80 FR 79614 - Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2016 Adverse Effect Wage Rates
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 80, Issue 245 (December 22, 2015)
Employment and Training Administration
Federal Register Volume 80, Issue 245 (December 22, 2015)
| Page Range | 79614-79615 | |
| FR Document | 2015-32114 |
[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)] [Notices] [Pages 79614-79615] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32114] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2016 Adverse Effect Wage Rates AGENCY: Employment and Training Administration, Department of Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2016 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform agricultural labor or services. 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 for a particular occupation and area so that the wages of similarly employed U.S. workers will not be adversely affected. In this notice, the Department announces the annual update of the AEWRs which must be paid for agricultural work performed by H-2A and U.S. workers on or after the effective date of this notice. DATES: Effective Date: This notice is effective December 22, 2015. FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, Acting Administrator, Office of Foreign Labor Certification, U.S. Department of Labor, Box 12-200, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: 202-513-7350 (this is not a toll-free number). 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 agricultural workers in the U.S. unless the petitioner has received from the Department an H-2A labor certification. 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 Rates for 2016 The Department's H-2A regulations at 20 CFR 655.120(l) provide that employers must pay their H-2A workers and workers in corresponding employment at least the highest of: (1) The AEWR; (2) the prevailing hourly wage rate; (3) the prevailing piece rate; (4) the agreed-upon collective bargaining wage rate, if applicable; or (5) the Federal or State minimum wage rate, in effect at the time the work is performed. Except as otherwise provided in 20 CFR part 655, subpart B, the region-wide AEWR for all agricultural employment (except those occupations characterized by other than a reasonably regular workday or workweek as described in 20 CFR 655.102) for which temporary H-2A certification is being sought is equal to the annual weighted average hourly wage rate for field and livestock workers (combined) in the State or region as published annually by the United States Department of [[Page 79615]] Agriculture (USDA). 20 CFR 655.120(c) requires that the Administrator of the Office of Foreign Labor Certification publish the USDA field and livestock worker (combined) wage data as AEWRs in a Federal Register notice. Accordingly, the 2016 AEWRs to be paid for agricultural work performed by H-2A and U.S. workers on or after the effective date of this notice are set forth in the table below: Table--2016 Adverse Effect Wage Rates ------------------------------------------------------------------------ State 2016 AEWRs ------------------------------------------------------------------------ Alabama................................................. $10.59 Arizona................................................. 11.20 Arkansas................................................ 10.69 California.............................................. 11.89 Colorado................................................ 11.27 Connecticut............................................. 11.74 Delaware................................................ 11.66 Florida................................................. 10.70 Georgia................................................. 10.59 Hawaii.................................................. 12.64 Idaho................................................... 11.75 Illinois................................................ 12.07 Indiana................................................. 12.07 Iowa.................................................... 12.17 Kansas.................................................. 13.80 Kentucky................................................ 10.85 Louisiana............................................... 10.69 Maine................................................... 11.74 Maryland................................................ 11.66 Massachusetts........................................... 11.74 Michigan................................................ 12.02 Minnesota............................................... 12.02 Mississippi............................................. 10.69 Missouri................................................ 12.17 Montana................................................. 11.75 Nebraska................................................ 13.80 Nevada.................................................. 11.27 New Hampshire........................................... 11.74 New Jersey.............................................. 11.66 New Mexico.............................................. 11.20 New York................................................ 11.74 North Carolina.......................................... 10.72 North Dakota............................................ 13.80 Ohio.................................................... 12.07 Oklahoma................................................ 11.15 Oregon.................................................. 12.69 Pennsylvania............................................ 11.66 Rhode Island............................................ 11.74 South Carolina.......................................... 10.59 South Dakota............................................ 13.80 Tennessee............................................... 10.85 Texas................................................... 11.15 Utah.................................................... 11.27 Vermont................................................. 11.74 Virginia................................................ 10.72 Washington.............................................. 12.69 West Virginia........................................... 10.85 Wisconsin............................................... 12.02 Wyoming................................................. 11.75 ------------------------------------------------------------------------ Pursuant to the H-2A regulations at 20 CFR 655.173, the Department will publish a separate Federal Register notice in early 2016 to announce (1) the allowable charges for 2016 that employers seeking H-2A workers may charge their workers for providing them three meals a day; and (2) the maximum travel subsistence reimbursement which a worker with receipts may claim in 2016. Portia Wu, Assistant Secretary, Employment and Training Administration. [FR Doc. 2015-32114 Filed 12-21-15; 8:45 am] BILLING CODE 4510-FP-P
![79614 Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices
To submit Justice, II and the James C. Justice employment for a particular occupation
Send them to:
comments: Companies, Inc. by requiring the and area so that the wages of similarly
Defendants to restore the impacted employed U.S. workers will not be
By e-mail ...... pubcomment-ees.enrd@ areas, perform mitigation as needed, and adversely affected. In this notice, the
usdoj.gov. pay a civil penalty. The Stipulation and Department announces the annual
By mail ......... Assistant Attorney General,
U.S. DOJ—ENRD, P.O. Order resolves the allegations against update of the AEWRs which must be
Box 7611, Washington, DC Defendant High Mountain Living, LLC paid for agricultural work performed by
20044–7611. by requiring the payment of a civil H–2A and U.S. workers on or after the
penalty. effective date of this notice.
During the public comment period, The Department of Justice will accept DATES: Effective Date: This notice is
the proposed Modification to the 2011 written comments relating to the effective December 22, 2015.
Consent Decree may be examined and proposed Consent Decree and FOR FURTHER INFORMATION CONTACT:
downloaded at this Justice Department Stipulation and Order for thirty (30) William W. Thompson, II, Acting
Web site: http://www.justice.gov/enrd/ days from the date of publication of this Administrator, Office of Foreign Labor
consent-decrees. We will provide a Notice. Please address comments to Certification, U.S. Department of Labor,
paper copy of the proposed Austin D. Saylor, Trial Attorney, United Box 12–200, 200 Constitution Avenue
Modification to the 2011 Consent States Department of Justice, NW., Washington, DC 20210.
Decree upon written request and Environment and Natural Resources Telephone: 202–513–7350 (this is not a
payment of reproduction costs. Please Division, Environmental Defense toll-free number).
mail your request and payment to: Section, Post Office Box 7611,
SUPPLEMENTARY INFORMATION: The U.S.
Consent Decree Library, U.S. DOJ— Washington, DC 20044, and refer to
Citizenship and Immigration Services of
ENRD, P.O. Box 7611, Washington, DC United States, et al. v. James C. Justice,
the Department of Homeland Security
20044–7611. II, et al., DJ #90–5–1–1–20019.
Please enclose a check or money order The proposed Consent Decree and will not approve an employer’s petition
for $5.00 (25 cents per page Stipulation and Order may be examined for the admission of H–2A
reproduction cost) payable to the United at the Clerk’s Office, United States nonimmigrant temporary agricultural
States Treasury. District Court for the Southern District workers in the U.S. unless the petitioner
of West Virginia (Bluefield Division), has received from the Department an
Robert E. Maher Jr., H–2A labor certification. The labor
601 Federal Street, Room 2303,
Assistant Section Chief, Environmental
Bluefield, WV 24701. In addition, the certification provides that: (1) There are
Enforcement Section, Environment and not sufficient U.S. workers who are able,
Natural Resources Division. proposed Consent Decree and
Stipulation and Order may be examined willing, and qualified and who will be
[FR Doc. 2015–32102 Filed 12–21–15; 8:45 am] available at the time and place needed
electronically at http://www.justice.gov/
BILLING CODE 4410–15–P
enrd/consent-decrees. to perform the labor or services involved
in the petition; and (2) the employment
Cherie L. Rogers, of the foreign worker(s) in such labor or
DEPARTMENT OF JUSTICE Assistant Section Chief, Environmental services will not adversely affect the
Defense Section, Environment and Natural wages and working conditions of
Notice of Lodging Proposed Consent Resources Division. workers in the U.S. similarly employed.
Decree [FR Doc. 2015–32110 Filed 12–21–15; 8:45 am] 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1),
In accordance with Departmental BILLING CODE 4410–15–P and 1188(a); 8 CFR 214.2(h)(5); 20 CFR
Policy, 28 CFR 50.7, notice is hereby 655.100.
given that a proposed Consent Decree
Adverse Effect Wage Rates for 2016
and Stipulation and Order in United DEPARTMENT OF LABOR
States, et al. v. James C. Justice, II, et al., The Department’s H–2A regulations at
No. 1:15–cv–16018, were lodged with Employment and Training 20 CFR 655.120(l) provide that
the United States District Court for the Administration employers must pay their H–2A workers
Southern District of West Virginia and workers in corresponding
(Bluefield Division) on December 10, Labor Certification Process for the employment at least the highest of: (1)
2015. Temporary Employment of Aliens in The AEWR; (2) the prevailing hourly
The proposed Consent Decree and Agriculture in the United States: 2016 wage rate; (3) the prevailing piece rate;
Stipulation and Order concern a Adverse Effect Wage Rates (4) the agreed-upon collective
complaint filed by the United States and AGENCY: Employment and Training bargaining wage rate, if applicable; or
the State of West Virginia, by and Administration, Department of Labor. (5) the Federal or State minimum wage
through the West Virginia Department ACTION: Notice.
rate, in effect at the time the work is
of Environmental Protection, against performed.
James C. Justice, II, the James C. Justice SUMMARY: The Employment and Except as otherwise provided in 20
Companies, Inc., and High Mountain Training Administration (ETA) of the CFR part 655, subpart B, the region-
Living, LLC, pursuant to 33 U.S.C. 1311, Department of Labor (Department) is wide AEWR for all agricultural
1319 and 1344, and the West Virginia issuing this notice to announce the 2016 employment (except those occupations
Water Pollution Control Act, W. Va. Adverse Effect Wage Rates (AEWRs) for characterized by other than a reasonably
mstockstill on DSK4VPTVN1PROD with NOTICES
Code Chapter 22, Article 11, et seq., to the employment of temporary or regular workday or workweek as
obtain injunctive relief from and impose seasonal nonimmigrant foreign workers described in 20 CFR 655.102) for which
civil penalties against the Defendants (H–2A workers) to perform agricultural temporary H–2A certification is being
for violating the Clean Water Act by labor or services. sought is equal to the annual weighted
discharging pollutants without a permit AEWRs are the minimum wage rates average hourly wage rate for field and
into waters of the United States. The the Department has determined must be livestock workers (combined) in the
proposed Consent Decree resolves these offered and paid by employers to H–2A State or region as published annually by
allegations against Defendants James C. workers and workers in corresponding the United States Department of
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![Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices 79615
Agriculture (USDA). 20 CFR 655.120(c) three meals a day; and (2) the maximum agreements across the Federal
requires that the Administrator of the travel subsistence reimbursement which Government. Authority for this notice is
Office of Foreign Labor Certification a worker with receipts may claim in granted under the Clinger-Cohen Act, 40
publish the USDA field and livestock 2016. U.S.C. Subtitle III.
worker (combined) wage data as AEWRs
Portia Wu, Tony Scott,
in a Federal Register notice.
Accordingly, the 2016 AEWRs to be Assistant Secretary, Employment and Administrator, Office of the Federal Chief
Training Administration. Information Officer.
paid for agricultural work performed by
[FR Doc. 2015–32114 Filed 12–21–15; 8:45 am] Anne Rung,
H–2A and U.S. workers on or after the
effective date of this notice are set forth BILLING CODE 4510–FP–P Administrator, Office of Federal Procurement
in the table below: Policy.
[FR Doc. 2015–32059 Filed 12–18–15; 11:15 am]
TABLE—2016 ADVERSE EFFECT WAGE OFFICE OF MANAGEMENT AND BILLING CODE P
RATES BUDGET
State 2016 AEWRs Request for Comments on Category
Management Policy 16–1: Improving NATIONAL SCIENCE FOUNDATION
Alabama ................................ $10.59 the Acquisition and Management of
Arizona .................................. 11.20 Common Information Technology: Sunshine Act Meeting; National
Arkansas ............................... 10.69 Software Licensing
Science Board
California ............................... 11.89
Colorado ............................... 11.27 AGENCY: Office of Management and
Connecticut ........................... 11.74 The National Science Board’s Science
Budget.
Delaware ............................... 11.66 and Engineering Indicators Committee,
Florida ................................... 10.70 ACTION: Notice of Public Comment pursuant to NSF regulations (45 CFR
Georgia ................................. 10.59 Period. part 614), the National Science
Hawaii ................................... 12.64 Foundation Act, as amended (42 U.S.C.
Idaho ..................................... 11.75 SUMMARY: The Office of Management
and Budget (OMB) is seeking public 1862n–5), and the Government in the
Illinois .................................... 12.07
comment on a draft memorandum titled, Sunshine Act (5 U.S.C. 552b), hereby
Indiana .................................. 12.07
Iowa ...................................... 12.17 ‘‘Category Management Policy 16–1: gives notice of the scheduling of a
Kansas .................................. 13.80 Improving the Acquisition and teleconference for the transaction of
Kentucky ............................... 10.85 Management of Common Information National Science Board business, as
Louisiana .............................. 10.69 Technology: Software Licensing.’’ follows:
Maine .................................... 11.74
Maryland ............................... 11.66 DATES: The 30-day public comment DATE AND TIME: Wednesday, January 6,
Massachusetts ...................... 11.74 period on the draft memorandum begins 2016 at 4:30 p.m. EST.
Michigan ............................... 12.02 on the day it is published in the Federal SUBJECT MATTER: (1) Chairman’s opening
Minnesota ............................. 12.02 Register and ends 30 days after date of
Mississippi ............................ 10.69 remarks; (2) Approval of minutes of
publication in the Federal Register. November 18, 2015; (3) Discussion of
Missouri ................................ 12.17
Montana ................................ 11.75 ADDRESSES: Interested parties should Higher Education Companion Brief; and
Nebraska .............................. 13.80 provide comments at the following link: (4) Committee Chair’s Closing Remarks.
Nevada ................................. 11.27 https://software.cio.gov. The Office of
New Hampshire .................... 11.74 Management and Budget is located at STATUS: Open.
New Jersey ........................... 11.66 725 17th Street NW., Washington, DC LOCATION: This meeting will be held by
New Mexico .......................... 11.20 20503.
New York .............................. 11.74
teleconference at the National Science
North Carolina ...................... 10.72 FOR FURTHER INFORMATION CONTACT: Mr. Foundation, 4201Wilson Blvd.,
North Dakota ........................ 13.80 Paul Oliver, OMB, at 202–395–0372 or Arlington, VA 22230. A public listening
Ohio ...................................... 12.07 OFCIO@omb.eop.gov. line will be available. Members of the
Oklahoma ............................. 11.15 SUPPLEMENTARY INFORMATION: The Office public must contact the Board Office
Oregon .................................. 12.69 send an email message to
Pennsylvania ........................ 11.66
of Management and Budget (OMB) is
proposing a new policy to improve the nationalsciencebrd@nsf.gov at least 24
Rhode Island ........................ 11.74 hours prior to the teleconference for the
South Carolina ...................... 10.59 management and acquisition of
South Dakota ........................ 13.80 commonly-purchased enterprise public listening number.
Tennessee ............................ 10.85 software. The policy advances the UPDATES AND POINT OF CONTACT: Please
Texas .................................... 11.15 Category Management initiative refer to the National Science Board Web
Utah ...................................... 11.27 established in the OMB Memorandum site www.nsf.gov/nsb for additional
Vermont ................................ 11.74 dated December 4, 2014, Transforming
Virginia .................................. 10.72 information. Meeting information and
Washington ........................... 12.69
the Marketplace: Simplifying Federal updates (time, place, subject matter or
West Virginia ........................ 10.85 Procurement to Improve Performance, status of meeting) may be found at
Wisconsin ............................. 12.02 Drive Innovation, and Increase Savings. http://www.nsf.gov/nsb/notices/. Point
Wyoming ............................... 11.75 The policy also addresses the of contact for this meeting is: Elise
mstockstill on DSK4VPTVN1PROD with NOTICES
implementation of the governmentwide Lipkowitz (elipkowitz@nsf.gov), 4201
Pursuant to the H–2A regulations at software purchasing program in the Wilson Blvd., Arlington, VA 22230.
20 CFR 655.173, the Department will Federal Information Technology
publish a separate Federal Register Oversight and Reform Act (FITARA). Kyscha Slater-Williams,
notice in early 2016 to announce (1) the The draft memorandum establishes Program Specialist to the National Science
allowable charges for 2016 that policies to reduce redundancy, increase Board.
employers seeking H–2A workers may accountability of agency officials, and [FR Doc. 2015–32287 Filed 12–18–15; 4:15 pm]
charge their workers for providing them promote best-in-class software BILLING CODE 7555–01–P
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Document Created: 2015-12-22 02:31:49
Document Modified: 2015-12-22 02:31:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | William W. Thompson, II, Acting Administrator, Office of Foreign Labor Certification, U.S. Department of Labor, Box 12-200, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: 202-513-7350 (this is not a toll-free number). | |
| FR Citation | 80 FR 79614 |
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