20 CFR 655.120 : Employees' Benefits (§ 1.1 To Parts 1011-1099) — (Part 500 To § 656.41) — Employment And Training Administration, Department Of Labor (Part 600 To § 656.41) — Temporary Employment Of Foreign Workers In The United States (§ 655.0 To § 655.1319) — Labor Certification Process For Temporary Agricultural Employment In The United States (H-2A Workers) (§ 655.100 To § 655.235) — Prefiling Procedures (§ 655.120 To § 655.122) — Offered wage rate.

(a) To comply with its obligation under § 655.122(l), an employer must offer, advertise in its recruitment, and pay a wage that is the highest of the AEWR, the prevailing hourly wage or piece rate, the agreed-upon collective bargaining wage, or the Federal or State minimum wage, except where a special procedure is approved for an occupation or specific class of agricultural employment.

(b) If the prevailing hourly wage rate or piece rate is adjusted during a work contract, and is higher than the highest of the AEWR, the prevailing wage, the agreed-upon collective bargaining wage, or the Federal or State minimum wage, in effect at the time the work is performed, the employer must pay that higher prevailing wage or piece rate, upon notice to the employer by the Department.

(c) The OFLC Administrator will publish, at least once in each calendar year, on a date to be determined by the OFLC Administrator, the AEWRs for each State as a notice in the Federal Register.