Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2020 Adverse Effect Wage Rate for Range Occupations, 69768-69769 [2019-27409]

Download as PDF 69768 Federal Register / Vol. 84, No. 244 / Thursday, December 19, 2019 / Notices lotter on DSKBCFDHB2PROD with NOTICES questionnaires are: NPS–8 (Report of Inmates under Sentence of Death); NPS– 8A (Update Report of Inmate under Sentence of Death); NPS–8B (Status of Death Penalty—No Statute in Force); and NPS–8C (Status of Death Penalty— Statute in Force). The applicable component within the Department of Justice is the Bureau of Justice Statistics, in the Office of Justice Programs. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Respondents will be staff from state departments of correction, state Attorneys General, and the Federal Bureau of Prisons. Staff responsible for keeping records on inmates under sentence of death in their jurisdiction and in their custody are asked to provide information for the following categories: Condemned inmates’ demographic characteristics, legal status at the time of capital offense, capital offense for which imprisoned, number of death sentences imposed, criminal history information, reason for removal and current status if no longer under sentence of death, method of execution, and cause of death by means other than execution. BJS plans to publish this information in reports and reference it when responding to queries from the U.S. Congress, Executive Office of the President, the U.S. Supreme Court, state officials, international organizations, researchers, students, the media, and others interested in criminal justices statistics. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 46 responses at 30 minutes each for the NPS–8; 2,707 responses at 30 minutes each for the NPS–8A; and 52 responses at 15 minutes each for the NPS–8B or NPS–8C. (6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 1,389.5 annual total burden hours associated with the collection. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530. Dated: December 13, 2019. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2019–27293 Filed 12–18–19; 8:45 am] BILLING CODE 4410–18–P VerDate Sep<11>2014 19:13 Dec 18, 2019 Jkt 250001 DEPARTMENT OF LABOR Employment and Training Administration Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2020 Adverse Effect Wage Rate for Range Occupations Employment and Training Administration (ETA), Labor. ACTION: Notice. AGENCY: The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2020 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 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, 2020. 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, SUMMARY: PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 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 United States 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 2020 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 2020, ETA applied the required ECI adjustment of 3.0 percent to the monthly AEWR for range occupations in effect for 2019, resulting in a monthly wage of $1,682.33. The 12-month change in the ECI for wages and salaries of private industry workers between September 2018 and September 2019 was 3.0 percent.1 Thus, the national 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, 2019, 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 E:\FR\FM\19DEN1.SGM 19DEN1 Federal Register / Vol. 84, No. 244 / Thursday, December 19, 2019 / Notices monthly AEWR rate for all range occupations in the H–2A program in 2020 is calculated by multiplying the monthly AEWR for calendar year 2019 by the October 2019 ECI adjustment ($1,633.33 × 1.030 = 1,682.33) or $1,682.33. 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 $1,682.33, 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. are threatened to become totally or partially separated; John Pallasch, Assistant Secretary for Employment and Training. (ii)(I) imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased; OR (II)(aa) imports of articles like or directly competitive with articles into which one or more component parts produced by such firm are directly incorporated, have increased; OR (II)(bb) imports of articles like or directly competitive with articles which are produced directly using the services supplied by such firm, have increased; OR (III) imports of articles directly incorporating one or more component parts produced outside the United States that are like or directly competitive with imports of articles incorporating one or more component parts produced by such firm have increased; [FR Doc. 2019–27409 Filed 12–18–19; 8:45 am] BILLING CODE 4510–FP–P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance lotter on DSKBCFDHB2PROD with NOTICES In accordance with the Section 223 (19 U.S.C. 2273) of the Trade Act of 1974 (19 U.S.C. 2271, et seq.) (‘‘Act’’), as amended, the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance under Chapter 2 of the Act (‘‘TAA’’) for workers by (TA–W) number issued during the period of November 1, 2019 through November 30, 2019. (This Notice primarily follows the language of the Trade Act. In some places however, changes such as the inclusion of subheadings, a reorganization of language, or ‘‘and,’’ ‘‘or,’’ or other words are added for clarification.) Section 222(a)—Workers of a Primary Firm In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for TAA, the group eligibility requirements under Section 222(a) of the Act (19 U.S.C. 2272(a)) must be met, as follows: (1) The first criterion (set forth in Section 222(a)(1) of the Act, 19 U.S.C. 2272(a)(1)) is that a significant number or proportion of the workers in such workers’ firm (or ‘‘such firm’’) have become totally or partially separated, or for all civilian workers given the characteristics of the H–2A herder workforce. VerDate Sep<11>2014 19:13 Dec 18, 2019 Jkt 250001 AND (2(A) or 2(B) Below) (2) The second criterion (set forth in Section 222(a)(2) of the Act, 19 U.S.C. 2272(a)(2)) may be satisfied by either (A) the Increased Imports Path, or (B) the Shift in Production or Services to a Foreign Country Path/Acquisition of Articles or Services from a Foreign Country Path, as follows: (A) Increased Imports Path (i) the sales or production, or both, of such firm, have decreased absolutely; AND (ii and iii Below) AND (iii) the increase in imports described in clause (ii) contributed importantly to such workers’ separation or threat of separation and to the decline in the sales or production of such firm; OR (B) Shift in Production or Services to a Foreign Country Path OR Acquisition of Articles or Services From a Foreign Country Path (i)(I) there has been a shift by such workers’ firm to a foreign country in the production of articles or the supply of services like or directly competitive with articles which are produced or services which are supplied by such firm; OR (II) such workers’ firm has acquired from a foreign country articles or services that are like or directly competitive with articles which are produced or services which are supplied by such firm; AND (ii) the shift described in clause (i)(I) or the acquisition of articles or services PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 69769 described in clause (i)(II) contributed importantly to such workers’ separation or threat of separation. Section 222(b)—Adversely Affected Secondary Workers In order for an affirmative determination to be made for adversely affected secondary workers of a firm and a certification issued regarding eligibility to apply for TAA, the group eligibility requirements of Section 222(b) of the Act (19 U.S.C. 2272(b)) must be met, as follows: (1) a significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; AND (2) the workers’ firm is a supplier or downstream producer to a firm that employed a group of workers who received a certification of eligibility under Section 222(a) of the Act (19 U.S.C. 2272(a)), and such supply or production is related to the article or service that was the basis for such certification (as defined in subsection 222(c)(3) and (4) of the Act (19 U.S.C. 2272(c)(3) and (4)); AND (3) either— (A) the workers’ firm is a supplier and the component parts it supplied to the firm described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; OR (B) a loss of business by the workers’ firm with the firm described in paragraph (2) contributed importantly to the workers’ separation or threat of separation determined under paragraph (1). Section 222(e)—Firms Identified by the International Trade Commission In order for an affirmative determination to be made for adversely affected workers in firms identified by the International Trade Commission and a certification issued regarding eligibility to apply for TAA, the group eligibility requirements of Section 222(e) of the Act (19 U.S.C. 2272(e))must be met, by following criteria (1), (2), and (3) as follows: (1) the workers’ firm is publicly identified by name by the International Trade Commission as a member of a domestic industry in an investigation resulting in— (A) an affirmative determination of serious injury or threat thereof under E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 84, Number 244 (Thursday, December 19, 2019)]
[Notices]
[Pages 69768-69769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27409]


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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: 2020 Adverse Effect Wage 
Rate for Range Occupations

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department) is issuing this notice to announce the 
2020 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 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, 2020.

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 United States 
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 2020

    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 2020, ETA applied the required ECI adjustment of 3.0 
percent to the monthly AEWR for range occupations in effect for 2019, 
resulting in a monthly wage of $1,682.33. The 12-month change in the 
ECI for wages and salaries of private industry workers between 
September 2018 and September 2019 was 3.0 percent.\1\ Thus, the 
national

[[Page 69769]]

monthly AEWR rate for all range occupations in the H-2A program in 2020 
is calculated by multiplying the monthly AEWR for calendar year 2019 by 
the October 2019 ECI adjustment ($1,633.33 x 1.030 = 1,682.33) or 
$1,682.33. 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 $1,682.33, 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.
---------------------------------------------------------------------------

    \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, 2019, 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.

John Pallasch,
Assistant Secretary for Employment and Training.
[FR Doc. 2019-27409 Filed 12-18-19; 8:45 am]
BILLING CODE 4510-FP-P