H2A in California

Presented by: Ruben Lugo

USDOL Wage and Hour Regional AG Enforcement Coordinator

Purpose of the H-2A Program

The INA allows employers to import temporary, foreignagricultural workers by applying for certification that

(A) there are not sufficient workers who are able, willing,and qualified, and who will be available at the time andplace needed, to perform the labor or services involvedin the petition, and

(B) the employment of the alien in such labor or serviceswill not adversely affect the wages and working conditionsof workers in the United States similarly employed

Government Agencies Involved in the H2A application process

• EDD- State Workforce Agency • DOL ETA- Chicago Processing Center • US Custom and Immigration Service (USCIS) • US State Department- Consulate Offices • US Customs & Border Patrol

Enforcement Of H2A Provisions • US DOL Wage and Hour-overall H2A Provisions • US Department of Justice-U.S. Worker Protection • USCIS- Visa Fraud

WHD Enforcement Authority

The Secretary of Labor is authorized to take such actions, including imposing appropriate penalties and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with terms and conditions of employment under this section.

2012-2016 H2A Investigation in the Western

Region have resulted in:

• 104 Investigations • $5.5 Million owed to 5,978

workers • $8.6 Million paid in civil money

penalties

H2A Requirement Categories

• U.S. Worker Protections

• Disclosure

• Wage-Related Requirements

• Recordkeeping

Requirement Categories

• Housing

• Transportation

• Other Legal Requirements

• H-2ALC Specific Requirements

Most Common Violations on US Worker Protections Requirements

• Rejections of U.S. workers • Not hiring a domestic worker who is able, willing and qualified

to work on an H2A job opportunity. • Very serious violations with high penalties

• Preferential Treatment of ForeignWorkers • Providing higher wages, more hours, better working

conditions or housing to the foreign workers than U.S.workers in corresponding employment.

Most Common Violations on Wage Related Requirements

• Not paying the highest applicable wage rate.

• Misclassification of a corresponding Worker

• Not paying for all hours worked

.64 North Dakota

$13.64 South Dakota

$12 .83 Massachusetts

~ 12.83 $13.64

Rhode Island

Nebraska

t12 .83 t!onnecticut

$13.64 Kansas

$12.05 Delaware

$11.87 Oklahoma

$11.87 Texas

~~

,.r $14. 3 7 ~

Hawaii 0--'

C=:J State < $10.00 State > $13.00

$10.00 < State < $11.00

2018 H2 Hourly Wages AEWR

Most Common Housing Violations

• Housing not maintained in a safe and sanitary condition.

• Not providing adequate cooking facility

• Not providing 3 meals when there are no cooking facilities.

Making good choices with meal options

H2A workers using Social Media to assert their rights

https://www.youtube.com/watch?v=zJO4evAXe-o

https://www.youtube.com/watch?v=geM6LNrP0TM

https://www.youtube.com/watch?v=1QZBXgeLmME

\ Business I Local News I Northwest

Dozens of Mexican workers left in limbo aft~ "Whatcom County farm walkout Originally published August 11 , 2017 at 9 19 pm I Updated August 14, 2017 at 6 ·14 pm

Study Accounting. Administration. Finance, HR, and More.

© !~.t .fc~!.'rv) ~

Seattle Times article on the H2A situation in the State of Washington

What steps will you take?

• Serious illness with an H2A employee

• Work place job injury or death

• Violence against your H2A employees

G Farms- Arizona 2017

Most Common Transportation Violations

• Unsafe Vehicle

• Unlicensed driver

• Not reimbursing the H2A worker the correct amount of inbound and subsistence

• Not reimbursing the H2A workers the correct amount of inbound and subsistence

Other Common Violations

• Fully paying for the cost of obtaining a Visa. • Recouping cost of H2A by charging the H2A employee

• Recruitment • Ensuring that the H2A workers did not pay

for any fees to secure an H2A job. • Visa Fraud- Misuse of the H2A Visa

program

Best Practices You May Consider

• Educate yourself on all H2A Requirements

• Ask for help if needed

• Start small and then expand

• Secure your housing and transportation before you apply for H2A workers

• Keep a recruitment report and offer the H2A job opportunity to all eligible US workers.

Thank you for being a great audience!

For more information

Ruben Lugo lugo.ruben@dol.gov