Fair Wages and Safe Working Conditions

Many migrant workers are paid below-market wages and are not compensated for overtime.  Migrant workers should be paid a fair wage and should have the ability to switch employers.  Many migrant workers are unable to recover workers’ compensation after job-related injuries.

WHAT THE SENATE BILL WOULD DO: The Senate Bill would require that H-2B workers be paid the greater of the actual wage level paid by the employer to other employees with similar experience and qualifications for such position or the prevailing wage level for the occupational classification of the position based on the best information available at the time the application is filed.  The wage structure would improve wages for some H-2B workers from the 2008 prevailing wage schema that was recently declared invalid by the CATA court.  It would not improve wages for industries such as seafood, where an employer survey is used to calculate the prevailing wage.

The new W visa would have a wage structure requiring that workers be paid the greater of the level 4 wage set out by the Foreign Labor Certification Data Center Online Wage Library for such occupation in that metropolitan statistical area or the mean of the highest two-thirds of wages surveyed for such occupation in that metropolitan statistical area.