Federal Employee Rights Under The H-2B Program Poster
The Employee Rights Under The H-2B Program is a workplace posters poster by the Federal Department Of Labor. This poster is mandatory for some employers, including employers of h-2b visa employees in non-agricultural fields.
This poster has information for employees in regards to federal protections available and employee rights of H-2B visa workers employed in non-agricultural labor or services.
Federal All-In-One Labor Poster: Instead of printing dozens of posters, employers can also purchase an all-in-one poster covering all Federal posting requirements by clicking here .
1-866-4-USWAGE (1-866-487-9243) TTY: 1-877-889-5627 www.dol.gov/whd U.S. Department of Labor Wage and Hour Division THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION EMPLOYEE RIGHTS • To receive accurate, WRITTEN INFORMATION about the wages, hours, working conditions, and benefits of the employment being offered • To receive this information before getting a visa (in the case of H-2B workers outside the U.S.) but no later than the first day of work (for other workers) • To receive this information in a language understood by the worker • To be PAID at least every two weeks at the rate indicated in the job order for all hours worked • To be informed in writing of all DEDUCTIONS (not otherwise required by law) that will be made from the worker’s paycheck • To receive an itemized, written STATEMENT OF EARNINGS (pay stub) for each pay period • To be guaranteed employment or payment for at least THREE-FOURTHS (75%) of the hours promised in the job order every 12-week period (or 6-week period for job orders under 120 days) • To be provided or, upon completion of 50 percent of the job order period, reimbursed for reasonable costs incurred for transportation and subsistence (including lodging incurred on the employer’s behalf and meals) from the worker’s home to the place of employment • H-2B workers must be provided or reimbursed for all visa, border-crossing, and visa-related fees in the first workweek of employment • Upon completion of the job order or if dismissed early for any reason, to be provided or paid for return transportation and subsistence • All employer-provided transportation must meet applicable safety standards • To be provided, at no cost, all TOOLS , SUPPLIES , and EQUIPMENT required to perform the assigned duties • To be FREE FROM DISCRIMINATION or DISCHARGE for filing a complaint, testifying, or exercising your rights in any way or helping others to do so • Employers and their agents MUST NOT request or receive payment from any worker for any costs related to obtaining the H-2B certification (such as application and r\ ecruitment fees) • Employers MUST NOT have sought H-2B workers during a strike or lockout a\ t any of the employer’s worksites within the geographic area listed in the job order • Employers MUST NOT place H-2B workers outside the geographic area(s) or the occupation listed in the job order • Employers MUST display this poster where employees can readily see it • Employer MUST NOT lay off or displace similarly employed U.S. workers within 120 days before the job order through the end of the job order • Employers MUST hire any eligible U.S. worker who applies until 21 days before the start of the job order • Employers MUST comply with all other applicable Federal, State, and loca\ l laws (including the prohibition against holding workers’ passports or other immigration doc\ uments) DISCLOSURE WAGES TRANSPORTATION AND VISA EXPENSES ADDITIONAL PROVISIONS The Immigration and Nationality Act (INA) allows for the employment of\ temporary, non-immigrant workers in nonagricultural labor or services (H-2B WORKERS). Department of Homeland Security (DH\ S) regulations allow for the employment of H-2B WORKERS only if the wages and working conditions of U.S. workers would not be a\ dversely affected. Two types of workers have rights under this program: • H-2B WORKERS and • OTHER WORKERS performing substantially the same work included in the H-2B job order or substantially the same work as that performed by the H-2B workers, except for certain long\ -term existing employees and certain employees under a collective bargaining agreement or individual employment contract. Workers who believe their rights under the program have been violated may file confidential complaints. For additional information: UNDER THE H-2B PROGRAM WH1505 FY2018 The Department of Labor Appropriations Act, 2016, Division H, Title I of Public Law 114-113 (“2016 DOL Appropriations Act”), provides that the Department of Labor (“Department”) may not use any funds to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any reference thereto (see Sec. 113). This appropriations rider has been included in the continuing resolutions that have passed throughout FY2017 and FY2018, and the Department remains prohibited from enforcing these provisions, or any reference thereto. However, the 2016 DOL Appropriations Act and continuing resolutions did not vacate these regulatory provisions, and they remain in effect, thus imposing a legal duty on H-2B employers, even though the Department will not use any funds to enforce them until such time as the rider may be lifted.
Other Federal Labor Law Posters 4 PDFS
There are an additional 45 optional and mandatory Federal labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.
- Original poster PDF https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/H2B-eng.pdf , updated May 2020
- Federal Labor Law Posters at https://www.dol.gov/general/topics/posters
- Federal Department Of Labor
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