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 Wage Statements
  • MSPA - Grower required to provide each worker an itemized written statement which includes: workers total earnings; hourly rate and/or piece rate; if piece rate, units produced daily; total hours worked; all deductions; beginning and end date of pay period; employers name, employers address, FEIN for each pay day; workers name; workers address, and SSN of each worker
  • H-2A - Same as MSPA requirements but to include offered hours
 Wage Rates
  • MSPA - Must be paid at least the promised/disclosed wage rate or whichever is higher: Federal or State wage rate
  • H-2A - Whichever is higher: Federal, State, CBA, Prevailing Piece Rate/Hourly Rate, or Adverse Effect Wage Rate (AEWR)
  • Piece Rate Earnings - Must be equal to or greater than applicable MSPA or H-2A rate
  • Corresponding Employment - All workers employed by the H-2A employer working in a job description on the H-2A labor certification or doing the same agricultural work as the H-2A worker are engaged in corresponding employment. Those workers must be paid at least the H-2A wage rate.
  Frequency of Pay
  • MSPA - At a minimum, every 2 weeks
  • H-2A - At a minimum, every 2 weeks
  • To reduce financial liability growers are encouraged to pay all workers directly
  Deductions from Pay
NOTE - All deductions from a worker's pay must be identified in the worker disclosure!
  • Social Security:
  • Taxes (State and Federal):
  • Meals:
    • H-2A - Employer must provide either adequate cooking facilities (at no charge to worker) or 3 meals a day, which may be deducted from pay. However, if providing 3 meals a day, the actual cost must be disclosed to the worker and it cannot exceed the amount set by Federal regulations : http://www.foreignlaborcert.doleta.gov/meal_travel_subsistence.cfm
    • MSPA - If housing provided, the employer must meet the Housing Safety and Health Checklist under OSHA 29 CFR 1910.142. If grower chooses to charge for meals, it must be disclosed and the grower cannot make a profit
  • Housing:
    • H-2A - No deduction. Employer must provide housing at no cost to H-2A workers and corresponding workers who are not reasonably able to return to their residence within the same day.
    • MSPA - If housing provided, the employer must meet the Housing Safety and Health Checklist under OSHA 29 CFR 1910.142. Grower must disclose any charges for housing
  • Union Dues:
    • H-2A & MSPA - Deducted if worker is union member