- I live with other agricultural workers in employer-provided housing, and I am worried about the spread of COVID-19. Are there rules about overcrowding?
- I live with other agricultural workers in employer-provided housing, and I am worried about the spread of COVID-19. Are there any rules about ventilation?
- I live with other agricultural workers in employer-provided housing, and several workers have tested positive for COVID-19. What rights do I have?
- I was concerned about the housing conditions at the farm where I worked. When I complained, I was fired. What can I do?
- Are agricultural workers eligible for paid sick leave and expanded family and medical leave under the Families First Coronavirus Response Act (FFCRA)?
- Is the Wage and Hour Division conducting investigations in agriculture during the pandemic?
- I am an H-2A worker. In order to travel to the United States for the H-2A job, I had to obtain a negative COVID-19 test at my own expense. Does my employer have to reimburse me for the cost of the test?
- An H-2A employer refuses to hire any U.S. applicants unless they can provide test results indicating that they are currently negative for COVID-19. However, the employer does not require the same test results for H-2A workers. Is this allowed?
- I worked for an agricultural employer that also employs workers under an H-2A contract. When business slowed down due to COVID-19, the employer laid off the U.S. workers, but continued to employ the H-2A workers. Is this allowed?
- I work for an agricultural employer under an H-2A contract. The business shut down because of COVID-19. What rights do I have?
- I am an agricultural worker. If my employer moves me to a new housing site because of COVID-19, does the new site have to meet all of the same safety and health standards?
- I am an agricultural worker. During the season, my employer obtained additional vehicles to accommodate physical distancing while transporting workers. Do these additional vehicles need to meet the same safety standards?
- I am an agricultural worker. I am concerned about the spread of COVID-19 while being transported with other workers. Are there any requirements related to vehicle windows?
- I drive agricultural workers as part of my job, but I have not been able to get an appointment to renew my driver’s license because of COVID-19. Can I continue to transport workers?
- I am an agricultural worker. Before starting the job, as part of my work contract my employer told me that masks would be provided to all employees and that social distancing rules would be in place at the worksite. When I started work, however, the employer did not keep these promises. What are my rights?
- I am an agricultural worker. My employer provides water while my crew is working in the fields, but workers have to drink directly from the same spigot or container. I am concerned about the risk of spreading COVID-19. What are my rights?
- I am an agricultural worker. My employer provides portable bathrooms in the fields. I am worried about the spread of COVID-19. Are there any rules about ventilation?
- I am an agricultural worker. My employer does not have handwashing facilities in the fields but does provide hand sanitizer or wipes. Is this allowed?
1. I live with other agricultural workers in employer-provided housing, and I am worried about the spread of COVID-19. Are there rules about overcrowding?
Yes, under the Occupational Safety and Health Administration’s (OSHA) temporary labor camp standards, farmworker housing must comply with certain minimum occupancy and space requirements. Generally, each occupant of the housing must have at least 50 square feet of floor space in sleeping rooms or 100 square feet in rooms in which occupants cook, eat and sleep. Beds must be elevated at least one foot off the floor and must be spaced at least three feet apart from one another. For bunkbeds, there must be at least 27 inches between the lower bunk and the top bunk.
Different standards apply to housing built before April 3, 1980. OSHA and the Centers for Disease Control and Prevention (CDC) have also issued COVID-19 guidance for agricultural workers and employers that includes recommendations for shared housing and households living in closed quarters. Additionally, states and municipalities may impose more stringent standards on temporary worker housing.
2. I live with other agricultural workers in employer-provided housing, and I am worried about the spread of COVID-19. Are there any rules about ventilation?
Yes, generally housing that an employer provides to agricultural workers must comply with the applicable safety standards, including the requirement for adequate ventilation. Windows must be constructed so that at least one-half of windows can be opened for ventilation. Doors and windows must have screens, and all screen doors must be self-closing.
Different standards apply to housing built before April 3, 1980. In addition, the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC) have issued COVID-19 guidance for farmworkers and agricultural employers that includes recommendations for shared housing.
3. I live with other agricultural workers in employer-provided housing, and several workers have tested positive for COVID-19. What rights do I have?
Under the Occupational Safety and Health Act Temporary Labor Camp Standards, your employer must report the outbreak of any communicable disease, including COVID-19, to local health authorities. Additionally, the employer must not allow any person with a communicable disease, including COVID-19, to work in the preparation, cooking, serving, or handling of food in a kitchen or dining room operated in the labor camp. States and municipalities may impose additional requirements. If you believe working conditions are unsafe or unhealthful, you may file a confidential complaint with the Wage and Hour Division. To learn more or to find out how to file a complaint, please contact the Wage and Hour Division at 1-866-487-9243.
4. I was concerned about the housing conditions at the farm where I worked. When I complained, I was fired. What can I do?
Retaliation, including efforts to intimidate, threaten, blacklist, or discharge, is strictly prohibited under each of the agricultural laws that the Wage and Hour Division enforces, and the Department of Labor investigates claims of retaliation. To learn more or to find out how to file a complaint, please contact the Wage and Hour Division at 1-866-487-9243.
5. Are agricultural workers eligible for paid sick leave and expanded family and medical leave under the Families First Coronavirus Response Act (FFCRA)?
The requirement that employers provide paid sick leave or expanded family and medical leave under the FFCRA expired on December 31, 2020, and employers are not required to provide paid sick leave or expanded family and medical leave under that statute after that date. Employers who choose to provide such leave between January 1, 2021 and September 30, 2021, may be eligible for employer tax credits. Information about claiming the employer tax credits for paid sick leave or paid family leave wages can be found on the Internal Revenue System website (https://https://www.irs.gov/newsroom/covid-19-related-tax-credits-for-paid-leave-provided-by-small-and-midsize-businesses-faqs). Additionally, some states may have their own paid sick leave policies related to the COVID-19 pandemic.
The FFCRA leave mandate applied to businesses with fewer than 500 employees and covered most agricultural workers, including H-2A workers. The Wage and Hour Division may investigate claims that an employer did not comply with the law during the time that the law was effective, from April 1, 2020 through December 31, 2020. Claims alleging a violation of the FFCRA’s paid sick leave or expanded family and medical leave provisions may be filed up to two years after the alleged violation.
6. Is the Wage and Hour Division conducting investigations in agriculture during the pandemic?
Yes. The Wage and Hour Division plays an important role in enforcing basic farmworker protections and continues to actively enforce these laws during the COVID-19 pandemic. In order to maintain effective enforcement while protecting the health and safety of workers, employers, and Wage and Hour staff, we have implemented a number of safety protocols. Depending on the unique facts of the situation, we may conduct some or all investigative activities by phone, email, and/or other remote communication methods. Where onsite investigations are feasible, we will follow all applicable local, State, and Federal public health and safety guidelines.
7. I am an H-2A worker. In order to travel to the United States for the H-2A job, I had to obtain a negative COVID-19 test at my own expense. Does my employer have to reimburse me for the cost of the test?
Yes, since the test was required to travel to the United States for this job, the employer must reimburse you for this expense if the cost would bring your wages below the required H-2A wage rate in the first workweek.
8. An H-2A employer refuses to hire any U.S. applicants unless they can provide test results indicating that they are currently negative for COVID-19. However, the employer does not require the same test results for H-2A workers. Is this allowed?
No, the employer is not allowed to ask U.S. workers to meet any requirements that are not also applied to the H-2A workers.
9. I worked for an agricultural employer that also employs workers under an H-2A contract. When business slowed down due to COVID-19, the employer laid off the U.S. workers, but continued to employ the H-2A workers. Is this allowed?
No, the employer has engaged in an improper layoff of U.S. workers. A layoff for lawful, job-related reasons such as lack of work is permissible only if all H-2A workers are laid off before any U.S. worker in corresponding employment.
10. I work for an agricultural employer under an H-2A contract. The business shut down because of COVID-19. What rights do I have?
An H-2A employer may terminate the work contract in progress when workers are no longer needed due to reasons outside of the employer’s control, such as fire, weather or other similar circumstances. The COVID-19 pandemic may count as a valid reason for terminating the contract, but the H-2A employer must meet certain requirements.
First, your H-2A employer must obtain a determination of “contract impossibility” from the Employment and Training Administration’s Office of Foreign Labor Certification (OFLC).
Second, your H-2A employer must offer you a total number of work hours equal to at least three-fourths of the workdays included in the contract, from the start of the contract to the time the contract was terminated. If the employer has not offered at least three-fourths of the hours during that period, then the employer will need to pay you for any missing hours needed to bring you up to the three-fourths “guarantee.”
Third, your H-2A employer must make efforts to transfer you to other similar employment acceptable to you and consistent with immigration law, as applicable. If your employer does not transfer you, then your employer must reimburse you for your inbound and outbound travel and subsistence costs to the employer’s jobsite even if 50 percent of the work period has not elapsed.
If your H-2A employer fails to apply for contract impossibility or if OFLC does not issue a determination of contract impossibility, then the employer continues to be responsible for all H-2A obligations, including the full three-fourths “guarantee” for the entire period of the work contract. Also, H-2A employers must provide housing and meals or cooking facilities for each day of the contract period up until the day that the workers depart.
These requirements apply to both foreign guest workers and domestic workers who work for an employer with an H-2A contract.
11. I am an agricultural worker. If my employer moves me to a new housing site because of COVID-19, does the new site have to meet all of the same safety and health standards?
Yes, the new housing site must meet all applicable safety and health standards. The employer must notify the state workforce agency (SWA) that alternative housing is being used and must provide documentation to the SWA demonstrating compliance with the applicable standards and/or schedule an inspection of the alternative housing.
Contact information for state workforce agencies is available at https://www.dol.gov/agencies/eta/wotc/contact/state-workforce-agencies.
12. I am an agricultural worker. During the season, my employer obtained additional vehicles to accommodate physical distancing while transporting workers. Do these additional vehicles need to meet the same safety standards?
Yes, all vehicles used to transport workers must meet the applicable safety standards. Also, if the vehicles are provided by a farm labor contractor (FLC), then the FLC must obtain authorization from the Wage and Hour Division (WHD) to use each specific vehicle before transporting workers. To obtain authorization, the FLC must submit proof to WHD that each vehicle has passed a safety inspection and is properly insured. To learn more or to find out how to file a complaint, please contact the Wage and Hour Division at 1-866-487-9243.
13. I am an agricultural worker. I am concerned about the spread of COVID-19 while being transported with other workers. Are there any requirements related to vehicle windows?
Yes. The Migrant and Seasonal Agricultural Worker Protection Act requires that vehicles used to transport agricultural workers have working windows that can be rolled down to allow fresh air to those riding in the vehicle. The use of closed vans without windows is prohibited. In addition, the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC) have issued COVID-19 guidance for farmworkers and agricultural employers that includes recommendations for shared transportation.
14. I drive agricultural workers as part of my job, but I have not been able to get an appointment to renew my driver’s license because of COVID-19. Can I continue to transport workers?
It depends. Both the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) and the H-2A provisions of the Immigration and Nationality Act require that any drivers of covered agricultural workers have a valid driver’s license, as provided by State law, to operate the vehicle. In some circumstances, the State requirements may include that the driver hold a Commercial Driver’s License (CDL). During the COVID-19 pandemic, some States, as well as the Federal Motor Carrier Safety Administration (FMCSA), have instituted additional flexibilities to address office closures and associated difficulties experienced by the public in updating the proper licensure. For example, some states have temporarily extended the expiration dates of driver’s licenses during the COVID-19 pandemic. WHD will defer to State guidance regarding acceptable driver’s licenses within that State.
15. I am an agricultural worker. Before starting the job, as part of my work contract my employer told me that masks would be provided to all employees and that social distancing rules would be in place at the worksite. When I started work, however, the employer did not keep these promises. What are my rights?
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) and the H-2A provisions of the Immigration and Nationality Act prohibit labor contractors, agricultural employers, and agricultural associations from violating the terms of any working arrangements they have made with migrant or seasonal agricultural workers, and in the case of H-2A, with H-2A workers and workers in corresponding employment. To learn more or to find out how to file a complaint, please contact the Wage and Hour Division at 1-866-487-9243.
16. I am an agricultural worker. My employer provides water while my crew is working in the fields, but workers have to drink directly from the same spigot or container. I am concerned about the risk of spreading COVID-19. What are my rights?
Under the Occupational Safety and Health Administration’s field sanitation standards for agriculture, your employer must make clean drinking water available to agricultural workers in the fields. Single-use cups must be provided. To learn more or to find out how to file a complaint, please contact the Wage and Hour Division at 1-866-487-9243.
17. I am an agricultural worker. My employer provides portable bathrooms in the fields. I am worried about the spread of COVID-19. Are there any rules about ventilation?
Yes, under the Occupational Safety and Health Administration’s field sanitation standards for agriculture, your employer must provide one toilet and handwashing facility for every 20 employees, and facilities must be kept in a clean, sanitary, and operational condition. The toilet facilities must have adequate ventilation.
18. I am an agricultural worker. My employer does not have handwashing facilities in the fields but does provide hand sanitizer or wipes. Is this allowed?
No, under the Occupational Safety and Health Administration’s field sanitation standards for agriculture, your employer’s handwashing facilities must include an adequate supply of clean water, soap and single-use towels. Hand sanitizer or wipes are not allowed as a substitute for handwashing facilities.
Please note that federal and state laws may differ and operate independently; therefore, you may wish to contact your state labor office to determine whether there are any state laws that address your workplace rights during the pandemic.
Contact Us
For additional information or to find out how to file a complaint, visit our Wage and Hour Division Website: https://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487- 9243).
Note that employer-provided housing and transportation may be a benefit of employment that is also covered by the nondiscrimination and accommodation requirements of the equal employment opportunity laws. More information is available at https://www.eeoc.gov/.
For further information about COVID-19, please visit the HHS’s Centers for Disease Control and Prevention.