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New Required Work Visa H2A Poster Describes Farm Worker Employee Rights

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The Department of Labor has published a new poster to comply with a rule making changes to the H-2A work visa program. The H-2A program covers foreign workers employed in temporary or seasonal agricultural jobs.

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In February, the Department of Labor published a final rule amending the regulations governing the labor certification process for the temporary agricultural employment of H-2A workers in the United States and enforcement of employer obligations under the H-2A program. The new regulations went into effect on March 15, 2010.
As of March 15, all program users are required to file their applications under the new regulations and comply with applicable program requirements, such as posting an H-2A poster where employees can readily see it.

Department of Labor Rules Change Summary:

1. The employer must provide the department with documentation it has complied with the prerequisites for bringing H2A workers into the country, including the requirements related to recruiting for qualified U.S. workers, instead of simply attesting to compliance.
2. Return to using the USDA Farm Labor Survey as the basis for determining the Adverse Effect Wage Rate (AEWR). The 2008 rule used the Occupational Employment Statistics Survey, which resulted in a substantial reduction of worker wages (an average of over $1.00/hour).
3. Reinstates the critical role of the State Workforce Agencies (SWA) in assisting employers by using their expertise on local labor market conditions and recruitment patterns, thereby expanding job opportunities for U.S. workers.
4. Reinstates the requirement that the SWA inspect and approve employer-provided housing before the department issues an H2A labor certification.
5. Requires that all employer-provided transportation meet, at a minimum, the same Federal standards for vehicle safety, vehicle insurance, and driver licensure applicable to most other agricultural workers.
6. Strengthens revocation and debarment authorities by providing WHD with independent debarment authority in addition to ETA, raises civil money penalties and expands audit authority to include housing.
7. Continues to include logging as an H2A occupation.
8. Creates a national electronic job registry for all H2A job orders to improve U.S. worker access to agricultural jobs and help growers find workers from across the U.S.

9. Extends H2A program benefits to workers in “corresponding employment” (other workers employed by an H2A employer in any work included in the job order and any work performed by the H2A workers) to ensure that similarly employed U.S. workers are not provided with lower wages or fewer benefits.

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10. Requires employers to provide workers with copies of the job orders no later than before departure, including from the workers’ home countries and to display a poster describing employee rights and protections in English and another language common to the workers at the work site. (workersxzcompxzkit)

11. Prohibits the use of multi-area itineraries by H2A Labor Contractors, ending the practice of moving H2A workers from site to site in multiple areas of employment under one labor certification. Labor contractors participating in this program will now have the same regulatory standards as fixed-site farmers. Required surety bond amounts for H2ALCs were increased.
12. Prohibits the approval of labor certification applications for worksites where workers are on strike or locked out and protects U.S. workers denied employment or laid off.

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers’ comp issues.

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ ReduceYourWorkersComp.com.

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