- Written by Jacquelyn E. Larson
The Department of Labor (“DOL”) is set to once again raise the standard for minimum wage rates for H-2A workers in California. Federal regulations require that the minimum wage for H-2A employees is the highest of (1) the Adverse Effect Wage Rate (“AEWR”), (2) the prevailing hourly or piece rate, (3) the agreed upon collective bargaining wage rate, if applicable, or (4) the state or federal minimum wage.
Often, the highest rate is the AEWR, a rate specifically set by the DOL for each state as the minimum to be offered to H-2A workers. The goal of the AEWR is to keep wages of similarly employed U.S. workers from being adversely affected by employers’ ability to hire labor from outside the country. The AEWR for each state is updated by the DOL every year based on a review by region of the prevailing wages of U.S. workers.
- Written by Gregory Blueford
On November 22, 2016, a U.S. District Court in Texas granted a nationwide preliminary injunction which blocks the Department of Labor’s (“DOL”) overtime exemption rule. As a refresher, twenty-one states, including Arizona and Nevada, sped in and filed an emergency motion seeking a preliminary injunction contesting the constitutionality of the Department of Labor’s (“DOL”) “new rule,” which expands overtime protections for “white collar” workers under the Fair Labor Standards Act (“FLSA”). The “new rule” raises the salary threshold for the white collar exemption to $47,476. You can find our previous article here.