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 YOU?
- ONLY AT THE LOCATION(S) NAMED?
- ONLY PERFORMING THE NAMED CROP ACTIVITY?
- ONLY AT THE STATED RATE(S) OF PAY?
- ONLY DURING THE STATED TIME PERIOD?
- 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 PERIOD?
- 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 CONTRACT? 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
WORKERS?
- 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
OPENINGS?
- THAT WORKERS WHO COMPLETE THE SEASON OR ARE TERMINATED WITHOUT
SUFFICIENT CAUSE MUST BE PAID THEIR RETURN TRANSPORTATION AND FULL-¾
GUARANTEE?
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ONCE EMPLOYMENT OF U.S. WORKERS IN CORRESPONDING EMPLOYMENT, OR
EMPLOYMENT OF H-2A WORKERS COMMENCES, DO YOU: |
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PROVIDE THE WORK CONTRACT OR JOB ORDER (FORM ETA-790) TO EACH WORKER
(FOREIGN OR U.S. WORKER IN CORRESPONDING EMPLOYMENT) BY THE FIRST
WORKDAY? |
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KEEP ALL REQUIRED PAYROLL RECORDS? |
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PROVIDE REQUIRED WAGE STATEMENT TO WORKER ON OR BEFORE EACH
PAYDAY? |
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PAY ALL WAGES DUE ON THE DISCLOSED PAYDAY? |
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PAY THE CORRECT WAGE RATE EACH PAYDAY? THAT RATE IS THE HIGHEST OF
THE AEWR, STATE OR FEDERAL MINIMUM WAGE, PREVAILING WAGE, OR PROMISED
WAGE, INCLUDING PIECE-RATES. |
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GUARANTEE PAYMENT FOR ¾ OF THE WORK HOURS IN THE CONTRACT
PERIOD? |
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MAKE ALL LEGALLY REQUIRED PAYROLL DEDUCTIONS AND NOT MAKE DEDUCTIONS
PROHIBITED BY LAW OR NOT DISCLOSED IN WORKER CONTRACT? |
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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 NIGHT? AND
ENSURE THE HOUSING REMAINS IN COMPLIANCE WITH APPLICABLE SAFETY AND
HEALTH STANDARDS? |
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PROVIDE HOUSING DESCRIBED IN #8 FREE OF CHARGE FOR RENT OR DEPOSITS
TO ALL WORKERS? |
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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 CONTRACT?
PROVIDE DAILY TRANSPORTATION FROM THE
HOUSING TO THE WORK SITE AT NOT COST?
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 HOME? |
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ENSURE THAT VEHICLES USED TO TRANSPORT U.S. OR H-2A WORKERS MEET
FEDERAL, STATE AND LOCAL SAFETY REQUIREMENTS? |
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PROVIDE THREE MEALS PER DAY AT COST OR FREE CENTRALIZED COOKING
FACILITIES FOR THE WORKERS? |
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PROVIDE NECESSARY TOOLS, SUPPLIES AND EQUIPMENT AT NO COST TO THE
WORKER? |
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PROVIDE WORKER’S COMPENSATION INSURANCE (OR ITS EQUIVALENT IF
WORKERS ARE EXCLUDED FROM STATE WORKERS COMPENSATION) AT NO COST TO THE
WORKER? |
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IN CASE OF CONTRACT IMPOSSIBILITY ("ACT OF GOD") THAT REQUIRES
TERMINATION OF EMPLOYMENT PRIOR TO THE END OF THE CONTRACT PERIOD, PROVIDE
REMAINING CONTRACT BENEFITS, INCLUDING PAYMENT OF ¾ GUARANTEE OBLIGATIONS
(UP TO TIME OF THE EVENT WHICH TERMINATED THE EMPLOYMENT) AND RETURN
TRANSPORTATION/SUBSISTENCE? |
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AVOID REJECTING OR TERMINATING U.S. WORKERS OTHER THAN FOR
LAWFUL JOB-RELATED REASONS? AND DO YOU
NOTIFY THE LOCAL JOB SERVICE OFFICE OF ALL REJECTIONS, TERMINATIONS
AND RESIGNATIONS OF U.S. AND/OR FOREIGN WORKERS? |
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PROVIDE U.S. WORKERS EMPLOYED IN OR APPLYING FOR CORRESPONDING
EMPLOYMENT WAGES, BENEFITS, AND WORKING CONDITIONS AT LEAST EQUAL TO THOSE
PROVIDED TO FOREIGN WORKERS? |
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AVOID DISCRIMINATING AGAINST WORKERS WHO TESTIFY OR OTHERWISE
EXERCISE THEIR RIGHTS? |
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AVOID CAUSING WORKERS TO WAIVE THEIR RIGHTS? |
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PERMIT DOL INVESTIGATIONS OF YOUR BUSINESS? |
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AVOID INTERFERING WITH DOL OFFICIALS WHO INVESTIGATE YOUR BUSINESS
ACTIVITIES? |
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AVOID PROVIDING FALSE INFORMATION TO DOL OFFICIALS? |
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MAKE RECORDS AVAILABLE TO DOL, THE WORKER OR THE WORKER’S
REPRESENTATIVE? |
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COMPLY WITH ALL FEDERAL, STATE AND LOCAL EMPLOYMENT-RELATED LAWS
AND REGULATIONS? |
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COMPLY WITH THE FAIR LABOR STANDARDS ACT? |
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IF YOU EMPLOY U.S. WORKERS, COMPLY WITH THE MIGRANT AND SEASONAL
AGRICULTURAL WORKER PROTECTION ACT? |
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