03/04/08

2008 Adverse Effect Wage Rates (AEWRs)

2008 Adverse Effect Wage Rates (AEWRs),
and percentage increase from 2007

• Washington...$9.94 (+1.7%)
• Oregon...$9.94 (+1.7%)
• Idaho...$8.74 (- 0.2%)
• California...$9.72 (+5.7%)
• Hawaii...$10.86 (+5.2%)

The U.S. Department of Labor published the 2008 Adverse Effect Wage Rates (AEWRs) in the February 26, 2008 Federal Register (p. 10288ff). The 2008 AEWRs, and percentage changes from the 2007 rates are shown on the accompanying table, and are the same as those in the advance notice of 2008 AEWRs sent out last fall. These 2008 AEWRs are applicable to employment in H-2A certified occupations on and after February 26, 2008.

Please note: There is legislation pending before Congress that could result in reduced AEWRs becoming applicable at some point during 2008. In addition, there is a pending U.S. Department of Labor (USDOL) regulation that could become effective later in 2008 that may result in changes to AEWRs, including reduced AEWRs for some H-2A employers. Therefore, employers would be well advised to include in their 2008 job orders language to the effect that if a higher or lower minimum wage standard applicable to the employment covered by the job order is promulgated during the period of employment covered by the job order, the higher, or, at the discretion of the employer, lower, wage standard will apply to employment beginning on the effective date of any such new wage standard. The USDOL permits inclusion of such language in job orders. The inclusion of such language will give employers the flexibility to adjust AEWRs if an opportunity to do so arises later in the year.

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