Attachment D to GAL No. 7-97

 

 

CODE DEFINITIONS

 

The required information on H-2A job orders is coded on the AJB screen (Attachment B) and includes the categories listed below:

CATEGORIES DEFINITION
A. Hourly Rate Is the activity paid by the hour?
B. Piece Rate Is the activity paid by piece?
C. Fresh Market Rate Piece rate for fresh market fruit
D. Processing Rate Piece rate for fruit for processing
E. Drops Rate Piece rate for fruit on ground
F. Overtime Pay Does employer pay overtime?
G. Minimum Hourly Wage Higher of AEWR or prevailing wage
H. Workers compensation Does employer provide workers compensation?
I. Hours Per Day Normal hours per day
J. Days Per Week Normal days per week
K. 3/4 Guarantee Does employer assure work for 3/4 of contract hours?
L. No Cost Housing Coded type of housing provided: S=Single; F=Family; O=Other (motel, etc.)
M. Meals Does employer provide 3 meals a day?
N. Meal Costs Daily charge for 3 meals
O. Cooking Facilities Does the employer provide cooking facilities in lieu of meals?
P. Tools Does employer provide all tools free?
Q. Training Does employer provide training for worker to meet productivity standards ?
R. Productivity Standards Does employer specify productivity standard(s) for job retention?
S. Transportation Advance Does the employer advance transportation costs?
T. Transportation Reimbursement Does employer reimburse inbound after the shorter of 15 days or 50% of contract & pay for return transportation?
U. 50% Rule Will employer hire able U.S. workers through 50% of contract period?
V. Unemployment Insurance Does employer provide UI coverage?
W. Alternative Work Does employer require alternative work for 1st week's guarantee?

 

Items in bold (common to all H-2A orders) may be included in a standard boilerplate format prepared as a handout in English and Spanish at a local office or the local office can find an expanded presentation in the complete order available by fax or at: http://www.labor.state.ny/agricul

 

Discussion of Codes:

Codes A (Hourly rate) and B (Piece rate)

For most harvest jobs, the wage will be either hourly (A) or piece rate (B). In some orders, there may be both an hourly and a piece rate component. For example, the sample order for a "Farmworker, Fruit II" indicates that the wages will be both hourly and piece. The job description says the worker will assist in harvest beginning in mid August. Therefore, there is a piece rate wage of $0.60 (per EAB or 1 1/8 bushels) listed in the "fresh market" category.

 

Code F (Overtime pay)

The majority of H-2A oocupations are exempt from the requirement for paying overtime.

 

Code J (Days per week)

By looking at the "Hours:" row on the AJB order and the hours in Code I, a Saturday half-day can be determined. For example, if an order said 44 hours, Code I was 08 and Code J was 6, it is clear that the worker is expected to work 8 hours M-F and 4 hours on Saturday to reach the 44 hour total.

 

Codes M (Meals) and N (Meal costs)

If Code M is "Y," then there must be an entry in Code N. If the entry in Code N is "0.00," that should mean that the employer is providing meals at no cost to the worker. Also, if Code M is "Y," then Code O must be "N."