Agriculture Workers

Migrant and Seasonal Farmworkers

The Migrant Seasonal Farmworker (MSFW) Program ensures farmworkers receive services that are equal in quality and proportionate in quantity to those available to the general population.

• Referrals to Support Services
• Career Counseling
• Testing
• Labor Market Information

Farmworkers may also be eligible for the following additional services based on immigration status:

• Job Search and Placement
• Training Opportunities

WorkForce West Virginia’s partner, Telamon Corporation, provides additional services specifically tailored to Migrant and Seasonal Farmworkers.

Farmworker Rights

All Migrant and Seasonal Farmworkers have the following rights:

Disclosure: You must be given a copy of your work contract.  You must be notified in writing of all deductions that are not already required by law.

Wages: You must be paid at least twice per month at the rate stated in your work contract, and each payday you must be given a pay stub listing pay rate(s), hours worked, deductions, and earnings.  You must be guaranteed at least ¾ of the total hours of work stated in your work contract.

Transportation: Your employer must either provide or pay for inbound transportation and daily meals to the place of employment or reimburse you for reasonable costs once you complete 50% of the work contract.  In most situations, to the extent that they reduce your wages below the minimum wage, travel and visa costs must be reimbursed in the first workweek.  Once you complete the work contract, your employer must provide or pay for your return transportation and daily meals.

Housing: All H-2A workers are entitled to free housing and free daily transportation to and from the worksite.  U.S. workers are also entitled to free housing and daily transportation if they are not reasonably able to return home within the same day.

Complaints: If your rights have been violated, please speak with WorkForce West Virginia outreach staff during their next visit, or complete and submit a Complaint Form.  You may also contact the United States Department of Labor Wage & Hour Division at 1-866-487-9243 or at www.dol.gov/whd.  Complaints can be filed anonymously.

Please complete the Complaint Form to report any of the following:

• Violation of your farmworker rights.
• Knowledge of possible human trafficking.
• Your employer is refusing you access to your passport.
• You are not being paid correctly.
• Poor or dangerous housing or working conditions.

Additional Information

For additional information on the rights of farmworkers, visit migrantworker.gov.

If you have questions or need assistance, contact wvsma@wv.gov or 304-350-3477 or 304-352-4793.