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  • Head Honchos LLC.

Are H2-A employers required to provide health and 401K benefits?

Updated: Jun 13, 2023

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Employers who hire H2-A workers are not required by law to provide health or 401(k) benefits to their workers, but they are required to provide certain other benefits and protections.

Under the H2-A program, employers are required to provide their workers with the following:

  1. Workers' compensation insurance: Employers must provide workers' compensation insurance to cover medical expenses and lost wages if a worker is injured on the job.

  2. Transportation: Employers must provide transportation to and from the worksite for H2-A workers, as well as between job sites if necessary.

  3. Housing: Employers must provide free or subsidized housing to their workers, either on the employer's property or at a location that meets certain safety and sanitation standards.

  4. Meals: Employers must provide either free or low-cost meals to their workers, or else provide workers with access to cooking facilities and food storage.

  5. Adverse weather: If work is cancelled due to adverse weather conditions, employers must provide workers with alternative employment or payment for the scheduled work hours.

  6. Job offer guarantee: Employers must guarantee a certain number of work hours and provide workers with a copy of the job offer.

While health and 401(k) benefits are not required under the H2-A program, some employers may choose to offer these benefits as a way to attract and retain workers. Additionally, some states or municipalities may require employers to provide certain benefits to all workers, including H2-A workers. Employers should consult with an attorney or other expert to understand the requirements and obligations related to employing H2-A workers in their specific location and industry. Learn more by contacting Head Honchos LLC.

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