August 05, 2020

Ag employers group petitions DOL on H-2A wage rates

The National Council of Agricultural Employers has asked the labor department to amend the regulatory method on adverse effects of the H-2A agricultural worker program.

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On Aug. 4, the National Council of Agricultural Employers petitioned U.S. Department of Labor Secretary Eugene Scalia to amend the regulatory methodology for determining adverse effect in the H-2A temporary agricultural worker program.
Michael Marsh, president and CEO, National Council of Agricultural Employers
According to a press release, the National Council of Agricultural Employers (NCAE) lays out clearly in the petition that “current and proposed regulations do not include this congressionally mandated determination, instead assuming that there is ‘adverse effect’ without actually finding it, thus bypassing the statutory requirements and contrary to law.”

“Specifically, the statute requires the secretary to certify whether the employment of aliens in agricultural labor will ‘adversely affect the wages and working conditions of workers in the United States similarly employed,”‘ said Michael Marsh, president and CEO of NCAE. “We are asking the secretary to make the determination as Congress mandated since overwhelming evidence indicates there is no adverse effect.”

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.