H-2A contracts provide for certain benefits. You are covered by an H-2A contract:
- If you have an H-2A visa to work for your employer, or
- Even if you do not have an H-2A visa, but you work for a farm where H-2A workers are employed and you do the same type of work the H-2A workers do.
Your rights under an H-2A contract include:
- $10.72 per hour for all your work in 2016. Even if you are working on a piece rate, your earnings should equal $10.72 for all the hours you work each week;
- Reimbursement at the middle of your contract for the cost you paid for your transportation from your home to North Carolina and the cost of your meals on your journey;
- Payment for the cost of your transportation and meals for your journey back to your home or on to your next job when you finish your contract;
- Free housing which meets the standards of the North Carolina Migrant Housing Act;
- A 75% guarantee — you are guaranteed pay equal to 75% of the hours promised in the contract if the employer provides you with fewer hours of work during the contract period;
- Free tools necessary to do your job, such as gloves and rain gear;
- Wage statements for each week that accurately show the number of hours you worked, the number of units you picked and your pay;
- Compliance with all laws governing farmworker employment, including field sanitation, migrant housing, and pesticide safety.
You also have the right to keep your passport and other identification documents.
If you are an H-2A worker and you are considering leaving your job before the contract ends, please click here for more information. We offer you answers to the most common questions H-2A workers ask our office.
If you are an H-2A worker or work on a farm with H-2A workers, click here for the most updated version of our Know Your Rights Booklet for H2A Workers in North Carolina (Spanish).