OFLC Announces Updates to H-2A Prevailing Wage Rates in Washington State for Non-Range Occupations
DOL notice:
July 3, 2024. OFLC Announces Updates to H-2A Prevailing Wage Rates in Washington State for Non-Range Occupations; Compliance with District Court Order
On July 2, 2024, the U.S. District Court for the Western District of Washington issued an order in Familias Unidas Por La Justicia v. DOL, et al., No. 24-cv-00637, enjoining the Department of Labor from implementing 20 CFR 655.120(c)(2) (the “One-Year Rule”) for prevailing wages in Washington State, and ordering the Department of Labor to reinstate and enforce the prevailing wage rates for Washington State published on January 24, 2022. Through this notice the Department is reinstating the relevant prevailing wage rates in Washington State, which is included in the link below, and available on the Department’s Agricultural Online Wage Library.
Effective immediately, and until further notice, H-2A job orders seeking temporary labor certification for work to be performed in the State of Washington on or after July 3, 2024, including job orders filed concurrently with an Application for Temporary Employment Certification to the OFLC National Processing Center for emergency situations under 20 CFR 655.134, must use the prevailing wage rate available in the link below if it is the highest applicable wage rate.
Important Reminder: In accordance with 20 CFR 655.120(c)(3), if a prevailing wage for the geographic area and crop activity or agricultural activity and distinct work task(s), if applicable, is adjusted during a work contract, and is higher than the highest of the AEWR, a previous prevailing wage for the geographic area and crop activity or agricultural activity or, if applicable, a distinct work task or tasks performed in that activity, the agreed-upon collective bargaining wage, the Federal minimum wage, or the State minimum wage, the employer must pay at least that higher prevailing wage upon the Department's notice to the employer of the new prevailing wage.