Farmworker Program

Employers must pay employees on time and provide their workers with itemized statements of earnings or deductions for each pay period. Agricultural employers must pay their workers for all hours worked.

If an employer is providing an employee with transportation to a jobsite, the vehicle used must be properly insured and operated by a licensed driver. The vehicle must also meet federal and safety standards (seatbelts, airbags, etc.).

When there are workers in the fields, agricultural employers are required to provide their employees with potable drinking water (this means that the water meets the U.S. Environmental Protection Agency’s National Primary Drinking Water Regulations). The water must be clean and safe for drinking. A water source must be provided and placed in locations readily accessible to all employees. The drinking water provided should be cool, and there should be sufficient amounts to meet the needs of all employees. Additionally, the water should be given out in single-use drinking cups or by drinking fountains. The use of shared drinking cups or “scoops” is prohibited.

An H-2A worker is a worker who comes to the United States on a visa to work temporarily in agriculture. Their contract contains certain rights, for example, they have the right to receive ¾ of all the hours promised in the contract. They have the right to be paid the higher of the minimum wage, the prevailing wage, or the Adverse Effect Wage Rate. They also have the right to have their work related travel expenses reimbursed. There are other rights associated with working under an H-2A contract, if you have questions please contact our office.

Yes, a U.S. worker may apply for a job under an H-2A contract and has priority in receiving the job up until the 50% point of the contract. If you have questions about whether you qualify as a U.S. worker, please call our office.