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H2A Farm Labor Contractor Guide




 

What is a Federal Farm Labor Contractor?

A farm labor contractor is one who employs workers to maintain farmland for profit. If one finds himself/herself: Recruiting, Soliciting, Employing, Supplying, Transporting, or Hiring farm laborers, he/she will need to be bonded.

Farm laborers are sometimes migrant workers, but that does not mean that a contractor may take an unfair wage advantage.

H2A bonds are meant to protect the workers from wage fraud. The bond guarantees a fair treatment so that workers are free of exploitation and get paid the agreed-upon wage.

There are federal farm labor contractor bonds, as well as state-specific farm labor contractor bonds.  The federal government requires farm labor contractors that employ migrant seasonal workers to post the H-2A Farm Labor Surety Bond to ensure their protection.  Many farm labor contractors will hire seasonal workers during harvest season, and if they choose to hire non-U.S. citizens, they will have to post the H-2A Farm Labor Bond.

States like Oregon, Washington, and California and more require farm labor contractors to post a bond for their respective states.

See the links to requirements and regulations for each state below:

California

Washington

Oregon

How Do I Become a Farm Labor Contractor?

First, Federal Farm Labor Contractors must apply with the U.S. Department of Labor in order to begin engaging in Recruiting, Soliciting, Employing, Supplying, Transporting, or Hiring farm workers.

Finally, you will need to obtain an H2-A Farm Labor Bond in order to do business legally. Otherwise, you may be subject to penalties.

Migrant and Seasonal Agricultural Worker Protection Act (MSPA) sets standards for the treatment, safety, and health for migrant workers.  It is the standards set forth by this act that provides protection for those exploited in previous decades. Thanks to the MSPA, workers of all backgrounds are guaranteed fair employment practices. H2A bonding has offered relentless  protection f0r workers. In order to finalize your Farm Labor Contractor legality, apply for your H2A Bond with Surety1! Give us a call for more information. 877-654-2327.




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