"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 comes from the National Agricultural Statistics Service - Field and Livestock Report that is issued annually. Click on the attached file to see rates for your state.
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.
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 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).
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 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.