Transportation Requirements for H-2A Employers

September 8, 2021 | By Audrey Holtkamp*

Overview

H-2A employers must provide the following transportation for H-2A workers:

  • Provide or pay for inbound transportation and meals from the worker’s country of origin, or reimburse the worker once 50% of the work contract has elapsed
  • Provide or pay for return transportation and meals when the work contract is completed
  • Provide transportation to/from the worksite and employer-provided housing

Employer-provided transportation must comply with all applicable vehicle standards (see below), be properly insured, and be operated by licensed and qualified drivers.

Vehicle Standards

There are two sets of motor vehicle standards: standards from the Department of Labor and standards from the Department of Transportation. H-2A employers that use or cause to be used a vehicle transporting workers must ensure that the vehicle is complying with one of these sets of standards; the set that should be followed depends on the type of the motor vehicle, passenger capacity of the vehicle, and the distance expected to be travelled[1]. Compliance with all other applicable Federal and State safety standards is also required, regardless of the previously-stated conditions.

Employers must follow the DOL standards defined in 29 CFR § 500.105, as well as all other applicable State and Federal safety standards, if the motor vehicle being used to transport workers is a:

  • Passenger automobile, van with 10 or fewer passengers, pick-up truck with workers riding in the cab, multipurpose passenger vehicle that does not meet truck features, or a station wagon travelling any distance
  • Van with more than 10 passengers, “windowless” cargo van, bus, truck/truck tractor/ semi-trailer, any “low-speed vehicle”, pick-up truck with workers riding in the truck bed, or a multipurpose passenger vehicle meeting truck features travelling less than 75 miles (roundtrip)

Employers must follow the DOT standards defined in 29 CFR § 500.105, as well as all other applicable State and Federal safety standards, if the vehicle is a:

  • Van with more than 10 passengers, bus, truck/truck tractor/semi-trailer, pick-up truck with workers riding in the truck bed, multipurpose passenger vehicle meeting truck features, or a “low-speed vehicle” travelling more than 75 miles (roundtrip)

Specific descriptions of each type of vehicle are found in the U.S Wage and Hour Division’s Fact Sheet #50

 

*2021 CALT intern

 

[1] 29 CFR § 500.101