1. Welcome to Workforce 3 One U.S. Department of Labor Employment and Training Administration Webinar Date: June 24, 2013 Presented by: The Division of National Programs, Tools and Technical Assistance - Specialty National Programs Unit Office of Workforce Investment U.S. Department of Labor Employment and Training Administration

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3. Moderator: Thadeus Roberts Title: Workforce Development Specialist U.S. Department of Labor Employment and Training Administration Presenter: Juan M. Regalado Title: National Monitor Advocate U.S. Department of Labor Employment and Training Administration 3

4. Presenter # 1: Gloria Bostic Title: State Monitor Advocate for the State of Minnesota Subject/Topic: Prevailing Wage Organization: Minnesota Department of Employment and Economic Development (DEED) Statewide System Presenter # 2: Gerry Aranda Title: State Monitor Advocate for the State of Michigan Subject/Topic: Prevailing Practices Organization: Workforce Development Agency, State of Michigan 4#

5. Agenda in a Nutshell  Welcome: Thadeus Roberts  Introduction of Presenters: Juan Regalado, Gloria Bostic and Gerry Aranda  The purpose of this webinar is to provide you with an overview of: 1.Prevailing Wage and Prevailing Employment Practices; 2.Prevailing Wage Surveys and Prevailing Practice Surveys as outlined in ETA Handbook No. 385 - Domestic Agricultural In-Season Wage Finding Process; 3.Examples of Survey Tools utilized by Minnesota and Michigan; and 4.Completing ETA Form 232 – Domestic Agricultural In-Season Wage Report 5#

6.  Presenter # 1: Juan M. Regalado  Title: National Monitor Advocate  Subject: Background Information on Topics #6

7. 7 Definition -  Prevailing Wage as described at 20 CFR 653.501 d(4) is: The wages and working conditions offered to agricultural workers are not less than the prevailing wages and working conditions among similarly employed agricultural workers in the area of intended employment or the applicable Federal or State minimum wage, whichever is higher; and If the wages offered are expressed as piece rates or as base rates and bonuses, the employer must make the method of calculating the wage and supporting materials available to Job Service (JS) staff who must check if the employer's calculation of the estimated hourly wage rate is reasonably accurate and is not less than the prevailing wage rate or applicable Federal or State minimum wage, whichever is higher.

8. 8  Prevailing Wage as described at 20 CFR 655.120(a): The H–2A nonimmigrant worker visa program enables United States (U.S.) agricultural employers to employ foreign workers on a temporary basis to perform agricultural labor or services. The Department’s H–2A regulations at 20 CFR 655.120(a) provide that employers must pay their H–2A workers and domestic workers in corresponding employment at least the highest of: (i) The Adverse Effect Wage Rate for the position; (ii) the prevailing hourly wage or piece rate; (iii) the agreed-upon collective bargaining wage, if applicable; or (iv) the Federal or State minimum wage, in effect at the time the work is performed, except where a special procedure has been approved for use in an occupation or specific class of agricultural employment.

9.  Presenter # 1: Gloria Bostic  Title: State Monitor Advocate for the State of Minnesota  Topic: Prevailing Wage #9

10. A determination of Prevailing Wage paid to agricultural workers based on a state – conducted survey; Within a specific geographic area; For a specific agricultural activity; and During a specific time period. #10

11.  Specified in ETA Handbook 385: There are four conditions which require Prevailing Wage Surveys: When one hundred (100) or more workers were employed in the previous season, or are expected to be employed in the current season; When foreign workers (H-2A) were employed in the previous season, or employers requested or expect to request foreign workers in the current season, regardless of the number of workers; When the crop activity has a complex wage method of payment structure, or there are other factors affecting the prevailing wage, which can best be determined by a wage survey; and When a crop is of national interest. #11

12. #12 State Prevailing Wage: Currently, there are thirty-two states that have their own prevailing wage and labor laws. Some states set a dollar threshold above which the prevailing wages laws apply; others do not set a threshold. State prevailing wage laws are sometimes referred to as, “Little Davis-Bacon Acts.” State Prevailing Wage

13. To implement regulations at 20 CFR 653.501 (intrastate and interstate recruitment of farmworkers) and 20 CFR 655.120 and 655.122 (H-2A recruitment procedures); To evaluate clearance orders; and To facilitate recruitment and placements, and to conduct earnings analysis. #13

14. State Workforce agency (SWA) and Employment and Training Administration (ETA); As a condition for receiving funds, the SWA agrees to schedule and conduct surveys; ETA CNPC approves survey plans and monitors process; and ETA National Office makes final determinations based on SWA surveys. #14

15. The agricultural reporting area is the basic geographic area in which the wage information is collected; There are various resources to assist you in creating your universe; and Resource Examples: UI Data Base (ES 202 Reports), State Labor Market Inf. (LMI) Job Orders(open & closed), grower associations, agricultural extension offices in your state, etc. #15

16. Create a list that includes the small, medium and large employers of domestic workers in the particular agricultural crop activity, job title; and If your survey includes H-2A employers, you must only survey the wages paid to their seasonal domestic workers in the same crop activity. #16

17. ET Handbook No. 385 describes the three methods for collecting data for wage surveys: 1)In Person; 2)By Mail; and 3)By Telephone. #17

18. Basically, the same strategies as creating a universe. You are attempting to reach as many appropriate employers, as quickly as you can. (open & closed JOs) (Telephone); Remember, you must ask for the number of workers and the wage amount paid at the peak of the season to those workers; and SWA conducting an ad-hoc must plan to also conduct a regular survey in the current or next harvest season. #18

19. Conducting Prevailing Wage Surveys continue - –When the crop or crop activity is designated as a major crop or crop activity by the national office, either because of the importance of the production of this crop to the national economy or because large numbers of the workers are employed in the crop activity in a number of different areas in the country. #19

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21.  Presenter # 2: Gerry Aranda  Title: State Monitor Advocate for the State of Michigan  Topic: Prevailing Practices #21

22. Definition -  Prevailing Practices as described at 20 CFR 655.103 (b) is a practice engaged in by employers that: 1)Fifty percent or more of employers in an area and for an occupation engage in the practice or offer the benefit; and 2)This 50 percent or more of employers also employs 50 percent or more of U.S. workers in the occupation and area (including H–2A and non-H–2A employers) for purposes of determinations concerning the provision of family housing, and frequency of wage payments, but non-H–2A employers only for determinations concerning the provision of advance transportation and the utilization of labor contractors. 22

23. For certain job elements, the employer must offer or must conform the job offer to conditions and standards which are “prevailing” “normal” or “common” practices or standards of other employers who hire U. S. workers in the same area and in the same occupation; and SWAs must arrive at determinations as to whether certain factors are “prevailing.” 23

24. The following is a list of practices that is considered pertinent to the industry: –Family Housing; –Provisions of Tools, Supplies, and Equipment; –Transportation Advances; –Productivity Standards; –Frequency of Pay; –Use of Crew Leaders Overrides; –Appropriateness of Required Occupational Qualifications; and Applicable regulation: 655.122 and 653, Subpart F. 24

25. SWAs are encouraged to conduct formal surveys of employers utilizing the sample size and data collection/analysis principles required for prevailing surveys in ETA 385 Handbook; and Survey findings and determinations verified by the Chicago NPC. 25

26. If a formal survey is not possible in view of time or budgetary constraints, SWAs must, to the extent that they are available: –Utilize expert staff knowledge and experience available in the State agency; –Informally survey local employers; –Contact organizations such as the Cooperative Extension Service and the Farm Bureau; –Consult with farm worker advocates and other informed sources in order to arrive at a reasonable determination of prevailing, common or normal practice; and –College or University personnel with expertise in agricultural science. 26

27. This “prevailing” standard and measurement must be used for determinations concerning: –family housing, (H-2A and non H-2A employers); –transportation advances, (non H-2A employers); –frequency of payment, (H-2A and non H-2A employers); –utilization of farm labor contractors (non H-2A employers); and The following slides are examples of Michigan’s survey tool and completed prevailing practice surveys. 27

28. Part I – General Information 1) Asks for business zip code 2) Do you provide transportation services? 3) If yes, is it in the form of?  Cash  Gas allowance  Bus ticket  Train ticket  Airline ticket  Wire money  Reimbursement  Other 28

29. Part I – General Information (cont.) 4) Do you provide any tools, supplies or equipment to workers for the job they were hired to perform? YESNO 5) If yes, do you charge your employees for supplies or tools? YESNO 6) Do you require any productivity standards of workers? YES NO 7) How often do you pay workers? Weekly Every 2 Weeks Monthly 29

30. Part I – General Information (cont.) 8) Do you use Farm Labor Contractors? Yes No 9) If yes, do you pay the Farm Labor Contractors an override for their services? Yes No 10) When you hire workers, what occupational qualifications do you require? Previous agricultural experience Ability to operate farm equipment Ability to lift less than 50 lbs. Ability to lift over 50 lbs. Other #30

31. Part I – General Information (cont.) 11) What do you do to recruit or find agricultural workers? Use an agent to recruit and/or hire agricultural workers; Use farm worker organizations to recruit agricultural workers; Contact former agricultural workers by phone or mail; Place media ads for agricultural workers; Visit areas where agricultural workers live to recruit; Use the MWA! 1-Stop as a source for agricultural workers employ AG workers that were initially hired by other growers; Recruit through your current agricultural workers; Use temporary agencies to recruit agricultural workers; and Post agricultural positions on public bulletin boards. 31

32. Part II – H-2A Agricultural Workers 12) Do you participate in the H-2A program? Yes No 13) If yes, what is the total number of H-2A workers employed at the peak period of need? #32

33. Part III – U.S. Agricultural Workers 14) Do you hire U.S. workers? Yes No 15) If yes, what is the total number of U.S. workers employed at the peak period of need? 16) Do you provide housing for U.S. workers? Yes No #33

34. Part III – U.S. Agricultural Workers 17)What type of U.S. workers housing do you provide? a) Housing is provided for workers and their non-working family members? Yes No b) Housing is provided just for workers? Yes No 18) If U.S. worker housing is available, do you charge your workers for any of the following? No charge Rent Utilities Security deposit Other #34

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37.  Some useful links: http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm http://www.foreignlaborcert.doleta.gov/h_2a_details.cfm http://www.foreignlaborcert.doleta.gov/pdf/H2A_Final.pdf http://www.foreignlaborcert.doleta.gov/aowl_survey_pdf.cfm http://www.foreignlaborcert.doleta.gov/pdf/ET_385_Wage_Finding_Process.pdf http://www.foreignlaborcert.doleta.gov/pdf/h-2a_faq_round5.pdf http://www.dol.gov/whd/minwage/america.htm #37

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39. Speaker: Juan M. Regalado Title: National Monitor Advocate Organization: U.S. Department of Labor, Employment and Training Administration Email: regalado.juan@dol.govregalado.juan@dol.gov Telephone: 415-625-7904 Speaker: Gloria Bostic Title: State Monitor Advocate for the State of Minnesota Organization: Minnesota Department of Employment and Economic Development (DEED) Statewide System Email: gloria.bostic@state.mn.usgloria.bostic@state.mn.us Telephone: 1-651-259-7513 39# Speaker: Gerry Aranda Title: State Monitor Advocate for the State of Michigan Organization: Workforce Development Agency, State of Michigan Email: ArandaG@michigan.govArandaG@michigan.gov Telephone: 1-269-657-7014

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41. Thank You! Find resources for workforce system success at: www.workforce3one.org 41#