed-upon collective bargaining
wage, or the Federal or State minimum wage, in
effect at the time custom combine work is
performed and for each State listed in an approved
itinerary.
E:\FR\FM\08JAN1.SGM
08JAN1
]]>Agencies
[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Notices]
[Pages 1260-1264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00115]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Labor Certification Process for the Temporary Employment of
Aliens in Agriculture in the United States: Prevailing Wage Rates for
Certain Occupations Processed Under H-2A Special Procedures
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (we or the Department) is issuing this
notice to announce new prevailing wage and piece rates covering the
employment of temporary or seasonal nonimmigrant foreign workers (H-2A
workers) and corresponding employees to perform agricultural labor or
services in certain occupations with special procedures established
under 20 CFR 655.102 in the H-2A program, including open range
production of livestock, itinerant animal shearing, sheepherding,
goatherding, and custom combine operations. The new prevailing wages
are based on surveys conducted by State Workforce Agencies (SWA) of
employers and transmitted to the Department between May 1, 2012 and
June 1, 2012 in accordance with the Department's Training and
Employment Guidance Letters (TEGLs) for these occupations. For open
range production of livestock, sheepherding, and goatherding
occupations, which are characterized by other than a reasonably regular
workday or workweek, the prevailing wage results, reflected as monthly
or daily prevailing wage rates, are deemed to be the Adverse Effect
Wage Rates (AEWR) for those occupations.
DATES: This notice is effective January 8, 2013.
FOR FURTHER INFORMATION CONTACT: For further information, contact
William L. Carlson, Ph.D., Administrator, Office of Foreign Labor
Certification, Employment and Training Administration, U.S. Department
of Labor, 200 Constitution Avenue NW., Room C-4312, 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: The H-2A nonimmigrant worker visa program
enables United States (U.S.) agricultural employers to employ foreign
workers on a temporary basis to perform agricultural labor or services.
Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(INA or the Act), 8 U.S.C. 1101(a)(15)(H)(ii)(a); see also 8 U.S.C.
1184(c)(1) and 1188. The INA authorizes the Secretary of the Department
of Homeland Security (DHS) to permit employers to import foreign
workers to perform temporary agricultural labor or services of a
temporary or seasonal nature if the Secretary of the U.S. DOL
(Secretary) certifies that: (1) There are not sufficient U.S. workers
who are able, willing, and qualified, and who will be available at the
time and place needed to perform the labor or services involved in the
petition; and (2) the employment of the foreign worker(s) in such labor
or services will not adversely affect the wages and working conditions
of workers in the U.S. similarly employed. 8 U.S.C. 1188(a)(1). The
Department's H-2A regulations at 20 CFR 655.120(a) provide that
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 or piece rate; (iii) the agreed-upon collective bargaining
wage, if applicable; or (iv) the Federal or State minimum wage, in
effect at the time the work is performed, except where a special
procedure has been approved for use in an occupation or specific class
of agricultural employment.
On June 14, 2011, the Department issued four TEGLs revising special
procedures for occupations involved in the open range production of
livestock, itinerant animal shearing, sheepherding and goatherding, and
custom combine operations in the H-2A program. TEGL No. 15-06, Change
1, Special Procedures: Labor Certification Process for Occupations
Involved in the Open Range Production of Livestock under the H-2A
Program; TEGL No. 17-06, Change 1, Special Procedures: Labor
Certification Process for Employers in the Itinerant Animal Shearing
Industry under the H-2A Program; TEGL No. 32-10: Special Procedures:
Labor Certification Process for Employers Engaged in Sheepherding and
Goatherding Occupations under the H-2A Program; and TEGL No. 16-06,
Change 1, Special Procedures: Labor Certification Process for Multi-
State Custom Combine Owners/Operators under the H-2A Program. These
revised special procedures clarified the process for establishing the
annual prevailing wage and/or piece rates for those occupations, but
largely continued industry-specific variances to the offered wage
requirement. For example, since occupations involving the open range
production of livestock, sheepherding and/or goatherding are
characterized by other than a reasonably regular workday or workweek,
the Department has continued a special variance to the offered wage
requirements contained at 20 CFR 655.120(a) by permitting an employer
to offer, advertise in the course of its recruitment, and pay the
daily, monthly, weekly, or semi-monthly prevailing wage established by
the Department for each State in an approved itinerary. As provided in
the H-2A regulations at 20 CFR 655.102, for open range production of
livestock, sheepherding, and goatherding occupations, which are
characterized by other than a reasonably regular workday or workweek,
the prevailing wage results, reflected as monthly or daily prevailing
wage rates, are deemed to be the Adverse Effect Wage Rates (AEWR) for
those occupations.
As described in each of the TEGLs, the Department continues to use
findings from prevailing wage surveys conducted by the SWAs in
accordance with the procedures in the ET Handbook No. 385, Domestic
Agricultural In-Season Wage Finding Process, to determine the
prevailing wage and/or piece rates for these occupations. The SWAs
transmit their findings for occupations covered by the special
procedures to the Office of Foreign Labor Certification (OFLC) between
May 1st and June 1st of each calendar year. Upon receipt of the wage
findings and review of the SWA-reported survey results, the OFLC
publishes the new prevailing rates with an immediate effective date.\1\
For occupations involving the open range production of livestock,
animal shearing, sheepherding and/or goatherding where the SWA survey
results were insufficient to establish a prevailing wage rate for an
occupation, due to inadequate sample size or another valid reason, the
applicable TEGL's wage setting procedures allow the Department to issue
a prevailing
[[Page 1261]]
wage or piece rate for that State based on the wage rate findings
submitted by an adjoining or proximate SWA for the same or similar
agricultural activity. The applicability of one State's wage rate
finding for a specific occupation to another State may vary from year
to year, depending on which SWAs are able to produce wage rate findings
for specific occupations for the reporting year.
---------------------------------------------------------------------------
\1\ In accordance with ET Handbook 385, the SWAs only report the
wage findings for occupations that are present in the wage reporting
area; prevailing wage rates are established only for those States
where the activity subject to the special procedure is actually
performed.
---------------------------------------------------------------------------
OFLC used three main principles in establishing the prevailing wage
rates for States that had no official wage rate findings,: (1) Where a
State directly borders a State with a wage rate finding, that wage rate
finding is assigned to the adjoining (bordering) State; (2) where a
State borders more than one State with wage rate findings, the findings
of the State that is more adjoining (i.e., more shared geographic
characteristics, including a longer shared border) are applied to the
State with no wage rate finding; and (3) where a State does not
directly border a State with a wage rate finding but is within a U.S.
Department of Agriculture (USDA) farm production region that includes
another State either with its own wage rate finding or to which
findings were applied consistent with one of the other principles, that
wage rate finding is applied to the State with no wage rate finding.
Using a prevailing wage rate finding, which is also deemed to be an
AEWR under the circumstances described above, from an adjoining or
proximate State, or from another State within the same USDA farm
production region, enables the Department to comply with its obligation
to certify that the employment of foreign worker(s) in such labor or
services will not adversely affect the wages and working conditions of
workers in the U.S. similarly employed.
Accordingly, the new AEWRs and prevailing wage rates for
agricultural occupations covered by special procedures are set forth in
the tables below. These wages are in effect as of the date of this
Notice and will remain in effect until the issuance of the next annual
publication of AEWRs and prevailing wage rates. For open range
production of livestock, sheepherding, and goatherding occupations,
which are characterized by other than a reasonably regular workday or
workweek, the prevailing wage results, reflected as monthly or daily
prevailing wage rates, are deemed to be the AEWRs for those
occupations.
Table 1--Prevailing Wage Rates for the Open Range Production of Livestock Occupations
----------------------------------------------------------------------------------------------------------------
State Prevailing wage rates for open range cattlehand/calver
----------------------------------------------------------------------------------------------------------------
Colorado................................... $875.00 Per Month Plus Room and Board.
Idaho...................................... $1,500.00 Per Month Plus Housing.\2\
Montana.................................... $1,500.00 Per Month Plus Housing.\2\
North Dakota............................... $1,500.00 Per Month Plus Housing.\2\
Oklahoma................................... $125.00 Per Day Plus Meals.\2\
South Dakota............................... $1,500.00 Per Month Plus Housing.\2\
Texas......................................
Region 1............................... $125.00 Per Day Plus Meals.
Region 2............................... $125.00 Per Day Plus Meals.
Region 3............................... $90.00 Per Day.
Region 4............................... $90.00 Per Day.\2\
Utah....................................... $875.00 Per Month Plus Room and Board.\2\
Wyoming.................................... $1,500.00 Per Month Plus Housing.
----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
\2\ In accordance with TEGL 15-06, a wage survey capable of
producing a prevailing wage finding for the occupation in this State
was determined insufficient due to an inadequate sample size (i.e.,
number of domestic workers and/or employers employing domestic
workers in the occupation) or another valid reason. Therefore, the
prevailing wage finding for this State is based on the prevailing
wage findings submitted by an adjoining or proximate SWA for the
same or similar agricultural activities to ensure that the wages of
similarly employed workers are not adversely affected. This
principle was extended to regions within specific States that have
historically produced separate findings but did not do so during the
current reporting period.
Where OFLC could not establish a prevailing wage rate based on a
finding from an adjoining or proximate State, OFLC established the
prevailing wage rate based on the wage finding applicable to one or
more States within the same USDA farm production region. See: https://webarchives.cdlib.org/sw1vh5dg3r/ https://www.ers.usda.gov/Briefing/ARMS/resourceregions/resourceregions.htm#older.
The States used to establish the prevailing wage determinations
for open range production of livestock occupations are:
Idaho--based on Wyoming
Montana--based on Wyoming
North Dakota--based on Wyoming
Oklahoma--based on Texas Region 1
South Dakota--based on Wyoming
Texas Region 4--based on Texas Region 3
Utah--based on Colorado
---------------------------------------------------------------------------
This year, the methodology applied to establish prevailing wage
rates for the open range production of livestock resulted in increased
wages in Texas and Oklahoma, and decreased wages in South Dakota. These
wage changes are due to a change in the availability of source wages,
including wage information from adjoining or proximate States. For
example, a change in the method of payment in Texas, from monthly and
weekly wage rates to a daily rate, resulted in an increase of the
prevailing wage rate not only in Texas but also in Oklahoma, an
adjoining State. The Utah monthly wage rate was established using the
wage finding from the adjoining state of Colorado instead of the other
adjoining State, Wyoming, because Utah shares more geographic
characteristics with Colorado, including a full border, than it does
with Wyoming. Finally, the prevailing wage rate for Wyoming was applied
to South Dakota, an adjoining State, and secondarily to North Dakota
because South Dakota is part of the same USDA farm production (Northern
Plains) region as North Dakota.
[[Page 1262]]
Table 2--Prevailing Wage Rates for Sheepherding and Goatherding Occupations
----------------------------------------------------------------------------------------------------------------
State Prevailing wage rates for sheep/goat herder
----------------------------------------------------------------------------------------------------------------
Arizona................................... $1,422.52 Per Month Plus Room and Board.\3\
California................................ $1,422.52 Per Month Plus Room and Board.
Colorado.................................. $750.00 Per Month Plus Room and Board.
Idaho..................................... $750.00 Per Month Plus Room and Board.\3\
Montana................................... $750.00 Per Month Plus Room and Board.\3\
Nevada.................................... $1,422.52 Per Month Plus Room and Board.\3\
New Mexico................................ $750.00 Per Month Plus Room and Board.\3\
North Dakota.............................. $750.00 Per Month Plus Room and Board.\3\
Oklahoma.................................. $750.00 Per Month Plus Room and Board.\3\
Oregon.................................... $1,422.52 Per Month Plus Room and Board.\3\
Texas..................................... $750.00 Per Month Plus Room and Board.\3\
Utah...................................... $750.00 Per Month Plus Room and Board.\3\
Washington................................ $1,422.52 Per Month Plus Room and Board.\3\
Wyoming................................... $750.00 Per Month Plus Room and Board.\3\
----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
\3\ In accordance with TEGL 32-10, a wage survey capable of
producing a prevailing wage finding for the occupation in this State
was determined insufficient due to an inadequate sample size (i.e.,
number of domestic workers and/or employers employing domestic
workers in the occupation) or another valid reason. Therefore, the
prevailing wage finding for this State is based on the prevailing
wage findings submitted by an adjoining or proximate SWA for the
same or similar agricultural activities to ensure that the wages of
similarly employed workers are not adversely affected. Where OFLC
could not establish a prevailing wage rate based on the findings
from an adjoining or proximate State, OFLC established the
prevailing wage rate based on the wage finding applicable to one or
more States within the same USDA farm production region. See: https://webarchives.cdlib.org/sw1vh5dg3r/https://www.ers.usda.gov/Briefing/ARMS/resourceregions/resourceregions.htm#older.
The States used to establish the prevailing wage determinations
for sheepherding and goatherding occupations are:
Arizona--based on California
Idaho--based on Colorado
Montana--based on Colorado
New Mexico--based on Colorado
Nevada--based on California
North Dakota--based on Colorado
Oklahoma--based on Colorado
Oregon--based on California
Texas--based on Colorado
Utah--based on Colorado
Washington--based on California
Wyoming--based on Colorado
---------------------------------------------------------------------------
This year, the methodology applied to establish wages for
sheepherding and goatherding resulted in increased wage rates for
sheepherding job opportunities in Arizona, Nevada, Oregon, and
Washington, and in decreased wage rates in New Mexico, Oklahoma, and
Texas. The wage increases are due to a change in the availability of
source wages, including wages from adjoining and proximate States or
within the same USDA farm production region. For example, the monthly
prevailing wage rate, deemed the AEWR for this occupation, increased
for job opportunities in Arizona, Washington, Nevada, and Oregon.
TABLE 3--Itinerant Animal Shearing Occupations
------------------------------------------------------------------------
State Prevailing wage rates
------------------------------------------------------------------------
Arizona............................ Sheep, Ewe--Shearer: $2.00 Per
Head.\4\
Sheep, Wool Packer: No Finding.\5\
Sheep, Wool Gatherer: $8.00 Per
Hour.\4\
Sheep, Wool Grader: No Finding.\5\
California. \6\.................... Sheep, Ewe--Shearer: $2.00 Per
Head.
Sheep, Wool Packer: No Finding.\5\
Sheep, Wool Gatherer: $8.00 Per
Hour.
Sheep, Wool Grader: No Finding.\5\
Colorado........................... Sheep, Ewe--Shearer: $2.00 Per
Head.\4\
Sheep, Feedlot Lamb--Shearer: $1.50
Per Head.\4\
Sheep, Replacement Lamb--Shearer:
$1.90 Per Head.\4\
Sheep, Buck/Ram--Shearer: $4.00 Per
Head.\4\
Ewe--Wool Fleece Grader: $0.17 Per
Head.\4\
Buck/Ram--Wool Fleece Grader: $0.34
Per Head.\4\
Idaho.............................. Sheep, Ewe--Shearer: $2.00 Per
Head.\4\
Sheep, Feedlot Lamb--Shearer: $1.50
Per Head.\4\
Sheep, Replacement Lamb--Shearer:
$1.90 Per Head.\4\
Sheep, Buck/Ram--Shearer: $4.00
Per. Head.\4\
Ewe--Wool Fleece Grader: $0.17 Per
Head.\4\
Buck/Ram--Wool Fleece Grader: $0.34
Per Head.\4\
Montana............................ Sheep, Ewe--Shearer: $2.00 Per
Head.\4\
Sheep, Feedlot Lamb--Shearer: $1.50
Per Head.\4\
Sheep, Replacement Lamb--Shearer:
$1.90 Per Head.\4\
Sheep, Buck/Ram--Shearer: $4.00 Per
Head.\4\
Ewe--Wool Fleece Grader: $0.17 Per
Head.\4\
Buck/Ram--Wool Fleece Grader: $0.34
Per Head.\4\
Nevada............................. Sheep, Ewe--Shearer: $2.00 Per
Head.\4\
Sheep, Wool Packer: No Finding.\5\
Sheep, Wool Gatherer: $8.00 Per
Hour.\4\
Sheep, Wool Grader: No Finding.\5\
New Mexico......................... Sheep, Ewe--Shearer: $2.00 Per
Head.\4\
[[Page 1263]]
Sheep, Feedlot Lamb--Shearer: $1.50
Per Head.\4\
Sheep, Replacement Lamb--Shearer:
$1.90 Per Head.\4\
Sheep, Buck/Ram--Shearer: $4.00 Per
Head.\4\
Ewe--Wool Fleece Grader: $0.17 Per
Head.\4\
Buck/Ram--Wool Fleece Grader: $0.34
Per Head.\4\
North Dakota....................... Sheep, Ewe--Shearer: $2.00 Per
Head.\4\
Sheep, Feedlot Lamb--Shearer: $1.50
Per Head.\4\
Sheep, Replacement Lamb--Shearer:
$1.90 Per Head.\4\
Sheep, Buck/Ram--Shearer: $4.00 Per
Head.\4\
Ewe--Wool Fleece Grader: $0.17 Per
Head.\4\
Buck/Ram--Wool Fleece Grader: $0.34
Per Head.\4\
Oklahoma........................... Sheep, Ewe--Shearer: $2.00 Per
Head.\4\
Sheep, Feedlot Lamb--Shearer: $1.50
Per Head.\4\
Sheep, Replacement Lamb--Shearer:
$1.90 Per Head.\4\
Sheep, Buck/Ram--Shearer: $4.00 Per
Head.\4\
Ewe--Wool Fleece Grader: $0.17 Per
Head.\4\
Buck/Ram--Wool Fleece Grader: $0.34
Per Head.\4\
Oregon............................. Sheep, Ewe--Shearer: $2.00 Per
Head.\4\
Sheep, Wool Packer: No Finding.\5\
Sheep, Wool Gatherer: $8.00 Per
Hour.\4\
Sheep, Wool Grader: No Finding.\5\
South Dakota....................... Sheep, Ewe--Shearer: $2.00 Per
Head.\4\
Sheep, Feedlot Lamb--Shearer: $1.50
Per Head.\4\
Sheep, Replacement Lamb--Shearer:
$1.90 Per Head.\4\
Sheep, Buck/Ram--Shearer: $4.00 Per
Head.\4\
Ewe--Wool Fleece Grader: $0.17 Per
Head.\4\
Buck/Ram--Wool Fleece Grader: $0.34
Per Head.\4\
Texas.............................. Sheep, Ewe--Shearer: $2.00 Per
Head.\4\
Sheep, Feedlot Lamb--Shearer: $1.50
Per Head.\4\
Sheep, Replacement Lamb--Shearer:
$1.90 Per Head.\4\
Sheep, Buck/Ram--Shearer: $4.00 Per
Head.\4\
Ewe--Wool Fleece Grader: $0.17 Per
Head.\4\
Buck/Ram--Wool Fleece Grader: $0.34
Per Head.\4\
Utah............................... Sheep, Ewe--Shearer: $2.00 Per
Head.\4\
Sheep, Feedlot Lamb--Shearer: $1.50
Per Head.\4\
Sheep, Replacement Lamb--Shearer:
$1.90 Per Head.\4\
Sheep, Buck/Ram--Shearer: $4.00 Per
Head.\4\
Ewe--Wool Fleece Grader: $0.17 Per
Head.\4\
Buck/Ram--Wool Fleece Grader: $0.34
Per Head.\4\
Washington......................... Sheep, Ewe--Shearer: $2.00 Per
Head.\4\
Sheep, Wool Packer: No Finding.\5\
Sheep, Wool Gatherer: $8.00 Per
Hour.\4\
Sheep, Wool Grader: No Finding.\5\
Wyoming............................ Sheep, Ewe--Shearer: $2.00 Per
Head.
Sheep, Feedlot Lamb--Shearer: $1.50
Per Head.
Sheep, Replacement Lamb--Shearer:
$1.90 Per Head.
Sheep, Buck/Ram--Shearer: $4.00 Per
Head.
Ewe--Wool Fleece Grader: $0.17 Per
Head.
Buck/Ram--Wool Fleece Grader: $0.34
Per Head.
------------------------------------------------------------------------
[[Page 1264]]
---------------------------------------------------------------------------
\4\ In accordance with TEGL 17-06, a wage survey capable of
producing a prevailing wage finding for the occupation in this State
was determined insufficient due to an inadequate sample size (i.e.,
number of domestic workers and/or employers employing domestic
workers in the occupation) or another valid reason. Therefore, the
prevailing wage finding for this State is based on the prevailing
wage findings submitted by an adjoining or proximate SWA for the
same or similar agricultural activities to ensure that the wages of
similarly employed workers are not adversely affected. This
principle was extended to regions within specific States that have
historically produced separate findings but did not do so during the
current reporting period.
Where OFLC could not establish a prevailing wage rate based on
the findings from an adjoining or proximate State, OFLC established
the prevailing wage rate based on the wage finding applicable to one
or more States within the same USDA farm production region. See:
https://webarchives.cdlib.org/sw1vh5dg3r/https://www.ers.usda.gov/Briefing/ARMS/resourceregions/resourceregions.htm#older.
In all instances where a prevailing wage or piece rate for an
occupation involved in itinerant animal shearing could not be
established, an employer must offer, advertise in its recruitment
and pay the highest of the AEWR, the agreed-upon collective wage, or
the Federal or State minimum wage in effect at the time the work is
performed and for each State listed in an approved itinerary.
The States used to establish the prevailing wage determinations
for itinerant animal shearing are:
Arizona--based on California
Colorado--based on Wyoming
Idaho--based on Wyoming
Montana--based on Wyoming
New Mexico--based on Wyoming
Nevada--based on California
North Dakota--based on Wyoming
Oklahoma--based on Wyoming
Oregon--based on California
South Dakota--based on Wyoming
Texas--based on Wyoming
Utah--based on Wyoming
Washington--based on California
\5\ With respect to each H-2A job order and application for
itinerant animal shearing processed under special procedures, where
a prevailing wage determination results in a ``No Finding'' for the
occupation or agricultural activity, the employer must offer,
advertise in the course of its recruitment, and pay a wage that is
the highest of the AEWR, the agreed-upon collective bargaining wage,
or the Federal or State minimum wage, in effect at the time animal
shearing work is performed and for each State listed in an approved
itinerary.
\6\ California prevailing wage rates were established based on
surveys conducted in the Sacramento Valley, San Joaquin Valley, and
Desert Area.
Table 4--Custom Combine Occupations
----------------------------------------------------------------------------------------------------------------
State Prevailing wage rates
----------------------------------------------------------------------------------------------------------------
Arizona...................... Wheat Harvest, Custom Combine Operator: $8.50 Per Hour.
Wheat Harvest, Grain Truck Driver: No Finding. \7\
California................... Wheat Harvest, Custom Combine Operator: $9.20 Per Hour.
Wheat Harvest, Grain Truck Driver: No Finding. \7\
Colorado..................... Wheat Harvest, Custom Combine Operator: No Finding. \7\
Wheat Harvest, Grain Truck Driver: No Finding. \7\
Kansas....................... Wheat Harvest, Custom Combine Operator: No Finding. \7\
Wheat Harvest, Grain Truck Driver: No Finding.\4\7
Minnesota.................... Wheat Harvest, Custom Combine Operator: No Finding. \7\
Wheat Harvest, Grain Truck Driver: No Finding. \7\
Montana...................... Wheat Harvest, Custom Combine Operator: $2,000 Per Month Plus Room and Board.
Wheat Harvest, Grain Truck Driver: $2,000 Per Month Plus Room and Board.
Nebraska..................... Wheat Harvest, Custom Combine Operator: $1,800 Per Month.
Wheat Harvest, Grain Truck Driver: $1,800 Per Month.
Wheat Harvest, Grain Cart Driver: $15.00 Per Hour.
New Mexico................... Wheat Harvest, Custom Combine Operator: No Finding. \7\
Wheat Harvest, Grain Truck Driver: No Finding. \7\
North Dakota................. Wheat Harvest, Custom Combine Operator: $3,000 Per Month Plus Room and Board.
Wheat Harvest, Grain Truck Driver: $2,500 Per Month.
Oklahoma..................... Wheat Harvest, Custom Combine Operator: $8.50 Per Hour.
Wheat Harvest, Grain Truck Driver: $7.50 Per Hour.
South Dakota................. Wheat Harvest, Custom Combine Operator: $2,200 Per Month Plus Room and Board.
Wheat Harvest, Grain Truck Driver: $2,200 Per Month Plus Room and Board.
Texas........................ Wheat Harvest, Custom Combine Operator: $2,100 Per Month.
Wheat Harvest, Grain Truck Driver: $11.00 Per Hour.
Wisconsin.................... Wheat Harvest, Custom Combine Operator: No Finding. \7\
Wheat Harvest, Grain Truck Driver: No Finding. \7\
Wyoming...................... Wheat Harvest, Custom Combine Operator: No Finding. \7\
Wheat Harvest, Grain Truck Driver: No Finding. \7\
----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
\7\ With respect to each H-2A job order and application for
custom combine operations processed under special procedures, where
OFLC was unable to establish a prevailing wage as indicated by a
``No Finding'' notation for the occupation or agricultural activity,
the employer must offer, advertise in the course of its recruitment,
and pay a wage that is the highest of the AEWR, the agreed-upon
collective bargaining wage, or the Federal or State minimum wage, in
effect at the time custom combine work is performed and for each
State listed in an approved itinerary.
---------------------------------------------------------------------------
These prevailing wage rates will be in effect for all work that is
performed on or after the effective date of this Notice and until the
issuance of the next annual publication of new prevailing wage rates
for these occupations.
Signed in Washington this 28th day of December, 2012.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2013-00115 Filed 1-7-13; 8:45 am]
BILLING CODE 4510-FP-P
