Speaker 1: Our farmers and growers are among the most productive in the world, making the United States the supermarket for the globe. To stock those shelves, it takes hundreds of thousands of workers, both domestic and guest workers, to plant, grow, harvest, and pack our crops. The key to maintaining this agricultural productivity and global advantage is to keep these workers safe and healthy on the job, and to pay them lawful wages for all the work they do. Cultivating Compliance, an Agricultural Guide to Federal Labor Law. The Department of Labor enforces laws to protect workers in the U.S. The intent of these laws is to provide safer, healthier places to work. To ensure fair pay for workers. To improve employers' ability to recruit and retain good workers. And to maintain fair competition. Complying with these labor laws is good for business, because when everyone plays by the same rules, everyone wins. In this video, we'll outline the laws that apply to agricultural workers and employers in the U.S., and we'll tell you how and where to find the detailed information you need to protect your employees and your business. The Fair Labor Standards Act. The Migrant and Seasonal Worker Protection Act. The Immigration and Nationality Act. And the Occupational Safety and Health Act. These are some of the laws that apply to agricultural workers in the U.S. This video will highlight labor law requirements that apply to your business. And don't forget, a confidential call to your local Wage and Hour office is an easy and free way to get compliance information and to answer your questions. Our website, dol.gov slash whd, provides all the information you need.

Speaker 2: So there are a lot of different legal requirements for growers and different worker protections that exist for workers at different levels of government.

Speaker 1: Here are the basics you need to know when you hire agricultural workers in the U.S. Employers must disclose the working terms and conditions of the jobs they are hiring for. For example, the kind of work the employee will be doing, how much they will be paid, how many hours they will work, and what kind of housing the employer will provide. This is important. To hire a worker who does not live locally year-round, that worker must be provided a written contract before he takes the job. And that contract must be in a language the worker understands. This is information any worker needs before making a decision to leave home for a long period of time. Accurate recordkeeping is important to every business, and agricultural businesses are no exception. Agricultural records kept by growers must include the basics, like the names and addresses of the employees, their genders and occupations, information about each employee's work week, and the way wages are paid, for example by the hour, or per week, or piecework. When a worker is paid by piece rate, the employer must keep track of the number of pieces picked or produced each day, as well as the number of hours worked. Keeping accurate and complete records is a key component of compliance. All hours the employee works must be recorded and paid for. Remember, in addition to paying workers for their primary jobs, there are other activities for which they must be paid. For example, the time spent waiting for a machine to be fixed or for a field to dry. The time spent traveling between fields, or any time the employee is not free to leave the work site, such as waiting for a truck to arrive. All of these are considered work time for which the employee must be properly compensated. Finally, short rest breaks, or a longer break when the employee is not completely free of his duties, must also be counted as work time. When migrant or seasonal workers are employed, this yellow DOL poster must be displayed. For these and other posters, check our website. Housing and transportation for agricultural workers must meet specific health and safety requirements. Many of these are just common sense. Good housing provides benefits for both workers and their employers. Benefits include screen windows, a bed for each person, a minimum number of toilet and shower facilities, fire extinguishers, and first aid kits. A complete list of housing requirements is on our website at dol.gov slash whd. When an employer provides transportation for workers, it must be safe. Examples that put workers at risk include bald tires, faulty brakes, lack of permanent seating, or an insufficient number of seats for the number of passengers. Only licensed drivers may operate vehicles used to transport agricultural workers. And each vehicle used for transportation must be properly insured. It's simple. When a vehicle is unsafe, it puts workers in danger. Maintaining vehicle compliance isn't just the law. It's the right thing to do for your employees and for your business because it protects you and your employees from harm and your business from potential liability. Understanding and implementing field sanitation standards is a critical aspect of compliance. Why? Because these standards protect workers' health and prevent crop contamination. In typical situations, employers must provide cool, potable drinking water throughout the day free of charge, handwashing and toilet facilities that are properly sited and equipped, and posters and other information regarding good hygiene practices. It is your responsibility as an employer to educate employees, to let them know the importance of good field sanitation and the benefits of keeping hydrated and drinking water throughout the day. For more details, check the website. Producing high-quality, high-yield crops like sweet potatoes, lettuce or tobacco requires manpower, workers who are willing, experienced and qualified. When growers cannot find enough domestic workers to meet this need, the H-2A program can help. The H-2A program is part of the Immigration and Nationality Act. H-2A refers to a special type of visa issued to non-immigrant workers, or guest workers, who come into the U.S. for temporary or seasonal employment. Unemployed U.S. employers may hire these non-immigrant workers when U.S. workers are not available. The Wage and Hour Division makes sure workers with H-2A visas are treated as the law requires, and that U.S. workers aren't passed over in favor of the guest workers. With the help of Wage and Hour and its partner organizations, growers are using the H-2A program to hire the workers they need.

Speaker 2: If we didn't have the H-2A program, the tobacco, sweet potatoes and lettuce probably would be eliminated because the local labor simply is not available. It doesn't make any difference what sort of price you pay or whatever. They simply aren't here.

Speaker 1: Before you can apply for the H-2A program, you must meet specific qualifications. Here's an overview of some of the requirements for the H-2A employers. The work to be performed must consist of agricultural labor or services, such as the planting, raising, cultivating, harvesting, or production of any agricultural or horticultural commodity. The work must be full-time, at least 35 hours per work week. The need for the work must be seasonal or temporary in nature. The employer must pay the workers' travel expense to the site and must guarantee to provide at least three-quarters of the work hours called for in the contract. For a complete and comprehensive list of requirements, check the website. All of the requirements we've outlined so far about disclosure, record-keeping, rates of pay, housing, and transportation also apply to H-2A guest workers. There are some additional requirements that apply only to the H-2A program, but keep in mind that all of the regulations that apply to H-2A workers also apply to non-H-2A workers who are doing the same work. Labor law compliance benefits your workers and is good for your business. We encourage each of you to use the information and resources provided by the Wage and Hour Division to do what's right for your employees by cultivating compliance.