US Department of Agriculture Releases 2021 Farm Labor Report Showing Rising Wages for Farmworkers
On November 24, the Department of Agriculture’s National Agricultural Statistics Services (NASS) published its 2021 Farm Labor Report summarizing the findings of the 2021 Farm Labor Survey (FLS). The survey and the resulting report provide data on the regional market rates for crop and livestock workers and are key for calculating the Adverse Effect Wage Rate (AEWR), an important wage floor set by the U.S. Department of Labor (DOL) for the H-2A temporary agricultural visa program. As the H-2A program continues to expand—more than 300,000 positions were approved in fiscal year 2021—the AEWR
The results of the Farm Labor Report for 2021 show that farmworkers’ wages have been rising, which will result in higher minimum wages at H-2A program employers in every state. Nationally, hour pay for the relevant category—field and livestock workers combined—increased by almost 6.5%, from $14.62 per hour in 2020 to $15.56 in 2021. The table on the following pages provides the wage survey results for every state available, as well as data on the previous two years of wages.
The on-time issuance of the 2021 Farm Labor Report represents a major victory for farmworkers after the USDA attempted to cancel the survey and report in 2020. Because of the report’s importance in protecting farmworker wages, Farmworker Justice, along with Wilmer Hale, represented the United Farm Workers in a lawsuit against the USDA after the Department announced the cancellation. We won an injunction ordering the USDA to complete the survey, and the 2020 report was issued in February 2021.
In a related lawsuit, Farmworker Justice and Wilmer Hale represented the UFW to win a court order stopping the Trump Administration’s attempt to move away from market-based rate calculations and freeze wages at the 2020 AEWR level. DOL’s own calculations found that the Trump proposal would have “transferred” $178 million per year from workers to their employers. The court halted the Trump changes and required the Department of Labor (DOL) to calculate the annual AEWR—as it has for decades—based on the final FLS report for the prior year. As a result of that litigation, the new 2021 FLS report will form the basis for the 2022 AEWR and ensure that H-2A workers are paid for their essential work at fair rates.1
|
State |
2021 FLS Finding for 2022 AEWR |
2020 FLS Finding for 2021 AEWR |
2019 FLS Finding for 2020 AEWR |
% Change AEWR |
$ Change AEWR |
|
Alabama |
$11.99 |
$11.81 |
$11.71 |
1.52% |
$0.18 |
|
Arizona |
$14.79 |
$13.67 |
$12.91 |
8.19% |
$1.12 |
|
Arkansas |
$12.45 |
$11.88 |
$11.83 |
4.80% |
$0.57 |
|
California |
$17.51 |
$16.05 |
$14.77 |
9.10% |
$1.46 |
|
Colorado |
$15.58 |
$14.82 |
$14.26 |
5.13% |
$0.76 |
|
Connecticut |
$15.66 |
$14.99 |
$14.29 |
4.47% |
$0.67 |
|
Delaware |
$15.54 |
$14.05 |
$13.34 |
10.60% |
$1.49 |
|
Florida |
$12.41 |
$12.08 |
$11.71 |
2.73% |
$0.33 |
|
Georgia |
$11.99 |
$11.81 |
$11.71 |
1.52% |
$0.18 |
|
Hawaii |
$16.54 |
$15.56 |
$14.90 |
6.30% |
$0.98 |
|
Idaho |
$14.68 |
$14.55 |
$13.62 |
0.89% |
$0.13 |
|
Illinois |
$15.89 |
$15.31 |
$14.52 |
3.79% |
$0.58 |
|
Indiana |
$15.89 |
$15.31 |
$14.52 |
3.79% |
$0.58 |
|
Iowa |
$16.19 |
$15.37 |
$14.58 |
5.34% |
$0.82 |
|
Kansas |
$16.47 |
$15.89 |
$14.99 |
3.65% |
$0.58 |
|
Kentucky |
$13.89 |
$12.96 |
$12.40 |
7.18% |
$0.93 |
|
Louisiana |
$12.45 |
$11.88 |
$11.83 |
4.80% |
$0.57 |
|
Maine |
$15.66 |
$14.99 |
$14.29 |
4.47% |
$0.67 |
|
Maryland |
$15.54 |
$14.05 |
$13.34 |
10.60% |
$1.49 |
|
Massachusetts |
$15.66 |
$14.99 |
$14.29 |
4.47% |
$0.67 |
|
Michigan |
$15.37 |
$14.72 |
$14.40 |
4.42% |
$0.65 |
|
Minnesota |
$15.37 |
$14.72 |
$14.40 |
4.42% |
$0.65 |
|
Mississippi |
$12.45 |
$11.88 |
$11.83 |
4.80% |
$0.57 |
|
Missouri |
$16.19 |
$15.37 |
$14.58 |
5.34% |
$0.82 |
|
Montana |
$14.60 |
$14.55 |
$13.62 |
0.34% |
$0.05 |
|
Nebraska |
$16.47 |
$15.89 |
$14.99 |
3.65% |
$0.58 |
|
Nevada |
$15.58 |
$14.82 |
$14.26 |
5.13% |
$0.76 |
|
New Hampshire |
$15.66 |
$14.99 |
$14.29 |
4.47% |
$0.67 |
|
New Jersey |
$15.54 |
$14.05 |
$13.34 |
10.60% |
$1.49 |
|
New Mexico |
$14.79 |
$13.67 |
$12.91 |
8.19% |
$1.12 |
|
New York |
$15.66 |
$14.99 |
$14.29 |
4.47% |
$0.67 |
|
North Carolina |
$14.16 |
$13.15 |
$12.67 |
7.68% |
$1.01 |
|
North Dakota |
$16.47 |
$15.89 |
$14.99 |
3.65% |
$0.58 |
|
Ohio |
$15.89 |
$15.31 |
$14.52 |
3.79% |
$0.58 |
|
Oklahoma |
$13.88 |
$13.03 |
$12.67 |
6.52% |
$0.85 |
|
Oregon |
$17.41 |
$16.34 |
$15.83 |
6.55% |
$1.07 |
|
Pennsylvania |
$15.54 |
$14.05 |
$13.34 |
10.60% |
$1.49 |
|
Rhode Island |
$15.66 |
$14.99 |
$14.29 |
4.47% |
$0.67 |
|
South Carolina |
$11.99 |
$11.81 |
$11.71 |
1.52% |
$0.18 |
|
South Dakota |
$16.47 |
$15.89 |
$14.99 |
3.65% |
$0.58 |
|
Tennessee |
$13.89 |
$12.96 |
$12.40 |
7.18% |
$0.93 |
|
Texas |
$13.88 |
$13.03 |
$12.67 |
6.52% |
$0.85 |
|
Utah |
$15.58 |
$14.82 |
$14.26 |
5.13% |
$0.76 |
|
Vermont |
$15.66 |
$14.99 |
$14.29 |
4.47% |
$0.67 |
|
Virginia |
$14.16 |
$13.15 |
$12.67 |
7.68% |
$1.01 |
|
Washington |
$17.41 |
$16.34 |
$15.83 |
6.55% |
$1.07 |
|
West Virginia |
$13.89 |
$12.96 |
$12.40 |
7.18% |
$0.93 |
|
Wisconsin |
$15.37 |
$14.72 |
$14.40 |
4.42% |
$0.65 |
|
Wyoming |
$14.68 |
$14.55 |
$13.62 |
0.89% |
$0.13 |
1 The Biden Administration proposed a new AEWR methodology on December 1, 2021, which still relies heavily on the FLS report. That rule, if finalized, is not expected come into effect until the latter half of 2022 at the earliest.