The AWER is $12.99/hr, the AGER applied for 199 H-2A workers to harvest potatoes. He also advertised in the local newspaper and hired 28 domestic workers to perform the same work. He advertised a RR of $14.00 for those EEs. The AGER is required to pay at least this RR to the H-2A workers?
What is $12.99/hr?
100
This FOH chapter covers MSPA
What is Chapter 57?
100
This is where we file history in the case file.
What are D-Exhibits?
100
This FOH Chapter explains how the limits of the investigation must be discussed with the employer and in the narrative report.
What is FOH 51a03(b)(3)?
100
True or False: In non-violation cases, a description of actions taken for future compliance is not required
What is false (Future/continued compliance is always required)
200
Corresponding Employment is defined as:
a. Workers who show up at the same time to work and all are from the local area.
b. Workers who are from the local area and the surrounding states.
c. Workers who are not H-2A workers by an H-2A employer.
What is “c”, workers who are not H-2A workers by an H-2A employer?
200
The letters in "FRESH-T" represent this.
What is Furnish, Recruit, Employ, Solicit, Hire, and Transport?
200
This is where we list the ER's investigative history in the narrative.
What is Status of Compliance?
200
During this, the WHI should start the discussion with the employer as to whether or not the investigation will be limited
What is at the Initial Conference?
200
True or False: Reasons for violations are addressed under Status of Compliance Answer
What is false (under Disposition)
300
In a Joint-Employment Relationship, this is identified as the most important factor.
a. Both Names are on the Deed of Trust
b. No factor carries more weight than any other
c. Control
What is B. No factor carries more weight than any other?
300
This person must ensure that the facility or real property complies with all applicable Federal and State safety and health provisions.
What is "any person not specifically exempt from the MSPA who owns or controls real property which is used as housing for any migrant agricultural worker"?
300
This is the step a WHI takes when they determine they are investigating a multiunit employer to obtain instructions.
What is contacting the MODO?
300
A two-way conversation must be held between the WHI and ER to discuss this.
What is scope of the investigation?
300
At this point in the investigation should child labor violations be addressed
What is as soon as identified
400
The H-2A employer must provide the worker 3 meals a day. Now one of these is NOT a way the AGER must discharge his obligation to provide meals:
a. Take EEs to the Western Sizzler three times a day.
b. Provide free and convenient cooking and kitchen facilities
c. Give the employees daily meal stipend
d. Give them a portion of the crop to be harvested as compensation for the meal
What is C, give the EEs daily meal stipend?
400
True or False: Responsibility for compliance with the motor vehicle safety and insurance requirements resides with the person or entity using or causing any vehicle to be used for the transportation of any migrant or seasonal agricultural worker.
What is TRUE?
400
These are 3 examples of what can be used in the D-exhibits for a history.
What are (1) the WH-51/ CARS report, (2) the Case Summary Dump, or (3) Narratives?
400
The employer is informed of this and that conversation is documented in the disposition section of the narrative.
What are the limits of the investigation?
400
This is the purpose of BEFA
What is to obtain additional assistance from the branch establishment, when the investigating office is not able to obtain (generally due to proximity)
500
The AGER pays the rate of $13.28 to H-2A employees. She also has some local workers who work about 30 hours a week and are paid $14 an hour. They all are engaged in harvesting the same crop and the crop is listed on the job order. The AWER is $12.50 an hour. This is the amount of back wages that are due to the H-2A workers:
a. $14 - $12.50 = $1.50 per hour due
b. $13.28 - $12.50 = $.78 cents per hour due
c. $12.50 + $14 - $13.28 = $13.22 due
d. $14 + $13.28 x 0 = No BW s Due
What is d, no BWs due?
500
When an AGER or an AGAS specifically directs or requests an FLC to use the FLC’s vehicle to carry out a task, such direction constitutes causing the vehicle to be used. In this case, this person is responsible with the FLC for assuring that the vehicle meets the insurance and safety requirements.
What is: Both the AGER and AGAS are jointly responsible?
500
In this FOH section, you would find how to list history in a narrative.
What is FOH 54(b)(01)(e)?
500
This is when all of the requirements of FOH 51a03(b)(3) must be discussed.
What is the final conference?
500
‘Other Laws Violated’ are addressed in this section of the FOH