Federal
Employee Rights Under The H-2A Program Poster
The Employee Rights Under The H-2A Program is a Federal workers rights law poster provided for businesses by the Federal Department Of Labor. This notification is required for some employers, such as employers of h-2a visa employees in agriculture .
WH1491 April 2012U.S. Department of Labor Wage and Hour DivisionFor additional information: 1-866-4-USWAGE (1-866-487-9243) TTY: 1-877-889-5627 WWW.DOL.GOV/WHD UNDER THE H-2A PROGRAM EMPLOYEE RIGHTS • To receive accurate, WRITTEN INFORMATION about the wages, hours, working conditions, and benefits of the employment being of fered • To r eceive this information prior to getting a visa and no later than on the first day of work • To r eceive this information in a language understood by the worker • To be P AID at least twice per month at the rate stated in the work contract • To be informed, in writing, of all DEDUCTIONS (not otherwise r equired by law) that will be made fr om the worker’ s paycheck • To r eceive an itemized, written ST ATEMENT OF EARNINGS (pay stub) for each pay period • To be guaranteed employment for at least THREE-FOUR THS (75%) of the total hours promised in the work contract • To be pr ovided or , upon completion of 50 per cent of the work contract period, r eimbursed for r easonable costs incurr ed to the place of employment for transportation and subsistence (lodging incurr ed on the employer’ s behalf and meals) • Upon completion of the work contract, to be pr ovided or paid for r eturn transportation and subsistence • For workers living in employer -provided housing, to be pr ovided TRANSPOR TATION, at no cost to the worker , between the housing and the worksite • All employer -provided transportation must meet applicable safety standar ds, be pr operly insured, and be operated by licensed drivers • For any worker who is not r easonably able to r eturn to his/her r esidence within the same day, to be pr ovided HOUSING A T NO COST • Employer-provided housing must meet applicable safety standar ds • Workers who live in employer -provided housing must be of fered thr ee meals per day at no mor e than a DOL-specified cost, or pr ovided fr ee and convenient cooking and kitchen facilities • T o be pr ovided state WORKERS’ COMPENSA TION insurance or its equivalent • To be pr ovided, at no cost, all TOOLS , SUPPLIES , and E q UIPMENT r equired to perform the assigned duties • TO BE FREE FROM DISCRIMINA TION or DISCHARGE for filing a complaint, testifying, or exercising your rights in any way or helping others to do so • Employers MUST comply with all other applicable laws (including the pr ohibition against holding workers’ passports or other immigration documents) • Employers and their agents, including for eign r ecruiters, or anyone working on behalf of the employer , MUST NOT r eceive payment fr om any worker for any costs r elated to obtaining the H-2A certification (such as application and r ecruitment fees) • Employers MUST display this poster wher e employees can r eadily see it • Employers MUST NOT lay of f or displace similarly employed U.S. workers within 60 days of the date of need for H-2A workers • Employers MUST hir e any eligible U.S. worker who applies during the first 50 per cent of the appr oved work contract period DISCLOSURE W AGES TRANSPORTATION HOUSING ADDITIONAL PROVISIONS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION The Immigration and Nationality Act (INA) allows for the employment of temporary, non-immigrant workers in agriculture (H-2A WORKERS) only if the employment of U.S. workers would not be adversely impacted. To ensure that U.S. workers are not adversely impacted, H-2A WORKERS and OTHER WORKERS employed on an H-2A work contract or by an H-2A employer in the same agricultural work as the H-2\ A workers have the following rights: W orkers who believe their rights under the pr ogram have been violated may file confidential complaints.
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More Federal Labor Law Posters
46 PDFS
Minimum-Wage.org provides an additional 45 required and optional Federal labor law posters that may be relevant to your business. Be sure to also print and post all required state labor law posters, as well as all of the mandatory federal labor law posters.
| Federal Poster Name | Poster Type |
|---|---|
| Required Your Rights Under USERRA (Spanish) | Workers Rights Law |
| Required Your Rights Under USERRA | Workers Rights Law |
| Required Family Medical Leave Act of 1993 (FMLA) | Sick Leave Law |
| Required Family Medical Leave Act of 1993 (FMLA) (Spanish) | Sick Leave Law |
| Required Families First Coronavirus Response Act Paid Leave Notice | Sick Leave Law |
List of all 46 Federal labor law posters
Federal Labor Law Poster Sources:
- Original poster PDF URL: https://www.dol.gov/whd/posters/pdf/WHD1491Eng_H2A.pdf , last updated May 2020
- Federal Labor Law Poster Page at https://www.dol.gov/general/topics/posters
- Federal Department Of Labor at http://www.dol.gov/
Labor Poster Disclaimer:
While Minimum-Wage.org does our best to keep our list of Federal labor law posters updated and complete, we provide this free resource as-is and cannot be held liable for errors or omissions. If the poster on this page is out-of-date or not working, please send us a message and we will fix it ASAP.