GRAND RAPIDS, MI – As Michigan’s harvest season swings into high gear, the U.S. Department of Labor wants to remind employers of their responsibilities and seasonal workers of their rights under federal law.
Every summer and fall, Michigan’s vast fields are filled with agricultural workers hand harvesting the state’s seasonal bounty of crops. Many of those workers come to the U.S. to work for farmers under the federal H-2A temporary visa program.
The H-2A program allows agricultural employers anticipating a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Michigan is among the top 10 states with employers that regularly hire workers under this program. The state has about 870 licensed housing sites that accommodate about 23,000 temporary workers.
The department’s Wage and Hour Division is conducting outreach with advocates and workers throughout the harvest season to educate them on federal laws – including the revised H-2A farmworker protection final rule, the Fair Labor Standards Act, and the Migrant and Seasonal Agricultural Worker Protection Act – that set standards for safe and clean housing, transportation and fair wages.
“Our outreach is putting a spotlight on key protections for H-2A farm workers including written contracts, free and safe transportation, safe housing and promised wages,” explained Wage and Hour District Director Mary O’Rourke in Grand Rapids, Michigan. “One of the most common violations we find involves employers failing to pay the H-2A Adverse Effect Wage Rate, which is $18.50 per hour in Michigan in 2024, because they pay workers on a piece-rate basis and don’t ensure workers get paid at least the required rate for all hours worked.”
Key protections for H-2A workers include:
- Payment for all recruitment and visa costs.
- Reimbursement for the trip to the job site and payment for the return trip to their home country.
- Free and safe housing, and a sanitary kitchen to prepare meals if meals are not provided.
- Free and safe daily transportation with working safety restraints.
- The opportunity to work at least three-fourths of the hours agreed upon in their contract.
- The right to file a complaint or participate in an investigation without fear of retaliation.
“Employers agree to these key protections when they apply to the Department of Labor to hire temporary visa workers,” added Wage and Hour District Director Timolin Mitchell in Detroit. “Approval of their applications comes with a tacit acknowledgment that they will pay these workers a fair wage and treat them with the respect and dignity that all workers deserve. Employers with questions about wage laws should reach out to our compliance experts for assistance.”
The department’s revised H-2A farmworker protection final rule, which went into effect on June 28, 2024, adds further protections for temporary migrant workers from labor exploitation and human trafficking as well as additional safety requirements.
“All too often we find vulnerable workers – like those in the country for seasonal work – fear coming forward when they experience unsafe working conditions, unsanitary housing or short paychecks,” O’Rourke added. “The goal of our outreach is to make sure these workers are fully aware of the resources available to them if they have questions or concerns. These resources include nine local migrant resource councils in Michigan, the Consulate of Mexico in Detroit and the U.S. Department of Labor.”
View the department’s Agriculture Compliance Assistance Toolkit.
Migrantworker.gov offers resources for workers on how to access support and information from recruitment to conditions of work and a safe return to their home country.
Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division and how to file an online complaint. For confidential compliance assistance, employees and employers can call the agency’s toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from. The department can speak with callers in more than 200 languages.
Download the agency’s new Timesheet App for free on iOS and Android devices in English or Spanish to ensure hours and pay are accurate.
