H.R.1606 - Wage Equity Act of 2003108th Congress (2003-2004)
Text: H.R.1606 — 108th Congress (2003-2004)
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Introduced in House (04/03/2003)
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[Congressional Bills 108th Congress] [From the U.S. Government Printing Office] [H.R. 1606 Introduced in House (IH)] 108th CONGRESS 1st Session H. R. 1606 To amend the Immigration and Nationality Act to impose a limitation on the wage that the Secretary of Labor may require an employer to pay an alien who is an H-2A nonimmigrant agricultural worker. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 3, 2003 Mr. Goode introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act to impose a limitation on the wage that the Secretary of Labor may require an employer to pay an alien who is an H-2A nonimmigrant agricultural worker. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wage Equity Act of 2003''. SEC. 2. LIMITATION ON H-2A NONIMMIGRANT WAGE REQUIREMENT. (a) Conditions for Approval of H-2A Petitions.--Section 218(a) of the Immigration and Nationality Act (8 U.S.C. 1188(a)) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2)(A) In making the certification described in paragraph (1), the Secretary of Labor may not require an employer to pay workers more than the greater of-- ``(i) the prevailing wage for seasonal agricultural workers in the occupation in the area of intended employment, or ``(ii) the greater of the hourly wage described in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), or the applicable State minimum wage. ``(B) In complying with subparagraph (A)(i), an employer (or the employer's agent) may request and obtain a prevailing wage determination from the State employment security agency. An employer who obtains such a determination and pays the wage determined to be prevailing shall be considered to have met the requirement of subparagraph (A)(i). ``(C) In lieu of the procedure described in subparagraph (B), an employer may rely on other wage information, including a survey of the prevailing wages of workers in the occupation in the area of intended employment that has been conducted or funded by the employer or a group of employers, that meets criteria specified by the Secretary of Labor in regulations. ``(D) If the prevailing wage described in subparagraph (A)(i) is an hourly wage, the employer may pay workers in the occupation by an incentive method of pay such as a piece rate, task rate, group incentive rate, or other incentive method, if the average hourly earnings of the employer's workers paid by such incentive method, taken as a group, are at least equal to the prevailing hourly wage required by subparagraph (A)(i) for the hours worked at the incentive payment method, after making any additions to any worker's pay required to comply subparagraph (A)(ii).''. (b) Definitions.--Section 218(i) of the Immigration and Nationality Act (8 U.S.C. 1188(i)) is amended by adding at the end the following: ``(3) The term `prevailing wage' means, with respect to an agricultural occupation in an area of intended employment, the rate of wages that includes the 51st percentile of employees with similar experience and qualifications in the agricultural occupation in the area of intended employment, expressed in terms of the prevailing method of pay for the occupation in the area of intended employment.''. <all>