"Owned and Managed by Agricultural Employers"

Hourly Wage Rates 

The employer must offer a wage rate that is the highest of the Adverse Effect Wage Rate (AEWR), the prevailing hourly wage, the agreed-upon collective bargaining wage, or the Federal or State minimum wage, except where a special procedure is approved for an occupation or specific class of agricultural employment.   

AEWR - The hourly wage rate for approximately 90% of H2A wages comes from the National Agricultural Statistics Service  - Field and Livestock Report that is issued annually.  

Prevailing Wage - This can be obtained by following website link and selecting your state. 

State or Federal Minimum Wage  - $7.25 is the Federal minimum wage that went into effect on July 24, 2009.  
Earnings Records

The employer must keep accurate and adequate records with respect to the workers' earnings, including but not limited to field tally records, supporting summary payroll records, and records showing the nature and amount of the work performed; and

  • the number of hours of work offered each day by the employer; 
  • the hours actually worked each day by the worker; 
  • the time the worker began and ended each workday;
  • the rate of pay; 
  • the worker's earnings per pay period; 
  • the worker's home address; 
  • and the amount of and reasons for any and all deductions taken from the worker's wages.

Hours and Earnings Statements

The employer must furnish to the worker on or before each payday written statements of the following information: 

  • The worker's name and home address;
  • The worker's total earnings for the pay period;
  • The worker's hourly rate and/or piece rate of pay;
  • The hours of employment offered to the worker (showing offers in accordance with the three-fourths guarantee);
  • The hours actually worked by the worker;
  • An itemization of all deductions made from the worker's wages, if designated in the work contract;
  • If piece rates are used, the units produced daily;
  • Beginning and ending date of the pay period; and
  • The employer's name, address, and Federal  Employers Identification Number (FEIN).
Corresponding Employment

U.S. workers that are doing the same job of the H-2A workers must be paid the same rate during the duration of the contract.

Piece Rates

Piece rates may be paid per activity, but the worker’s wages can not fall below the hourly wage listed above.  In order to do this, you have to keep track of the hours worked during the time they are working for a piece rate.  We have an excel spreadsheet that can be used to capture this.  It is on our website.

Kentucky Overtime Pay

KRS 337.050 - Time and a half for work done on seventh day of week.

The Office of Foreign Labor Certification has issued a set of Frequently Asked Questions (FAQs) regarding the final rule, Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States (“2023 AEWR Final Rule”), which published on February 28, 2023. These Round 2 FAQs provide guidance on AEWR determinations, including how a State Workforce Agency (SWA) and the Certifying Officer (CO) determine which AEWR applies to a job opportunity, how SWAs and COs determine the AEWR for job duties with multiple Standard Occupational Classification codes, and the impact of certain job duties on AEWRs.  The Department estimated in the 2023 AEWR Final Rule that approximately 98 percent of H-2A worker positions would continue to be subject to the same AEWR source as they were under the prior methodology—the Farm Labor Survey (FLS) wage for field and livestock workers (combined) in the State or region.