S. 4249: Farmworker Access and Retention Modernization Stability Act (119th Congress) Bill Summary

The bill, known as the Farmworker Access and Retention Modernization Stability Act, proposes updates to wage regulations for H-2A agricultural workers. It aims to give the Secretary of Labor the authority to set annual wage rates for these workers based on their skill levels. Here is an overview of what the bill entails:

Wage Tiers for H-2A Workers

The bill introduces a 2-tiered wage structure for H-2A workers, which classifies jobs into two categories based on skill and experience. These are:

Skill Level I: Designated for entry-level positions that do not require extensive experience.
Skill Level II: Reserved for positions that demand formal education, training certificates, or significant experience in agricultural operations. Workers in this category would receive a higher wage than those in Skill Level I.

Annual Wage Rate Establishment

The Secretary of Labor will annually determine the minimum wage rates that must be paid to H-2A workers, which could be different from the existing Federal or State minimum wage rates applicable to agricultural employment. These rates will be influenced by the skill levels of the jobs as described in the 2-tiered system.

Compensation Adjustment for Housing

Additionally, the bill includes provisions for adjusting wages to account for housing provided to H-2A workers. This will involve:

Establishing a compensation adjustment factor that reflects the value of the housing provided.
Calculating this factor based on a weighted statewide average of fair market rents for a 4-bedroom housing unit, as gathered by the Department of Housing and Urban Development.
Ensuring that the compensation adjustment does not exceed 30 percent of the relevant wage rate established for that state.

By implementing these changes, the bill seeks to create a more structured and fair compensation system for agricultural workers who come to the U.S. through the H-2A visa program, making it easier for employers and ensuring that workers are compensated fairly based on their skills and living circumstances.