h2a enforcement overview for california · ruben lugo usdol wage and hour regional ag enforcement...

H2A Enforcement Overview for California

Presented by: Ruben Lugo

USDOL Wage and Hour Regional AG Enforcement Coordinator

Purpose of the H-2A Program

The INA allows employers to import temporary, foreignagricultural 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 andplace needed, to perform the labor or services involvedin the petition, and

(B) the employment of the alien in such labor or serviceswill not adversely affect the wages and working conditionsof workers in the United States similarly employed

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.

WHD Enforcement Authority

Conduct investigations, and when appropriate: • Impose penalties • Debar from future certification • Recommend revocation of existing

certification • Seek injunctive relief and specific

performance of contractualobligations

2012-2016 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

Requirement Categories

• U.S. Worker Protections • Disclosure • Wage-Related Requirements • Recordkeeping

Requirement Categories

• Housing • Transportation • Other Legal Requirements • H-2ALC Specific Requirements

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 ForeignWorkers • Providing higher wages, more hours, better working

conditions or housing to the foreign workers than U.S.workers in corresponding employment.

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

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.

Most Common Transportation Violations

• Unsafe Vehicle

• Unlicensed driver

• Not reimbursing the H2A worker the correct amount of inbound and subsistence

• Not reimbursing the H2A workers the correct amount of inbound and subsistence

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

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.

Thank you for being a great audience!

For more information

Ruben Lugo lugo.ruben@dol.gov