Julie Su Acting United States Secretary of Labor | Official Website
As Michigan’s harvest season intensifies, the U.S. Department of Labor is reminding employers of their responsibilities and seasonal workers of their rights under federal law.
Every summer and fall, Michigan’s fields are populated with agricultural workers harvesting crops. Many of these workers come to the U.S. under the federal H-2A temporary visa program, which allows agricultural employers facing a shortage of domestic workers to bring nonimmigrant foreign workers to perform temporary or seasonal agricultural labor. Michigan ranks among the top 10 states employing workers through this program, with approximately 870 licensed housing sites accommodating about 23,000 temporary workers.
The department’s Wage and Hour Division is conducting outreach throughout the harvest season to educate advocates and workers on federal laws such as the revised H-2A farmworker protection final rule, the Fair Labor Standards Act, and the Migrant and Seasonal Agricultural Worker Protection Act. These laws set standards for safe housing, transportation, and fair wages.
“Our outreach is putting a spotlight on key protections for H-2A farmworkers including written contracts, free and safe transportation, safe housing and promised wages,” explained Wage and Hour District Director Mary O’Rourke in Grand Rapids. “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 travel to job sites and return trips home.
- Free and safe housing with sanitary kitchen facilities if meals are not provided.
- Free daily transportation with working safety restraints.
- The opportunity to work at least three-fourths of contractually agreed hours.
- The right to file complaints or participate in investigations without fear of retaliation.
“Employers agree to these key protections when they apply 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 respect.”
The department’s revised H-2A farmworker protection final rule went into effect on June 28, 2024. It adds further protections against 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 or short paychecks,” O’Rourke added. “Our goal is to ensure these workers are aware of available resources if they have questions or concerns.”
Resources include nine local migrant resource councils in Michigan, the Consulate of Mexico in Detroit, and the U.S. Department of Labor.
For more information on compliance assistance tools or how to file an online complaint, visit Migrantworker.gov or contact the agency’s toll-free helpline at 866-4US-WAGE (487-9243). The department offers support in over 200 languages.
Download the agency’s new Timesheet App for iOS and Android devices in English or Spanish to ensure accurate tracking of hours worked.
