US Workers
Up to what point in the contract does the ER have to provide employment to any qualified eligible US worker that applies?
50%
What is the maximum amount an ER can charge for daily transportation to/from field?
$0
What is the latest an ER can provide H-2A EEs disclosure?
At the time at which they apply for a visa
During the course of reviewing the records, you notice of the 50 EEs, 10 were US workers being paid $1.50/hr than H-2A workers. In a 40 hr WW how much is owed to the H-2A workers?
$0
Which Act(s) CAN Apply to H-2A workers during the contract period, select all that apply:
FLSA
MSPA
Field Sanitation
CL
SCA
FLSA, Field Sanitation, CL and SCA
A company provides $100 target gift cards for newly arrived H-2A workers to gather supplies for their upcoming stay in the U.S. The gift cards were not provided to local workers who worked on the contract. Violation, Yay or Nay?
Yay!
Which of the following does the ER NOT have to pay for as part of inbound/outbound transportation?
-Hotel while waiting for Visa
-Fees of obtaining a passport
-Meals while in transit
-Bus to the town where they get their visa
-Expedited Visa Approval Fees
-Fees of obtaining transport
-Potentially Expedited Visa Approval Fees, if for employee's convenience and not needed/requested by ER
Which of the following DOES NOT need to be provided in the work contract for disclosure:
• the beginning and ending dates of the contract period as well as the location(s) of work;
• any and all significant conditions of employment, including payment for transportation expenses incurred, housing and meals to be provided (and related charges), specific days workers are not required to work (i.e., Sabbath, Federal holidays);
• the hours per day and the days per week each worker will be expected to work;
• the crop(s) to be worked and/or each job to be performed;
• the applicable rate(s) for each crop/job;
• full legal name of supervisor
• that any required tools, supplies, and equipment will be provided at no charge;
• that workers’ compensation insurance will be provided at no charge; and
• any deductions not otherwise required by law. All deductions must be reasonable. Any deduction not specified is not permissible.
full legal name of supervisor
At the beginning of the season, the ER required a $50 mattress and pillow deposit for each H-2A EE AND Domestic workers in the provided housing. At the end of the season, the records show the ER paid the full deposit back to each EE. Violation yay or nay?
Yay
How often does the ER have to pay
a) H-2A workers?
b) Corresponding workers?
Every 2 weeks for both!
*must also follow CA law for FLCs
An AGER in the previous season was short laborers on his H-2A contract. So he hired a local FLC with 20 workers to work the harvest last year. Do these FLC EEs who only worked 2 weeks out of the 10 month contract need to be called and offered a job under positive recruitment for this current season?
Yes!
At what point does the ER's obligation begin/end paying for inbound and outbound transportation?
The point of recruitment to the worksite
ALL OF IT!!!!!!
What is the latest that an ER can provide disclosure to corresponding workers?
You review an ER's contract 1/15/21 to 5/30/21. You investigate on 4/1/21, and the EEs report that they paid all inbound costs, but get paid back at the end of season for inbound and outbound costs. The ER shows you they fully reimbursed at the end of the season last year. Violation yay or nay?
Yay
An H-2A ER hires 30 US workers, 15 live about 10 mins away from worksite, the other 15 live 2.5 hours away. Who must they offer housing to?
Anyone who cannot reasonably return home- e.g. the 15 workers who live 2.5 hrs away
An AGER has 100 EEs year round the previous year, what % of EES does he/she need to offer of those 100 for the upcoming H-2A contract?
100%
What are the 2 ways the employer can meet their meals obligations under H-2A?
-Provide full kitchen facilities/transportation to the market no less than 1 time/week
-Provide 3 meals a day
How much can an employer charge for meals?
$13.17 (Check current DOL website, and should be listed on contract).
Your investigation substantiate that the employees had to pay all visa costs, what item on the 601 do you cite as a violation?
Cost Shifting: Item #41
Which of the following does the employer NOT need to furnish to the worker on or before each payday in one or more written statements:
(1) The worker's total earnings for the pay period;
(2) The worker's hourly rate and/or piece rate of pay;
(3) The hours of employment offered to the worker (showing offers in accordance with the three-fourths guarantee as determined in paragraph (i) of this section, separate from any hours offered over and above the guarantee);
(4) The hours actually worked by the worker;
(5) An itemization of all deductions made from the worker's wages;
(6) If piece rates are used, the units produced daily;
(7) Beginning and ending dates of the pay period; and
(8) The employer's name, address and FEIN.
Trick question! ALL OF THEM!
When covering positive recruitment:
a) what items do need to request
b) whom should you request them from
a) ER recruitment log including USCIS notifications
b) the employer and local SWA
You've measured the bedroom in the housing and it is 170 sq ft. How many workers are allowed to stay in that room?
3 workers
What is an employer allowed to charge for and/or deduct from if disclosed?
-Housing
-Lost Tools
-Meals
-Damage
-Transportation to/from work
-Inbound/Outbound transportation
Meals, Lost Tools, Damage
You added up the amount of total hrs that were required under the 3/4 guarantee. The contract hours were 1000 to meet 100%. A review of the records shows that the workers only worked 740 hours, what do you need to know if there's a violation?
You need to determine total wages earned and hours offered to the EE.
In what circumstance would you cover MSPA in an H-2A investigation?
For H-2A workers who continue to work past the contract period