I-94s, Grace Periods, and Compliance: What Employers Need to Know About Legal Status Verification
I-94s, Grace Periods, & Compliance: What Employers Need to Know About Legal Status Verification At Farmer Law PC, we regularly…
After a recent decision, The Department of Labor (DOL) has finally acknowledged the difference between the use of trucks to move crops within farm premises and using a truck to transport crops from the farms to marketplaces.
This replaced a previous mandate that unfairly categorized certain farm employees as heavy and tractor-trailer truck drivers leading to escalated labor expenses for farmers. Read an excerpt from the full text below:
“Based on the description of the location, type of equipment involved, and purpose of the truck driving in this example (i.e., driving trucks loaded with harvested crops from one location to another on the farm), neither SOC code 53-3033 (Light Truck Drivers) nor SOC code 53-3032 (Heavy and Tractor-Trailer Truck Drivers) would be assigned to the job opportunity. Therefore, even if the SWA and CO assign both SOC codes 45- 2091 and 45-2092, both are within the “Big Six” and subject to the FLS-based AEWR.”
Furthermore, the Department has provided essential clarification, confirming that agricultural equipment operators are indeed entitled to lower FLS-AEWR wages.
It’s important to note that farm construction work is still allotted higher OEWS-AEWR wages. This is a topic of ongoing legal disputes, with several lawsuits against the Department’s recent wage methodology revisions currently in the federal court system. Regardless of these complexities and exceptions, the H-2A temporary agricultural visa program remains a positive alternative for agricultural employers grappling with labor shortages.
As the DOL continues to demonstrate its ongoing commitment to providing realistic and fair solutions for our hardworking agricultural sector, staying updated on the latest news and announcements is crucial for H-2A employers. If you want to learn more about how this change could impact you, your business, or your visa applications – contact Farmer Law PC and speak to one of our legal experts today!
We offer world class communication and responsiveness to all of our clients and our comprehensive approach can simplify even the most complicated of visa programs.
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