AWI PROGRAMS

Alien Labor Certification

FAQ # 3:  What wages must I pay to United States domestic workers and to the foreign workers imported under the H-2A Program?

The H-2A Program requires that domestic United States workers ( U.S. Citizens and foreign workers with legitimate U.S. Work Visas) be treated in a fair and equable manner no less than the H-2A foreign workers. Florida employers using the H-2A Program are required to pay workers each week, to maintain adequate payroll records, and to make only those deductions required by law or for which the worker has given written authorization.  [ H-2A Certification: Wage Information ]

Each worker must be paid the higher of:

A.  The Adverse Effect Wage Rate (AEWR) for the crop or activity, established annually by the United States Department of Labor.  [ Adverse Effect Wage Rates ]  

OR

B.  The prevailing wage rate or hourly wage, established by the United States Department of Labor.  [ Agricultural Online Wage Library ]  Efficient workers who are paid on a piece rate basis (Example: $0.85 per 90 pound field box for oranges) may actually earn more than the AEWR and must be paid the higher piece rate wage.

OR

C.  The Federal Minimum Wage as established by the Fair Labor Standards Act.  No worker may be paid less than the Federal Minimum Wage for the pay period, irrespective of any deductions.  [ Federal Minimum Wage ]

Employers must provide make up pay if the work is based upon a piece rate or other Prevailing Wage Rate and the worker does not perform the work necessary to equal the Adverse Effect Wage Rate.