H-2A Compliance Review NOW THAT THE EMPlOYMENT AND TRAINING ADMINISTRATION (ETA) HAS CERTIFIED H-2A JOBS FOR YOU, ARE YOUR AWARE: THAT THE FOREIGN H-2A WORKERS CAN WORK: ONlY FOR YOUIJ ONlY AT THE lOCATION(S) NAMEDIJ ONlY PERFORMING THE NAMED CROP ACTIVITYIJ ONlY AT THE STATED RATE(S) OF PAYIJ ONlY DURING THE STATED TIME PERIODIJ THAT YOU MUST HIRE All U.S. JOB APPlICANTS REFERRED TO YOU WHO ARE READY, WIllING AND ABlE TO PERFORM THE JOB DURING THE FIRST 50% OF THE CONTRACT PERIODIJ THAT All U.S. WORKERS DOING THE SAME JOBS AS H-2A WORKERS (CORRESPONDING EMPlOYMENT) ARE ENTITlED TO All THE RIGHTS AND PROTECTIONS OF THE CONTRACTIJ FOR INSTANCE, YOU MUST PROVIDE FREE TRANSPORTATION, FROM POINT OF RECRUITMENT TO THE WORKSITE AND BETWEEN HOUSING SITE AND FIElDS, AND FREE HOUSING, TO BOTH H-2A AND U.S. MIGRANT WORKERSIJ THAT IF YOU TERMINATE A WORKER OR A WORKER ABANDONS EMPlOYMENT, YOU MUST IMMEDIATElY CONTACT THE lOCAl JOB SERVICE SO THERE IS AN OPPORTUNITY TO INVESTIGATE THE CIRCUMSTANCES OF THE TERMINATION_ABANDONMENT OR TO REFER QUAlIFIED U.S. WORKERS TO FIll JOB OPENINGSIJ THAT WORKERS WHO COMPlETE THE SEASON OR ARE TERMINATED WITHOUT SUFFICIENT CAUSE MUST BE PAID THEIR RETURN TRANSPORTATION AND FUll-3_4 GUARANTEEIJ YES NO ONCE EMPlOYMENT OF U.S. WORKERS IN CORRESPONDING EMPlOYMENT, OR EMPlOYMENT OF H-2A WORKERS COMMENCES, DO YOU: 1. PROVIDE THE WORK CONTRACT OR JOB ORDER (FORM ETA-790) TO EACH WORKER (FOREIGN OR U.S. WORKER IN CORRESPONDING EMPlOYMENT) BY THE FIRST WORKDAYIJ 2. KEEP All REQUIRED PAYROll RECORDSIJ 3. PROVIDE REQUIRED WAGE STATEMENT TO WORKER ON OR BEFORE EACH PAYDAYIJ 4. PAY All WAGES DUE ON THE DISClOSED PAYDAYIJ 5. PAY THE CORRECT WAGE RATE EACH PAYDAYIJ THAT RATE IS THE HIGHEST OF THE AEWR, STATE OR FEDERAl MINIMUM WAGE, PREVAIlING WAGE, OR PROMISED WAGE, INClUDING PIECE-RATES. 6. GUARANTEE PAYMENT FOR 3_4 OF THE WORK HOURS IN THE CONTRACT PERIODIJ 7. MAKE All lEGAllY REQUIRED PAYROll DEDUCTIONS AND NOT MAKE DEDUCTIONS PROHIBITED BY lAW OR NOT DISClOSED IN WORKER CONTRACTIJ 8. A. PROVIDE HOUSING TO All WORKERS UNDER THE CONTRACT (U.S. WORKERS IN CORRESPONDING EMPlOYMENT AND H-2A WORKERS) WHO CANNOT REASONABlY RETURN TO THEIR PERMANENT HOME AT NIGHTIJ AND B. ENSURE THE HOUSING REMAINS IN COMPlIANCE WITH APPlICABlE SAFETY AND HEAlTH STANDARDSIJ 9. PROVIDE HOUSING DESCRIBED IN n8 FREE OF CHARGE FOR RENT OR DEPOSITS TO All WORKERSIJ 10. A. PAY THE COST OF TRANSPORTATION AND SUBSISTENCE, TO YOUR FARM, FROM WHERE EACH U.S. OR FOREIGN WORKER WAS RECRUITED WHEN THE WORKER COMPlETES 50% OF THE CONTRACTIJ B. PROVIDE DAIlY TRANSPORTATION FROM THE HOUSING TO THE WORK SITE AT NOT COSTIJ C. AT THE END OF THE CONTRACT PERIOD, PAY FOR THE WORKER'S RETURN TRANSPORTATION AND SUBSISTENCE TO "THE PlACE FROM WHICH HE CAME", USUAllY HIS OR HER HOMEIJ 11. ENSURE THAT VEHIClES USED TO TRANSPORT U.S. OR H-2A WORKERS MEET FEDERAl, STATE AND lOCAl SAFETY REQUIREMENTSIJ 12. PROVIDE THREE MEAlS PER DAY AT COST OR FREE CENTRAlIZED COOKING FACIlITIES FOR THE WORKERSIJ 13. PROVIDE NECESSARY TOOlS, SUPPlIES AND EQUIPMENT AT NO COST TO THE WORKERIJ 14. PROVIDE WORKERS COMPENSATION INSURANCE (OR ITS EQUIVAlENT IF WORKERS ARE EXClUDED FROM STATE WORKERS COMPENSATION) AT NO COST TO THE WORKERIJ 15. IN CASE OF CONTRACT IMPOSSIBIlITY ("ACT OF G0D") THAT REQUIRES TERMINATION OF EMPlOYMENT PRIOR TO THE END OF THE CONTRACT PERIOD, PROVIDE REMAINING CONTRACT BENEFITS, INClUDING PAYMENT OF 3_4 GUARANTEE OBlIGATIONS (UP TO TIME OF THE EVENT WHICH TERMINATED THE EMPlOYMENT) AND RETURN TRANSPORTATION_SUBSISTENCEIJ 16. A. AVOID REJECTING OR TERMINATING U.S. WORKERS OTHER THAN FOR lAWFUl JOB-RElATED REASONSIJ AND DO YOU B. NOTIFY THE lOCAl JOB SERVICE OFFICE OF All REJECTIONS, TERMINATIONS AND RESIGNATIONS OF U.S. AND_OR FOREIGN WORKERSIJ 17. PROVIDE U.S. WORKERS EMPlOYED IN OR APPlYING FOR CORRESPONDING EMPlOYMENT WAGES, BENEFITS, AND WORKING CONDITIONS AT lEAST EQUAl TO THOSE PROVIDED TO FOREIGN WORKERSIJ 18. AVOID DISCRIMINATING AGAINST WORKERS WHO TESTIFY OR OTHERWISE EXERCISE THEIR RIGHTSIJ 19. AVOID CAUSING WORKERS TO WAIVE THEIR RIGHTSIJ 20. PERMIT DOl INVESTIGATIONS OF YOUR BUSINESSIJ 21. AVOID INTERFERING WITH DOl OFFICIAlS WHO INVESTIGATE YOUR BUSINESS ACTIVITIESIJ 22. AVOID PROVIDING FAlSE INFORMATION TO DOl OFFICIAlSIJ 23. MAKE RECORDS AVAIlABlE TO DOl, THE WORKER OR THE WORKERS REPRESENTATIVEIJ 24. COMPlY WITH All FEDERAl, STATE AND lOCAl EMPlOYMENT-RElATED lAWS AND REGUlATIONSIJ 25. COMPlY WITH THE FAIR lABOR STANDARDS ACTIJ 26. IF YOU EMPlOY U.S. WORKERS, COMPlY WITH THE MIGRANT AND SEASONAl AGRICUlTURAl WORKER PROTECTION ACTIJ IF YOU ANSWERED "YES" TO EACH QUESTION, YOU SHOUlD BE IN FUll COMPlIANCE. IF YOU ANSWERED "NO" TO SOME QUESTION(S),YOU MAY WISH TO CONTACT THE NEAREST WAGE AND HOUR DIVISION OFFICE lISTED IN TElEPHONE BOOK AND AVAIlABlE VIA THE DOl HOME PAGE AT http:__www.dol.gov_esa_contacts_whd_america2.htm. THIS IS ONE OF A SERIES OF COMPlIANCE ASSISTANCE FACT SHEETS HIGHlIGHTING U.S. DEPARTMENT OF lABOR PROGRAMS. IT IS INTENDED AS A GENERAl DESCRIPTION ONlY AND DOES NOT CARRY THE FORCE OF lEGAl OPINION.