Labor Commissioner Issues Supplemental Notice for H-2A Employees in Advance of March 15, 2024 Notice Requirement

Barsamian & Moody

March 13, 2024

California Labor Code section 2810.5 requires H-2A employers to provide notice to H-2A workers  describing the rights and protections afforded to these workers under California’s laws and regulations. This notice requirement is effective March 15, 2024. The Labor Commissioner just released the English and Spanish version of the Supplemental Notice to Employee - California Rights and Protections for H-2A Agricultural Workers.

The default language for this Supplemental Notice is Spanish and H-2A employers must provide this notice to each H-2A worker in Spanish, no later than the day the H-2A worker begins work in California or on the first day that the employee begins work for another (new) H-2A Employer. Employers must provide the English language notice if requested by a H-2A worker. Employers can access the Supplemental Notice here:

English: https://www.dir.ca.gov/dlse/2810.5-Supplemental-Notice-to-H-2AEmployees_English.pdf  

Spanish: https://www.dir.ca.gov/dlse/2810.5-Supplemental-Notice-to-H-2AEmployees_Spanish.pdf  

What This Means for Employers: H-2A employers and growers that utilize FLCs that hire H-2A employees should ensure that H-2A employees receive the updated Notice to Employee – Labor Code section 2810.5 and Supplemental Notice to Employee. If your H-2A employees have already begun work in California, the employer (whether your direct hires or an FLC’s employees) should ensure they provide this notice in Spanish (or English if requested) by March 15, 2024. Failure to ensure compliance can result in civil penalties.

The goal of this article is to provide employers with current labor and employment law information. The contents should neither be interpreted as, nor construed as legal advice or opinion. The reader should consult with Barsamian & Moody at (559) 248-2360 for individual responses to questions or concerns regarding any given situation.