Wages
The Department of Labor establishes the applicable H2A wage rate which must be paid at least twice per month to both H2A workers and US workers in corresponding employment. The wage is the highest of the Adverse Effect Wage Rate (AEWR), the prevailing hourly wage rate, the prevailing piece rate, the agreed-upon collective bargaining rate or the Federal or State minimum wage rate. Generally, the AEWR is the applicable wage and the current AEWRs can be found here: https://www.dol.gov/agencies/eta/foreign-labor/wages/adverse-effect-wage-rates
Three-Fourths Guarantee
The employer must guarantee that workers will have the opportunity to work at least three-fourths of the total hours in the contact period. This includes both actual hours worked as well as hours offered. This guarantee is calculated as a percentage of all the working hours in the season as specified by the employer.
Recruitment
In an attempt to recruit US workers who are able, willing, qualified and available to perform the job, an advertisement will be placed on a website administered by the Department of Labor https://seasonaljobs.dol.gov/. The employer must also cooperate with the State Workforce Agency in the referral of potential US workers.
Housing
The employer must provide free housing to workers who are not reasonably able to return to their residences that same day. Such housing must be inspected and approved by the State Workforce Agency prior to Department of Labor approval.
Meals
The employer must provide free and convenient cooking facilities to the workers so they may prepare their own meals OR provide three meals per day with the option to be reimbursed by the workers for the cost up to federally specified limits per day.
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Transportation
The employer reimburses the workers’ cost of inbound transportation and daily subsistence from their homes abroad to the place of employment at the beginning of the season and the outbound transportation costs including subsistence to their homes abroad or to the workers’ next job site at end of the season. The employer must also provide free daily transportation to and from housing and worksite(s). The employer must also provide transportation to town so that the workers can obtain groceries, go to the bank, etc. at least once a week.
Worker’s Compensation
The employer must provide worker's compensation insurance for all workers.
Tools and Supplies
The employer must provide the tools and supplies necessary to perform the job duties at no cost to the workers.
Employment
The employer must offer employment to any able, willing, qualified and available U.S. Worker who applies for the job through 50% of the contract period.
Payroll Records
The employer must maintain certain items related to payroll and make certain disclosures to the workers on or before each payday. Agri Placements provides templates in compliance with the pertinent regulations related to earnings records and earnings statements.
WE HANDLE ALL TYPES OF AGRICULTURAL LABOR.
CONTACT US TODAY FOR ALL YOUR H2A NEEDS!
