Introduction
The H‑2A program provides essential labor support for agricultural employers, but it also carries some of the strictest compliance requirements enforced by the U.S. Department of Labor. As a former Wage & Hour Investigator, I’ve seen firsthand how easily employers can fall out of compliance — often without realizing it.
This 2026 H‑2A compliance checklist is designed to help growers, farm labor contractors, and agricultural employers stay compliant, avoid violations, and prepare for potential DOL investigations.
1. AEWR Wage Requirements
H‑2A workers must be paid the highest of:
- The Adverse Effect Wage Rate (AEWR)
- The prevailing wage
- The agreed‑upon collective bargaining wage
- The federal or state minimum wage
Employers must ensure:
- AEWR is updated annually
- Overtime rules (if applicable) are followed
- Piece‑rate earnings meet or exceed AEWR
Related Service: H‑2A Compliance Consulting
2. Housing Requirements
All H‑2A housing must:
- Pass inspection before workers arrive
- Meet federal and state safety standards
- Provide adequate space, sanitation, and facilities
- Be free of charge to workers
Common violations include:
- Inadequate ventilation
- Insufficient beds or storage
- Unsafe electrical systems
- Pest infestations
Housing is one of the first areas WHD inspects.
3. Transportation Requirements
Employers must provide:
- Safe, insured transportation
- Vehicles that meet federal and state safety standards
- Licensed drivers
- Transportation to and from the worksite
- Return transportation at the end of the contract
Transportation logs must be accurate and complete.
4. Recruitment Requirements
Before hiring H‑2A workers, employers must:
- Conduct positive recruitment
- List the job order with the State Workforce Agency
- Advertise the job to U.S. workers
- Maintain recruitment documentation
Missing recruitment records is one of the most common violations.
5. Job Order Accuracy
The job order must match actual working conditions, including:
- Job duties
- Hours
- Pay rates
- Housing
- Transportation
- Tools and equipment
Any deviation can result in violations.
6. Three‑Fourths Guarantee
Employers must guarantee workers:
- At least 75% of the total hours offered in the contract period
If hours fall short, employers must pay the difference.
7. Recordkeeping Requirements
Employers must maintain:
- Payroll records
- Time records
- Housing inspection reports
- Transportation logs
- Recruitment documentation
- Job orders and contracts
Missing records can lead to reconstructed back wages.
8. Tools, Supplies, and Equipment
Employers must provide:
- All tools and equipment required for the job
- At no cost to the worker
Deductions for tools are prohibited.
9. Meals and Subsistence
Employers must:
- Provide meals or cooking facilities
- Charge no more than the approved meal rate
- Reimburse subsistence for inbound/outbound travel
Incorrect meal charges are a frequent violation.
10. Preparing for a DOL Investigation
WHD will review:
- Housing
- Transportation
- Payroll
- Timekeeping
- Recruitment
- Job orders
- Worker interviews
Proactive audits can prevent costly violations.
Related Services
- FLSA Compliance Consulting
- H‑2A Compliance Consulting
- SCA Compliance Consulting
- DBA Compliance Consulting
- DOL Audit Defense
Conclusion
H‑2A compliance is complex, but with the right preparation and documentation, employers can avoid violations and maintain program eligibility. This checklist provides a strong foundation for staying compliant in 2026 and beyond.
If you need help reviewing your H‑2A program or preparing for a DOL investigation, I’m here to assist.
Contact me today to schedule a consultation.