Common H-2B Violations Cited by the U.S. Department of Labor
H-2B violations are often systemic, meaning one error can impact an entire group of workers across a full season. Many employers are surprised to learn that violations occur even when wages are paid on time.
Below are the most common issues identified during H-2B investigations.
1. Offered Wage Violations
- Paying less than the offered wage rate
- Paying different rates for the same job duties
Result: Back wages owed to all affected workers.
2. Impermissible Deductions / Prohibited Fees
- Charging workers for tools, equipment, or uniforms
- Improper housing or transportation deductions
- Deducting recruitment or visa-related costs
- Deductions that reduce pay below the required H-2B wage
Result: Minimum wage and contract violations.
3. Failure to Reimburse Inbound and Outbound Transportation
- Not reimbursing inbound travel and subsistence when required
- Late reimbursement of travel costs
- Incorrect reimbursement amounts
- Failure to pay outbound transportation at contract completion
Result: Wage violations affecting the full workforce.
4. Improper Job Classification / Area of intended Employment
- Actual job duties differ from certified job order
- Work performed outside the approved area of employment
- Assigning duties not listed in the job order
Result: Contract violations and expanded audits.
5. Prohibition Against Preferential Treatment
- Providing better schedules, pay, or benefits to H-2B workers
- Favoring H-2B workers over U.S. workers /
- Disparate discipline or termination practices
Result: Violations of worker protection
6. Recruitment and Hiring Failures
- Failure to hire qualified U.S. workers
- Improper rejection of U.S. applicants
Result: Certification and program violations.
7. Document Retention
- Incomplete or missing recruitment documentation
- Missing payroll or time records
- Incomplete housing or transportation records
- Failure to retain records for required time periods
- Records that do not support wages paid
Result: Presumed violations and adverse findings.
8. Overtime and Hours Miscalculations
- Incorrect overtime calculations where applicable
- Misclassification of work hours
- Off-the-clock work
- Travel time improperly excluded
Result: Back wages and payroll liability.
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9. Contract With 3rd Party to comply
- Recruiters charging illegal fees
Important: Employers remain fully responsible, even when violations are caused by third parties.
Why These Violations Matter
H-2B violations can lead to:
- Significant back wage liability
- Civil money penalties
- Temporary or permanent debarment from the H-2B program
Most violations are preventable through proactive compliance reviews.
How an H-2B Compliance Assessment Helps
A proactive assessment:
- Identifies violations before enforcement
- Corrects systemic issues early
- Strengthens documentation
- Reduces investigation risk and scope
- Protects future H-2B certifications
Conducted by a former DOL Wage & Hour Investigator, the assessment focuses on real enforcement triggers, not theoretical risks.
