H2A in California. Presented by: Ruben Lugo USDOL Wage and Hour Regional AG Enforcement Coordinator

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1 H2A in California Presented by: Ruben Lugo USDOL Wage and Hour Regional AG Enforcement Coordinator

2 Purpose of the H-2A Program The INA allows employers to import temporary, foreign agricultural 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 and place needed, to perform the labor or services involved in the petition, and (B) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed

3 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

4 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.

5 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

6 H2A Requirement Categories U.S. Worker Protections Disclosure Wage-Related Requirements Recordkeeping

7 Requirement Categories Housing Transportation Other Legal Requirements H-2ALC Specific Requirements

8 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 Foreign Workers Providing higher wages, more hours, better working conditions or housing to the foreign workers than U.S. workers in corresponding employment.

9 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

10 2018 H2 Hourly Wages AEWR.64 North Dakota $13.64 South Dakota $13.64 Nebraska $13.64 Kansas $12.83 Massachusetts ~ $12.05 Delaware Rhode Island t12.83 t!onnecticut $11.87 Oklahoma $11.87 Texas,.r ~~ $ ~ Hawaii 0--' C=:J State < $10.00 $10.00 < State < $11.00 State > $13.00

11 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.

12 Making good choices with meal options

13 H2A workers using Social Media to assert their rights

14 Seattle Times article on the H2A situation in the State of Washington \ 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) ~

15 What steps will you take? Serious illness with an H2A employee Work place job injury or death Violence against your H2A employees

16 G Farms- Arizona 2017

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18 Most Common Transportation Unsafe Vehicle Unlicensed driver Violations Not reimbursing the H2A worker the correct amount of inbound and subsistence Not reimbursing the H2A workers the correct amount of inbound and subsistence

19 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

20 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.

21 Thank you for being a great audience! For more information Ruben Lugo lugo.ruben@dol.gov