Wage & Hour H-2A Agricultural Worker Program Compliance Consulting

The H-2A program is one of the most heavily regulated employment programs enforced by the U.S. Department of Labor (DOL). Agricultural employers face strict requirements covering wages, housing, transportation, recruitment, and recordkeeping. Even minor technical errors can result in substantial back wages, civil money penalties, and debarment from the H-2A program.

FA Consulting LLC provides H-2A Compliance Assessments designed to identify risks early, correct issues proactively, and help employers prepare for potential DOL enforcement—before an investigation begins.

Our assessments are led by a former U.S. Department of Labor Wage & Hour Investigator, offering real-world enforcement insight—not theory.

Why H-2A Compliance Requires Proactive Review

Many H-2A violations are not intentional. They often stem from:

Reliance on third-party agents or vendors
Misinterpretation of complex regulations
Documentation gaps during fast-moving harvest seasons
Payroll and reimbursement errors

Once a DOL investigation begins, issues often expand quickly and become expensive.

A proactive compliance assessment allows employers to control the process, timing, and cost of compliance.

Common H-2A Violations Identified by DOL

H-2A investigations most frequently uncover:

Incorrect AEWR or prevailing wage rates
Improper payroll deductions for tools, supplies, or transportation
Failure to reimburse inbound or outbound travel and subsistence
Three-fourths guarantee violations
Job duties or work locations inconsistent with the job order
Unequal treatment of U.S. and H-2A workers
Incomplete payroll, housing, or recruitment records

Because these violations typically affect entire crews for full seasons, financial exposure can escalate rapidly.

What Our H-2A Compliance Assessment Covers

Our assessment mirrors how a DOL investigator evaluates an employer, focusing on real enforcement triggers.

Review areas include:

AEWR and wage rate compliance
Payroll practices, deductions, and reimbursements
Three-fourths guarantee compliance
Job order and actual work alignment
Housing, transportation, and subsistence obligations
Recruitment and U.S. worker protections
Recordkeeping and audit readiness

Employers receive clear findings, risk-ranked issues, and practical corrective guidance.

Cost vs. Benefit: Why an H-2A Assessment Pays for Itself

The Cost of Non-Compliance

Back wages across entire crews
Civil money penalties
Legal fees once enforcement begins
Loss of H-2A certification
Disruption during critical growing or harvest seasons

The Benefit of a Proactive Assessment

Identify and fix issues before DOL involvement
Reduce enforcement exposure and penalties
Strengthen documentation and defensibility
Protect future H-2A filings
Control compliance costs

A proactive assessment typically costs far less than a single enforcement action.

Former Investigator Insight—Without Attorney-Level Costs

Many employers seek attorney reviews even when no enforcement action exists. While attorneys are essential during litigation, early-stage compliance reviews can be costly and disconnected from how DOL audits actually work.

An H-2A Compliance Assessment led by a former DOL Wage & Hour Investigator provides: