- Failed to comply-abandonment/terminated for cause requirements
- H-2A workers given preferential treatment
- Unlawful rejection of Workers in corresponding employment
- Failed to contact prior Workers in corresponding employment(s)
- Position vacant due to strike, layoff, etc.
- Layoff or displacement of Workers in corresponding employment
- Failed to accept SWA referrals
- Failed to satisfy requirements of the job order by not stating the actual terms and conditions
- Failed to provide copy of the work contract Failed to post H-2A Poster
- Failed to provide housing at no cost Unlawful charges for public housing Unlawful deposits
- FTC- ER provided items requirements
- Failed to provide meals or kitchen facilities
- FTC – Inbound transportation requirement
- FTC- Outbound transportation requirements ¾ guarantee
- Failed to pay required rates of pay Unlawful deductions
- FTC- frequency of pay requirements(s)
- Unlawful cost shifting
- Failed to record why HW < hours offered
- FTC- earning records requirements (up to 8 req.)
- Failed to make required records available
- Failed to keep records for 3-years
- FTC- pay statement requirements (up to 8 req.)
- Failed to provide housing Housing
- failed to meet safety and health requirements
- Housing violation resulting in death/serious injury
- Repeat/Willful housing violation resulting in death/serious injury
- Failed to get housing pre-occupancy inspection
- Family housing required but not provided
- Failed to notify the SWA if change in certified housing
- Failed to provide daily transportation to/from worksite
- Transportation failed to meet safety requirements
- Transportation violation resulting in death/serious injury Repeat/willful Transportation violation resulting in death/serious injury
- FTC- worker’s compensation requirements
- Sought waiver of rights from workers
- Failed to cooperate with investigators
- Failed to follow all applicable federal, state, and local laws and regulations
- Failed to contractually forbid cost-shifting
- Discriminate, intimidate, threaten, etc.
| Offense | Regulation Citation | Old Fine | New Fine |
| H-2A failure to pay worker correctly or honor terms and conditions of employment | 29 CFR 501.19 | $2,045 | $2,111 |
| H-2A willful violation or H-2A discrimination | 29 CFR 501.19(c)(1) | $6,881 | $7,104 |
| H-2A safety or health violation resulting in serious injury or death | 29 CFR 501.19(c)(2) | $68,129 | $70,337 |
| H-2A willful or repeated safety or health violation resulting in serious injury or death | 29 CFR 501.19(c)(3) | $136,258 | $140,674 |
| H-2A failing to cooperate in an investigation | 29 CFR 501.19(d) | $6,881 | $7,104 |
| H-2A displacing a U.S. worker | 29 CFR 501.19(e) | $20,439 | $21,101 |
| H-2A improperly rejecting a U.S. worker | 29 CFR 501.19(f) | $20,439 | $21,101 |
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