1. Is my establishment legally required to complete the Agricultural Prevailing Wage and Common Practices Survey?

If you are hiring foreign labor you must complete the survey form. For all others, you are not required to complete it but your information is valuable because it forms the basis for the prevailing wage that is paid to foreign workers in your industry.

2. How does your department use the information provided in the survey?

Data from the survey are compiled and used to identify a prevailing wage for occupations in your industry. Any employer looking to hire foreign labor for those same occupations must pay the prevailing wage or better for that labor. This ensures that jobs, as much as possible, remain open to U.S. workers. Under the Foreign Labor Certification Program (H-2A Program), the employer must offer, recruit at, and pay a wage that is the highest of the Adverse Effect Wage Rate (AEWR) in effect at the time the job order is placed, the prevailing hourly or piece rate, the agreed-upon collective bargaining rate (CBA), or the Federal or State minimum wage.

3. If the survey is voluntary, why should I complete it?

Your information is extremely important for the economic development of an area, county, state, and our nation. Measuring the economy through the accurate data collection, dissemination, analysis and production of employer information is our area of expertise. Surveys that we conduct, like this one, are key to ensuring we are keeping current with the economic development issues. The information we collect will ensure the quality of wage and employment data for your industry.

For more information, please contact:

Massachusetts Department of Labor Standards

Occupational Safety and Health Statistics Program

Charles F. Hurley Building

19 Staniford Street, 2nd Floor

Boston, MA 02114
(617) 626-6945

FAQ information supplied in part by the Maine Department of Labor, Center for Workforce Research & Information