Federal Employee Rights Under The H-2A Program Poster

WH1491 April 2012U.S. Department of Labor          Wage and Hour DivisionFor additional information:
1-866-4-USWAGE
(1-866-487-9243)     TTY: 1-877-889-5627
WWW.DOL.GOV/WHD	
UNDER THE H-2A PROGRAM	
EMPLOYEE RIGHTS	
• To		receive		accurate,		WRITTEN INFORMATION		about		the		wages,		hours,		working	
conditions,		and		benefits		of		the		employment		being		of	
 fered
• To	
	r	

eceive	
	this		information		prior		to		getting		a	visa		and		no		later		than		on		the		first		day		of		work
•	

To	
	r	
 eceive	
	this		information		in		a	language		understood		by		the		worker
•	

To	
	be		P	
 AID	
	at		least		twice		per		month		at		the		rate		stated		in		the		work		contract
•	

To	
	be		informed,		in		writing,		of		all		DEDUCTIONS		(not		otherwise		r	
 equired	
	by		law)		that		will		be	
made		fr	

om	
	the		worker’	
 s	
	paycheck
•	

To	
	r	
 eceive	
	an		itemized,		written		ST	
 ATEMENT OF EARNINGS	
	(pay		stub)		for		each		pay		period
•	

To	
	be		guaranteed		employment		for		at		least		THREE-FOUR	
 THS	
	(75%)		of		the		total		hours	
promised		in		the		work		contract
•	

To	
	be		pr	
 ovided	
	or	
 ,	
	upon		completion		of		50		per	
 cent	
	of		the		work		contract		period,		r	
 eimbursed	
for		r	

easonable	
	costs		incurr	
 ed	
	to		the		place		of		employment		for		transportation		and	
subsistence		(lodging		incurr	

ed	
	on		the		employer’	
 s	
	behalf		and		meals)
•	

Upon	
	completion		of		the		work		contract,		to		be		pr	
 ovided	
	or		paid		for		r	
 eturn	
	transportation	
and		subsistence
•	

For	
	workers		living		in		employer	
 -provided	
	housing,		to		be		pr	
 ovided	
	TRANSPOR	
 TATION,	
	at	
no		cost		to		the		worker	

,	
	between		the		housing		and		the		worksite
•	

All	
	employer	
 -provided	
	transportation		must		meet		applicable		safety		standar	
 ds,	
	be		pr	
 operly	
insured,		and		be		operated		by		licensed		drivers
•	

For	
	any		worker		who		is		not		r	
 easonably	
	able		to		r	
 eturn	
	to		his/her		r	
 esidence	
	within		the		same	
day,		to		be		pr	

ovided	
	HOUSING A	
 T NO COST
• Employer-provided	
	housing		must		meet		applicable		safety		standar	

ds
• Workers	
	who		live		in		employer	

-provided	
	housing		must		be		of	
 fered	
	thr	
 ee	
	meals		per		day		at	
no		mor	

e	
	than		a	DOL-specified		cost,		or		pr	
 ovided	
	fr	
 ee	
	and		convenient		cooking		and		kitchen	
facilities
• T	

o	
	be		pr	
 ovided	
	state		WORKERS’ COMPENSA	
 TION insurance	
	or		its		equivalent
•	

To	
	be		pr	
 ovided,	
	at		no		cost,		all		TOOLS	
 ,	
		
 SUPPLIES	
,	and			
 E	
q	UIPMENT	 r	

equired	
	to		perform	
the		assigned		duties
• TO BE FREE FROM DISCRIMINA	

TION	
	or			
 DISCHARGE		
for		filing		a	complaint,		testifying,		or	
exercising		your		rights		in		any		way		or		helping		others		to		do		so
•	

Employers	
	MUST		comply		with		all		other		applicable		laws		(including		the		pr	
 ohibition	
	against	
holding		workers’		passports		or		other		immigration		documents)
•	

Employers	
	and		their		agents,		including		for	
 eign	
	r	
 ecruiters,	
	or		anyone		working		on		behalf	
of		the		employer	

,	
		MUST		NOT		r	
 eceive	
	payment		fr	
 om	
	any		worker		for		any		costs		r	
 elated	
	to	
obtaining		the		H-2A		certification		(such		as		application		and		r	

ecruitment	
	fees)
•	

Employers	
	MUST		display		this		poster		wher	
 e	
	employees		can		r	
 eadily	
	see		it
•	

Employers	
	MUST		NOT		lay		of	
 f	
	or		displace		similarly		employed		U.S.		workers		within		60		days	
of		the		date		of		need		for		H-2A		workers
•	

Employers	
	MUST		hir	
 e	
	any		eligible		U.S.		worker		who		applies		during		the		first		50		per	
 cent	
	of	
the		appr	

oved	
	work		contract		period
DISCLOSURE
W	

AGES
TRANSPORTATION
HOUSING 
ADDITIONAL 
PROVISIONS	
THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION	
The		Immigration		and		Nationality		Act		(INA)		allows		for		the		employment		of		temporary,		non-immigrant		workers		in			
agriculture		(H-2A		WORKERS)		only		if	the		employment		of		U.S.		workers		would		not		be		adversely		impacted.			
 		
To		ensure			
that		U.S.		workers		are		not		adversely		impacted,		H-2A WORKERS and	

 OTHER WORKERS employed on an H-2A work 
contract or by an H-2A employer in the same agricultural work as the H-2\
A workers	
	have		the		following		rights:
W	

orkers	
	who		believe		their		rights		under		the		pr	
 ogram	
	have		been		violated		may		file		confidential		complaints.