80_FR_71060 80 FR 70840 - Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: Adverse Effect Wage Rate for Range Occupations Through 2016

80 FR 70840 - Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: Adverse Effect Wage Rate for Range Occupations Through 2016

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 80, Issue 220 (November 16, 2015)

Page Range70840-70840
FR Document2015-28934

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

Federal Register, Volume 80 Issue 220 (Monday, November 16, 2015) 
[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Notices]
[Page 70840]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28934]


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DEPARTMENT OF LABOR

Employment and Training Administration


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

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.

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

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

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

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

Portia Wu,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2015-28934 Filed 11-13-15; 8:45 am]
BILLING CODE 4510-FP-P

70840 Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices Consent Decree Library, U.S. DOJ— Telephone: 202–693–3010 (this is not a Accordingly, any employer certified ENRD, P.O. Box 7611, Washington, toll-free number). Individuals with or seeking certification for range DC 20044–7611. hearing or speech impairments may workers must pay each worker a wage Please enclose a check or money order access the telephone number above via that is at least the highest of the for $17.13 (25 cents per page TTY by calling the toll-free Federal monthly AEWR of $1,206.31, the reproduction cost) payable to the United Information Relay Service at 1–800– agreed-upon collective bargaining wage, States Treasury, if you are requesting 877–8339. or the applicable minimum wage the new Appendices to the Amendment, SUPPLEMENTARY INFORMATION: On imposed by Federal or State legislation or $5.63 if you are only requesting the October 16, 2015, the Department or judicial action, effective immediately. Amendment to the Consent Decree. published regulations in the Federal Given the mid-month effective date of Register establishing standards and the new AEWR, the prorated amount Robert E. Maher Jr., due for employers obligated to pay the procedures for employers seeking to Assistant Section Chief, Environmental new AEWR for work performed for the hire foreign temporary agricultural Enforcement Section, Environment and portion of November following the Natural Resources Division. workers for occupations involving the herding and production of livestock on effective date is $603.15. [FR Doc. 2015–28850 Filed 11–13–15; 8:45 am] the range. Temporary Agricultural Portia Wu, BILLING CODE 4410–15–P Employment of H–2A Foreign Workers Assistant Secretary, Employment and in the Herding or Production of Training Administration. Livestock on the Range in the United DEPARTMENT OF LABOR [FR Doc. 2015–28934 Filed 11–13–15; 8:45 am] States, 80 FR 62958 (Oct. 16, 2015) (H– BILLING CODE 4510–FP–P 2A Herder Rule). Effective for all work Employment and Training performed on or after November 16, Administration 2015, including for work certified under DEPARTMENT OF LABOR Labor Certification Process for the earlier special procedures, the H–2A Temporary Employment of Aliens in Herder Rule requires employers to offer, Office of the Secretary Agriculture in the United States: advertise in recruitment and pay each Adverse Effect Wage Rate for Range worker employed under 20 CFR Agency Information Collection Occupations Through 2016 655.200–655.235 a wage that is at least Activities; Submission for OMB the highest of: (i) The monthly AEWR, Review; Comment Request; AGENCY: Employment and Training (ii) the agreed-upon collective Disclosures for Participant Directed Administration, Department of Labor. bargaining wage, or (iii) the applicable Individual Account Plans ACTION: Notice. minimum wage imposed by Federal or State law or judicial action. 20 CFR ACTION: Notice. SUMMARY: The Employment and 655.211(a)(1). Further, when the SUMMARY: The Department of Labor Training Administration (ETA) of the monthly AEWR is adjusted during a (DOL) is submitting the Employee Department of Labor (Department) is work contract, and is higher than both Benefits Security Administration issuing this notice to announce the new the agreed-upon collective bargaining (EBSA) sponsored information Adverse Effect Wage Rate (AEWR) for wage and the applicable minimum wage collection request (ICR) titled, the employment of temporary or imposed by Federal or State law or ‘‘Disclosures for Participant Directed seasonal nonimmigrant foreign workers judicial action in effect at the time the Individual Account Plans,’’ to the Office (H–2A workers) to perform herding or work is performed, the employer must of Management and Budget (OMB) for production of livestock on the range. pay that adjusted monthly AEWR upon review and approval for continued use, AEWRs are the minimum wage rates publication by the Department in the without change, in accordance with the the Department has determined must be Federal Register. 20 CFR 655.211(a)(2). Paperwork Reduction Act of 1995 offered and paid by employers to H–2A As provided in 20 CFR 655.211(c) of (PRA), 44 U.S.C. 3501 et seq. Public workers and workers in corresponding the H–2A Herder Rule, the methodology comments on the ICR are invited. employment so that the wages of for establishing the monthly AEWR for DATES: The OMB will consider all similarly employed U.S. workers will range occupations in all states is based on the current Federal minimum wage written comments that agency receives not be adversely affected. 20 CFR on or before December 16, 2015. 655.100(b). In this notice, the ($7.25/hour) multiplied by 48 hours per week, and then multiplied by 4.333 ADDRESSES: A copy of this ICR with Department announces the new AEWR weeks per month. In applying the applicable supporting documentation; for workers engaged in the herding or transition wage rate methodology set including a description of the likely production of livestock on the range, as forth under 20 CFR 655.211(d)(1), the respondents, proposed frequency of required by the methodology Department is setting the initial national response, and estimated total burden established in the Temporary monthly AEWR at 80 percent of the full may be obtained free of charge from the Agricultural Employment of H–2A wage calculated using the H–2A Herder RegInfo.gov Web site at http:// Foreign Workers in the Herding or Rule methodology. Thus, the national www.reginfo.gov/public/do/ Production of Livestock on the Range in monthly AEWR rate for all range PRAViewICR?ref_nbr=201510-1210-009 the United States, 80 FR 62958, 63067– occupations in the H–2A program is (this link will only become active on the 63068 (Oct. 16, 2015); 20 CFR 655.211. calculated at (7.25 × 48 × 4.333 × .80 = day following publication of this notice) DATES: Effective Date: This notice is or by contacting Michel Smyth by 1,206.31) or $1,206.31.1 effective November 16, 2015. tkelley on DSK3SPTVN1PROD with NOTICES telephone at 202–693–4129, TTY 202– FOR FURTHER INFORMATION CONTACT: 1 Because less than two months remain in 2015, 693–8064, (these are not toll-free William W. Thompson, II, Acting and the AEWR for workers engaged in the herding numbers) or by email at DOL_PRA_ Administrator, Office of Foreign Labor or production of livestock on the range announced PUBLIC@dol.gov. in this notice applies through calendar year 2016 Certification, U.S. Department of Labor, under 20 CFR 655.211(d), a separate notice will not Submit comments about this request Room C–4312, 200 Constitution Avenue be issued for 2016. Beginning with 2017, an by mail or courier to the Office of NW., Washington, DC 20210. updated AEWR will be published annually. Information and Regulatory Affairs, VerDate Sep<11>2014 19:47 Nov 13, 2015 Jkt 238001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1


Document Created: 2015-12-14 14:12:29
Document Modified: 2015-12-14 14:12:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactWilliam W. Thompson, II, Acting Administrator, Office of Foreign Labor Certification, U.S. Department of Labor, Room C-4312, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: 202-693-3010 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1-800-877-8339.
FR Citation80 FR 70840 
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