We recently notified you about the upcoming changes in the Adverse Effect Wage Rate for H-2A workers and workers in corresponding employment. The Worker Protection Rule that went into effect earlier this year says that workers will get the updated AEWR upon publication in the Federal Register. That rule was challenged and has a partial injunction on it. That injunction is only in certain states whose attorneys general joined the original lawsuit.

The new AEWR’s were listed in the previous article but for the SE: FL – $16.23; AL, GA and SC – $16.08; and NC, VA – $16.16

Split Effective Dates

Due to the partial injunction, the following states, in the Southeast, effective dates of Publication (Expected December 16, 2024) – Alabama and North Carolina. The others (Florida, Georgia, South Carolina, and Virginia) will be effective 14 days after publication (expected date of December 30, 2024).

If you have H-2A workers on these dates, you will need to update your payroll system to reflect the new rates on those dates for the H-2A and domestic workers in corresponding employment.

DSF