ASSIMILATION Act

(3)

(A) in determining the wage rates to be paid to H–2A workers under this subsection, the Secretary of Labor shall use a wage-rate methodology that ensures—

(i) such workers are not paid less than a wage rate that would adversely affect similarly employed United States workers; and

(ii) the wage rate for such workers is not less than the highest of—

(I) the prevailing wage in the area of intended employment for the occupation code, as determined under regulations promulgated by the Secretary of Labor;

(II) the applicable Federal or State minimum wage; and

(III) the average hourly wage paid to United States workers in the same occupation code and area of intended employment (based on recent official data), rounded up to the next whole dollar.

(B) The Secretary of Labor—

(i) shall publish the applicable wage rates for each occupation code and area of intended employment before the beginning of each agricultural season; and

(ii) may update such rates at least annually.

(C) This paragraph may be enforced in the same manner as any other wage requirements under this section.