AEWR Wage and H-2A Payroll Information for Farmers

"Owned and Managed by Agricultural Employers"

Earnings Records

The employer must keep accurate and adequate records with respect to the workers' earnings, including but not limited to field tally records, supporting summary payroll records, and records showing the nature and amount of the work performed; and

the number of hours of work offered each day by the employer;

the hours actually worked each day by the worker;

the time the worker began and ended each workday;

the rate of pay;

the worker's earnings per pay period;

the worker's home address;

the amount of and reasons for any and all deductions taken from the worker's wages;

and the nature & amount of work performed.

Hours and Earnings Statements

The employer must furnish to the worker on or before each payday written statements of the following information:

The worker's name and home address;

The worker's total earnings for the pay period;

The worker's hourly rate and/or piece rate of pay;

The hours of employment offered to the worker (showing offers in accordance with the three-fourths guarantee);

The hours actually worked by the worker;

An itemization of all deductions made from the worker's wages, if designated in the work contract;

If piece rates are used, the units produced daily;

Beginning and ending date of the pay period; and

The employer's name, address, and Federal Employers Identification Number (FEIN).

Corresponding Employment

U.S. workers that are doing the same job of the H-2A workers must be paid the same rate during the duration of the contract.

Piece Rates

Piece rates may be paid per activity, but the worker’s wages can not fall below the hourly wage listed above. In order to do this, you have to keep track of the hours worked during the time they are working for a piece rate. We have an excel spreadsheet that can be used to capture this. It is on our website.

Kentucky Overtime Pay

KRS 337.050 - Time and a half for work done on seventh day of week.