What is the H-2A Three-fourths Guarantee?

From Edward Silva, CEO at másLabor

In every H-2A contract, employers must uphold the ¾ guarantee.

What does that mean?

Employers must offer all workers 75% of the work hours specified in the H-2A contract based on the standard work schedule set forth in the Job Order.

How do you calculate the “hours guarantee”?

Here’s a simple breakdown of how to calculate the “hours guarantee” to stay in compliance:

1. Count the weeks between first day of work and the certified contract end date;

2. Multiply the number of weeks by the standard weekly hours specified in your contract;

3. Subtract the hours for any workdays during that period that were Federal holidays or fell on the worker’s Sabbath (if applicable); and

4. Multiply the total by 0.75. The result is the number of hours guaranteed to workers.

Updates from Wage and Hour Division (WHD) of Department of Labor, via Daniel Chapman - march 26, 2024

As outlined in our Compliance Guide and the instructions of the 790A, there can be weekly discrepancies in the hours offered versus hours worked on the paystub against your contractual average-- auditors should only be looking at the contract period as a whole, not singling out random weeks that may fall well above or below your average.

If you are ever in a situation where you feel like this overview is not being followed by an individual officer, you can push back by pointing to the H-2A employer compliance checklist. It also discusses normal and regular hours. Fact sheets 26E and 26B are also helpful, as well as the instructions to 790A. It also helps to know who the investigator’s manager is. There may be times where you can get their attention as a second line.

Daniel recommended employers review the forms below:

• Wage and Hour Fact Sheet 26A – Recruitment Requirements

• Wage and Hour Fact Sheet 26B – Disclosure of the Job Order and Notice of Worker Rights

• Wage and Hour Fact Sheet 26E – Job Hours and the Three-Fourths Guarantee

• H-2A Employer Compliance Review Checklist

• ETA 790A General Instruction

source: National council of agricultural employers (ncae) committee meeting