Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: Adverse Effect Wage Rate for Range Occupations in 2019, 66307 [2018-28031]

Download as PDF Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices TABLE—2019 ADVERSE EFFECT WAGE workers and workers in corresponding employment so that the wages and RATES—Continued working conditions of similarly employed workers in the United States (U.S.) will not be adversely affected. In Ohio ...................................... 13.26 this notice, the Department announces Oklahoma ............................. 12.23 the annual update of the AEWR for Oregon .................................. 15.03 workers engaged in the herding or Pennsylvania ........................ 13.15 Rhode Island ........................ 13.25 production of livestock on the range, as South Carolina ...................... 11.13 required by the methodology South Dakota ........................ 14.38 established in the Temporary Tennessee ............................ 11.63 Agricultural Employment of H–2A Texas .................................... 12.23 Foreign Workers in the Herding or Utah ...................................... 13.13 Production of Livestock on the Range in Vermont ................................ 13.25 the United States, 80 FR 62958, 63067– Virginia .................................. 12.25 Washington ........................... 15.03 63068 (Oct. 16, 2015); 20 CFR 655.211. West Virginia ........................ 11.63 DATES: The rate is applicable January 1, Wisconsin ............................. 13.54 2019. Wyoming ............................... 13.48 FOR FURTHER INFORMATION CONTACT: Thomas M. Dowd, Deputy Assistant Pursuant to the H–2A regulations at Secretary, Employment and Training 20 CFR 655.173, the Department will Administration, Department of Labor, publish a separate Federal Register Box #12–200, 200 Constitution Ave. Notice in early 2019 to announce: (1) NW, Washington, DC 20210, Telephone: The allowable charges for 2019 that (202) 693–2772 (this is not a toll-free employers seeking H–2A workers may number). Individuals with hearing or charge their workers for providing them speech impairments may access the three meals a day; and (2) the maximum telephone number above via TTY by travel subsistence reimbursement that a calling the toll-free Federal Information worker with receipts may claim in 2019. Relay Service at 1–877–889–5627 (TTY/ Also in a separate Federal Register TDD). Notice, the Department will publish the SUPPLEMENTARY INFORMATION: The U.S. monthly AEWR for workers engaged to Citizenship and Immigration Services of perform herding or production of the Department of Homeland Security livestock on the range for 2019. will not approve an employer’s petition for the admission of H–2A Molly E. Conway, nonimmigrant temporary and seasonal Acting Assistant Secretary for the agricultural workers in the United States Employment and Training Administration. unless the petitioner has received an H– [FR Doc. 2018–28030 Filed 12–20–18; 11:15 am] 2A labor certification from the BILLING CODE 4510–FP–P Department. The labor certification provides that: (1) there are not sufficient U.S. workers who are able, willing, and DEPARTMENT OF LABOR qualified and who will be available at Employment and Training the time and place needed to perform Administration the labor or services involved in the petition; and (2) the employment of the Labor Certification Process for the foreign worker(s) in such labor or Temporary Employment of Aliens in services will not adversely affect the Agriculture in the United States: wages and working conditions of Adverse Effect Wage Rate for Range workers in the U.S. similarly employed. Occupations in 2019 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5); 20 CFR AGENCY: Employment and Training 655.100. Administration (ETA), Labor. Adverse Effect Wage Rate for 2019 ACTION: Notice. The Department’s H–2A regulations covering the herding or production of SUMMARY: The Employment and livestock on the range (H–2A Herder Training Administration (ETA) of the Rule) at 20 CFR 655.210(g) and Department of Labor (Department) is issuing this notice to announce the 2019 655.211(a)(1) provide that employers must offer, advertise in recruitment, and Adverse Effect Wage Rate (AEWR) for pay each worker employed under 20 the employment of temporary or CFR 655.200–655.235 a wage that is at seasonal nonimmigrant foreign workers least the highest of: (1) The monthly (H–2A workers) to perform herding or AEWR, (2) the agreed-upon collective production of livestock on the range. AEWRs are the minimum wage rates bargaining wage, or (3) the applicable the Department has determined must be minimum wage imposed by Federal or offered and paid by employers to H–2A State law or judicial action. Further, amozie on DSK3GDR082PROD with NOTICES1 State VerDate Sep<11>2014 20:07 Dec 21, 2018 2019 AEWRs Jkt 247001 PO 00000 Frm 00071 Fmt 4703 Sfmt 9990 66307 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)(2) of the H–2A Herder Rule, the monthly AEWR for range occupations in all states for a calendar year is based on the monthly AEWR for the previous calendar year, adjusted by the Employment Cost Index (ECI) for wages and salaries published by the Bureau of Labor Statistics for the preceding annual period. In setting the AEWR for 2019, ETA applied the required ECI adjustment of 3.1 percent to the monthly AEWR for range occupations in effect for 2018, resulting in a monthly wage of $1,633.33. The 12-month change in the ECI for wages and salaries of private industry workers between September 2017 and September 2018 was 3.1 percent.1 Thus, the national monthly AEWR rate for all range occupations in the H–2A program in 2019 is calculated by multiplying the monthly AEWR for calendar year 2018 by the October 2018 ECI adjustment ($1,584.22 × 1.031 = 1,633.33) or $1,633.33. 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 $1,633.33, the agreed-upon collective bargaining wage, or the applicable minimum wage imposed by Federal or State legislation or judicial action at the time work is performed on or after the effective date of this notice. Molly E. Conway, Acting Assistant Secretary for the Employment and Training Administration. [FR Doc. 2018–28031 Filed 12–20–18; 11:15 am] BILLING CODE 4510–FP–P 1 The regulation at 20 CFR 655.211(c)(2) states that the monthly AEWR is calculated based on the ECI for wages and salaries ‘‘for the preceding October—October period.’’ This regulatory language was intended to identify the Bureau of Labor Statistics’ October publication of ECI for wages and salaries, which presents data for the September— September period. Accordingly, the most recent 12month change in the ECI for private sector workers published on October 31, 2018, by the Bureau of Labor Statistics was used for establishing the monthly AEWR under the regulations. See https:// www.bls.gov/news.release/eci.htm. The ECI for private sector workers was used rather than the ECI for all civilian workers given the characteristics of the H–2A herder workforce. E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Page 66307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28031]


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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 in 2019

AGENCY: Employment and Training Administration (ETA), 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 
2019 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 and working conditions of 
similarly employed workers in the United States (U.S.) will not be 
adversely affected. In this notice, the Department announces the annual 
update of the 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: The rate is applicable January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Thomas M. Dowd, Deputy Assistant 
Secretary, Employment and Training Administration, Department of Labor, 
Box #12-200, 200 Constitution Ave. NW, Washington, DC 20210, Telephone: 
(202) 693-2772 (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-
877-889-5627 (TTY/TDD).

SUPPLEMENTARY INFORMATION: The U.S. Citizenship and Immigration 
Services of the Department of Homeland Security will not approve an 
employer's petition for the admission of H-2A nonimmigrant temporary 
and seasonal agricultural workers in the United States unless the 
petitioner has received an H-2A labor certification from the 
Department. The labor certification provides 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. 1101(a)(15)(H)(ii)(a), 1184(c)(1), and 1188(a); 8 
CFR 214.2(h)(5); 20 CFR 655.100.
    Adverse Effect Wage Rate for 2019
    The Department's H-2A regulations covering the herding or 
production of livestock on the range (H-2A Herder Rule) at 20 CFR 
655.210(g) and 655.211(a)(1) provide that employers must 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: (1) The monthly 
AEWR, (2) the agreed-upon collective bargaining wage, or (3) the 
applicable minimum wage imposed by Federal or State law or judicial 
action. 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)(2) of the H-2A Herder Rule, the 
monthly AEWR for range occupations in all states for a calendar year is 
based on the monthly AEWR for the previous calendar year, adjusted by 
the Employment Cost Index (ECI) for wages and salaries published by the 
Bureau of Labor Statistics for the preceding annual period. In setting 
the AEWR for 2019, ETA applied the required ECI adjustment of 3.1 
percent to the monthly AEWR for range occupations in effect for 2018, 
resulting in a monthly wage of $1,633.33. The 12-month change in the 
ECI for wages and salaries of private industry workers between 
September 2017 and September 2018 was 3.1 percent.\1\ Thus, the 
national monthly AEWR rate for all range occupations in the H-2A 
program in 2019 is calculated by multiplying the monthly AEWR for 
calendar year 2018 by the October 2018 ECI adjustment ($1,584.22 x 
1.031 = 1,633.33) or $1,633.33. 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 $1,633.33, the 
agreed-upon collective bargaining wage, or the applicable minimum wage 
imposed by Federal or State legislation or judicial action at the time 
work is performed on or after the effective date of this notice.
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    \1\ The regulation at 20 CFR 655.211(c)(2) states that the 
monthly AEWR is calculated based on the ECI for wages and salaries 
``for the preceding October--October period.'' This regulatory 
language was intended to identify the Bureau of Labor Statistics' 
October publication of ECI for wages and salaries, which presents 
data for the September--September period. Accordingly, the most 
recent 12-month change in the ECI for private sector workers 
published on October 31, 2018, by the Bureau of Labor Statistics was 
used for establishing the monthly AEWR under the regulations. See 
https://www.bls.gov/news.release/eci.htm. The ECI for private sector 
workers was used rather than the ECI for all civilian workers given 
the characteristics of the H-2A herder workforce.

Molly E. Conway,
Acting Assistant Secretary for the Employment and Training 
Administration.
[FR Doc. 2018-28031 Filed 12-20-18; 11:15 am]
 BILLING CODE 4510-FP-P