First-Line Supervisors of Farming: U.S. Departmen T of Labor A. Job Offer Information
First-Line Supervisors of Farming: U.S. Departmen T of Labor A. Job Offer Information
6. Anticipated days and hours of work per week (an entry is required for each box below) * 7. Hourly Work Schedule *
8b. Wage Offer * 8c. Per * 8d. Piece Rate Offer § 8e. Piece Rate Units / Estimated Hourly Rate /
Special Pay Information §
28 ✔
HOUR 00 00
$ ______.___
$ _____ .___
89 Employers may give discretionary bonuses.
MONTH
9. Is a completed Addendum A providing additional information on the crops or agricultural activities to be ✔ Yes
N/A
performed and wage offers attached to this job offer? *
10. Frequency of Pay: * Weekly
✔
Biweekly Other (specify): ___________________________________
N/A
11. State all deduction(s) from pay and, if known, the amount(s). *
(Please begin response on this form and use Addendum C if additional space is needed.)
See Addendum C
D. Housing Information
1. Housing Address/Location *
21166 W Cadillac Ave
2. City * 3. State * 4. Postal Code * 5. County *
Coalinga California 93210 Fresno
6. Type of Housing (check only one) * 7. Total Units * 8. Total Occupancy *
✔ Employer-provided
Rental or public 1 7
(including mobile or range)
9. Identify the entity that determined the housing met all applicable standards: *
Local authority ✔
SWA Other State authority Federal authority Other (specify): _________________
10. Additional Housing Information. (If no additional information, enter “NONE” below) *
See Addendum C
11. Is a completed Addendum B providing additional information on housing that will be provided to
Yes
✔
N/A
workers attached to this job order? *
2. Describe the terms and arrangements for providing workers with transportation (a) to the place of employment
(i.e., inbound) and (b) from the place of employment (i.e., outbound). *
(Please begin response on this form and use Addendum C if additional space is needed.)
Please see addendum C.
3. During the travel described in Item 2, the employer will pay for
a. no less than $ ______ 88 per day *
15 . _____
or reimburse daily meals by providing each worker *
b. no more than $ ______ 00 per day with receipts
59 . _____
G. Referral and Hiring Instructions
Form ETA-790A FOR DEPARTMENT OF LABOR USE ONLY Page 3 of 8
H-300-24228-268757 Full Certification 09/13/2024
H-2A Case Number: ____________________ Case Status: __________________ Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A
U.S. Department of Labor
1. Explain how prospective applicants may be considered for employment under this job order, including verifiable contact
information for the employer (or the employer’s authorized hiring representative), methods of contact, and the days and
hours applicants will be considered for the job opportunity. *
(Please begin response on this form and use Addendum C if additional space is needed.)
See Addendum C
For workers engaged in the herding or production of livestock on the range, the employer agrees to pay the worker at least the monthly
AEWR, the agreed-upon collective bargaining wage, or the applicable minimum wage imposed by Federal or State law or judicial action, in
effect at the time work is performed, whichever is highest, for every month of the job order period or portion thereof. If the offered wage
disclosed in this clearance order is based on commissions, bonuses, or other incentives, the employer guarantees that the wage paid will
equal or exceed the monthly AEWR, the agreed-upon collective bargaining wage, or the applicable minimum wage imposed by Federal or
State law or judicial action, whichever is highest, and will be paid to each worker free and clear without any unauthorized deductions. The
employer may prorate the wage for the initial and final pay periods of the job order period if its pay period does not match the beginning or
ending dates of the job order. The employer also may prorate the wage if an employee is voluntarily unavailable to work for personal
reasons. 20 CFR 655.210(g).
12. FREQUENCY OF PAY: Employer agrees to pay workers when due based on the frequency disclosed in this clearance order. 20 CFR 655.122(m).
13. ABANDONMENT OF EMPLOYMENT OR TERMINATION FOR CAUSE: If a worker voluntarily abandons employment before the end of the
contract period, or is terminated for cause, the employer is not responsible for providing or paying for the subsequent transportation and
subsistence expenses of that worker, and that worker is not entitled to the three-fourths guarantee, if the employer notifies the U.S. Department
of Labor and, if applicable, the Department of Homeland Security, in writing or by any other method specified by the Department of Labor or
the Department of Homeland Security in the Federal Register, not later than 2 working days after the abandonment or termination occurs. A
worker will be deemed to have abandoned the work contract after the worker fails to show up for work at the regularly scheduled time for 5
consecutive work days without the consent of the employer. 20 CFR 655.122(n).
14. CONTRACT IMPOSSIBILITY: The work contract may be terminated before the end date of work specified in the work contract if the services
of the workers are no longer required for reasons beyond the control of the employer due to fire, weather, or other Act of God that makes
fulfillment of the contract impossible, as determined by the Department of Labor. In the event that the work contract is terminated, the
employer agrees to fulfill the three-fourths guarantee for the time that has elapsed from the start date of work specified in the work contract
to the date of termination. The employer also agrees that it will make efforts to transfer the worker to other comparable employment acceptable
Form ETA-790A FOR DEPARTMENT OF LABOR USE ONLY Page 6 of 8
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A
U.S. Department of Labor
to the worker and consistent with existing immigration laws. In situations where a transfer is not affected, the employer agrees to return the
worker at the employer’s expense to the place from which the worker, disregarding intervening employment, came to work for the employer,
or transport the worker to his/her next certified H-2A employer, whichever the worker prefers. The employer will also reimburse the worker
the full amount of any deductions made by the employer from the worker’s pay for transportation and subsistence expenses to the place of
employment. The employer will also pay the worker for any transportation and subsistence expenses incurred by the worker to that employer’s
place of employment. The amounts the employer will pay for subsistence expenses per day are those amounts disclosed in this clearance
order. The amount of the transportation payment must not be less (and is not required to be more) than the most economical and reasonable
common carrier transportation charges for the distances involved. 20 CFR 655.122(o).
The employer is not required to pay for transportation and daily subsistence from the place of employment to a subsequent employer’s place
of employment if the worker has contracted with a subsequent employer who has agreed to provide or pay for the worker’s transportation and
subsistence expenses from the present employer’s place of employment to the subsequent employer’s place of employment. 20 CFR
655.122(h)(2).
15. DEDUCTIONS FROM WORKER’S PAY: Employer agrees to make all deductions from the worker’s paycheck required by law. This job
offer discloses all deductions not required by law which the employer will make from the worker’s paycheck and all such deductions are
reasonable, in accordance with 20 CFR 655.122(p) and 29 CFR part 531. The wage requirements of 20 CFR 655.120 will not be met where
undisclosed or unauthorized deductions, rebates, or refunds reduce the wage payment made to the employee below the minimum amounts
required under 20 CFR part 655, subpart B, or where the employee fails to receive such amounts free and clear because the employee kicks
back directly or indirectly to the employer or to another person for the employer’s benefit the whole or part of the wage delivered to the
employee. 20 CFR 655.122(p).
16. DISCLOSURE OF WORK CONTRACT: Employer agrees to provide a copy of the work contract to an H-2A worker no later than the time at
which the worker applies for the visa, or to a worker in corresponding employment no later than on the day work commences. For an H-2A
worker coming to the employer from another H-2A employer or who does not require a visa for entry to the United States, the employer agrees
to provide a copy of the work contract no later than the time an offer of employment is made to the H-2A worker. A copy of the work contract
will be provided to each worker in a language understood by the worker, as necessary or reasonable. In the absence of a separate, written
work contract entered into between the employer and the worker, the work contract at minimum will be the terms of this clearance order,
including all Addenda, the certified H-2A Application for Temporary Employment Certification and any obligations required under 8 U.S.C.
1188, 29 CFR part 501, or 20 CFR part 655, subpart B. 20 CFR 655.122(q).
17. ADDITIONAL ASSURANCES FOR CLEARANCE ORDERS:
A. Employer agrees to provide to workers referred through the clearance system the number of hours of work disclosed in this clearance
order for the week beginning with the anticipated first date of need, unless the employer has amended the first date of need at least 10
business days before the original first date of need by so notifying the Order-Holding Office (OHO) in writing (e.g., email notification).
The employer understands that it is the responsibility of the SWA to make a record of all notifications and attempt to inform referred
workers of the amended first date of need expeditiously. 20 CFR 653.501(c)(3)(i).
If there is a change to the anticipated first date of need, and the employer fails to notify the OHO at least 10 business days before the
original first date of need, the employer agrees that it will pay eligible workers referred through the clearance system the specified rate
of pay disclosed in this clearance order for the first week starting with the originally anticipated first date of need or will provide alternative
work if such alternative work is stated on the clearance order. 20 CFR 653.501(c)(5).
B. Employer agrees that no extension of employment beyond the period of employment specified in the clearance order will relieve it from
paying the wages already earned, or if specified in the clearance order as a term of employment, providing transportation from the place
of employment, as described in paragraph 7.B above. 20 CFR 653.501(c)(3)(ii).
C. Employer assures that all working conditions comply with applicable Federal and State minimum wage, child labor, social security, health
and safety, farm labor contractor registration, and other employment-related laws. 20 CFR 653.501(c)(3)(iii).
D. Employer agrees to expeditiously notify the OHO or SWA by emailing and telephoning immediately upon learning that a crop is maturing
earlier or later, or that weather conditions, over-recruitment, or other factors have changed the terms and conditions of employment. 20
CFR 653.501(c)(3)(iv).
E. If acting as a farm labor contractor (FLC) or farm labor contractor employee (FLCE) on this clearance order, the employer assures that
it has a valid Federal FLC certificate or Federal FLCE identification card and when appropriate, any required State FLC certificate. 20
CFR 653.501(c)(3)(v).
F. Employer assures that outreach workers will have reasonable access to the workers in the conduct of outreach activities pursuant to 20
CFR 653.107. 20 CFR 653.501(c)(3)(vii).
I declare under penalty of perjury that I have read and reviewed this clearance order, including every page of this Form ETA-790A and all supporting
addendums, and that to the best of my knowledge, the information contained therein is true and accurate. This clearance order describes the
actual terms and conditions of the employment being offered by me and contains all the material terms and conditions of the job. 20 CFR
653.501(c)(3)(viii). I understand that to knowingly furnish materially false information in the preparation of this form and/or any supplement thereto
or to aid, abet, or counsel another to do so is a federal offense punishable by fines, imprisonment, or both. 18 U.S.C. §§ 2, 1001.
1. Last (family) name * 2. First (given) name * 3. Middle initial §
Barrera Luis
4. Title *
Director of Operations
28 89
$ ______ . _____
Romaine Lettuce Hour
28 89
$ ______ . _____
$ ______ . _____
$ ______ . _____
$ ______ . _____
$ ______ . _____
$ ______ . _____
$ ______ . _____
$ ______ . _____
$ ______ . _____
For Public Burden Statement, see the Instructions for Form ETA-790/790A. Page A.1 of A.1
Form ETA-790A Addendum A FOR DEPARTMENT OF LABOR USE ONLY Page A.1 of A.1
H-300-24228-268757 Full Certification 09/13/2024
H-2A Case Number: ____________________ Case Status: __________________ Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A Addendum B
U.S. Department of Labor
C. Additional Place of Employment Information
4. Begin 5. End 6. Total
1. Name of Agricultural Business § 2. Place of Employment * 3. Additional Place of Employment Information §
Date § Date § Workers §
Form ETA-790A Addendum B FOR DEPARTMENT OF LABOR USE ONLY Page B.1 of B.1
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A Addendum C
U.S. Department of Labor
H. Additional Material Terms and Conditions of the Job Offer
a. Job Offer Information 1
1. Section/Item Number * A.8a 2. Name of Section or Category of Material Term or Condition * Job Duties
3. Details of Material Term or Condition (up to 3,500 characters) *
This application covers: Thinning, weeding, irrigation, clean & core Iceberg Lettuce, Romaine Lettuce harvest.
The worker must possess a valid driver's license and be insurable and can transport workers and equipment.
Supervisor Duties:
Manage and coordinate employees for farm work and laborer positions and farm equipment operator job duties.
Direct and coordinate, through subordinate supervisory personnel, the activities of workers dedicated to the production of agricultural crops. Directs and coordinates worker activities such as planting, watering, applying chemicals, and harvesting. Coordinates cultivation activities with management, human resources, agronomy department, equipment maintenance, packing house and other related
departments.
Examples of supervisory duties are:
• Monitor workers to ensure that safety regulations are followed, warning or disciplining those who violate safety regulations.
• Ensure tasks are completed and arrive at job sites on time.
• Make sure employees follow all rules set by the employer
• Make sure they are maintaining and cleaning living areas
• Notify appropriate staff of housing issues so they can be addressed
• Make sure the home is cleaned regularly
• Ensure vehicles are cleaned and fluids checked regularly
• Notify appropriate personnel of vehicle issues so they can be addressed
• Manage H2A employee time clock to ensure hours worked are recorded correctly
• Manage transportation to and from work and grocery stores once a week
• Disciplinary writing and record keeping for employees
• Check the location of workers several times a day
• Notify appropriate personnel of any injuries so they are reported and managed appropriately
• Ensure employees have the proper equipment to do their jobs, as well as track equipment and maintenance
• Coordinate with farm management to ensure the correct number and correct employees are in designated areas
• Language translation for farm management
• Manage the location, stock, cleanliness and number of portable toilets with work equipment
• Manage record books for food safety
• Monitor heat/climate for work crews and adhere to guidelines
During harvest, workers will drive harvest vehicles.
1. Section/Item Number * A.11 2. Name of Section or Category of Material Term or Condition * Deductions from Pay
3. Details of Material Term or Condition (up to 3,500 characters) *
FICA (if applicable); federal income tax withholding (if applicable); state and/or local tax withholding (if applicable). Re-issued check
policy: After the first loss, mutilation or expiration of a worker's check, the company will charge a $25.00 processing fee for every
reissued check, for any reason other than the company's negligence. The employer will not deduct from the wage or require any
reimbursement from an employee for any cash shortage, breakage, or loss of housing, furnishings, tools or equipment, unless it can
be shown that such shortage, breakage, or loss is caused by a dishonest or willful act, or by the gross negligence of the employee;
medical insurance payments, if applicable; cash advances, if applicable; state sponsored retirement savings plan deductions, if
applicable; and deductions expressly authorized by the worker in writing (if any).
For Public Burden Statement, see the Instructions for Form ETA-790/790A.
Form ETA-790A Addendum C FOR DEPARTMENT OF LABOR USE ONLY Page C.1 of C.12
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A Addendum C
U.S. Department of Labor
H. Additional Material Terms and Conditions of the Job Offer
c. Job Offer Information 3
1. Section/Item Number * D.10 2. Name of Section or Category of Material Term or Condition * Additional Housing Information
3. Details of Material Term or Condition (up to 3,500 characters) *
1 unit has a capacity for 7 workers per unit, with one shared bathroom per unit.
Beds and bedding are provided.
The housing facility will hold 1 worker.
Shared dining facilities and laundry facilities are available onsite.
All housing is controlled by the employer.
1. Section/Item Number * G.1 2. Name of Section or Category of Material Term or Condition * Referral and Hiring Instructions
3. Details of Material Term or Condition (up to 3,500 characters) *
Applicants may apply at and be referred by any local office of a state workforce agency. Applicants should thoroughly familiarize themselves with the job specifications and terms and conditions of
employment in the Clearance Order before contacting the employer or seeking a referral. Only workers who meet all of the qualifications for employment, who are work authorized, and who are willing
and able to perform the work, with or without reasonable accommodations, and who will be available at the time and place needed for the duration of the contract, should contact or be referred to the
employer. Applicants, Workforce Agency Personnel, Walk-ins, Hires, etc. may call for an interview during Regular Business Hours at the number listed on the ETA 790, report to the worksite listed on
the ETA 790 or call Mariana Barrera at 831-272-3523 for an application and submit the completed application to Empire Farm Labor Contractor LLC, 17601 Vierra Canyon Rd., Ste.201, Salinas, CA,
93907, Monday through Friday 8:00 a.m. to 4:30 p.m. ("Regular business Hours"), except on federal holidays. If a Job Service Office will be referring several applicants at the same time, it is requested
that the employer be advised in advance so that sufficient time may be allowed to schedule interviews.
Applicants will be interviewed in person or by telephone and job offers will be extended to qualified, eligible applicants. Original documents (no copies) of identity and employment authorization sufficient
to complete an I-9 Form as required by the Immigration Reform and Control Act must be in possession of the worker at the time the worker reports for work and will be examined by the employer as a
condition for completing the hiring process. Referring local offices should fully apprise workers of this requirement. The employer will review each applicant's completed application individually
immediately after the interview. The employer will accept referrals from any source and continue to cooperate with the SWA by accepting referrals of all eligible U.S. workers who apply (or on whose
behalf an application is made) for the job opportunity until the end of the recruitment period as specified in the job order. Applicants and referrals will not be considered until a completed and signed
application is provided to the employer indicating that the worker has received a written copy of the Migrant and Seasonal Agricultural Worker employment disclosures (or contract containing such
disclosures) required by law.
For Public Burden Statement, see the Instructions for Form ETA-790/790A.
Form ETA-790A Addendum C FOR DEPARTMENT OF LABOR USE ONLY Page C.2 of C.12
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A Addendum C
U.S. Department of Labor
H. Additional Material Terms and Conditions of the Job Offer
e. Job Offer Information 5
1. Section/Item Number * F.1 2. Name of Section or Category of Material Term or Condition * Daily Transportation
3. Details of Material Term or Condition (up to 3,500 characters) *
The employer will offer the following vehicles:
one 25-passenger bus,
two 34-passenger bus,
one 38-passenger bus,
1. Section/Item Number * A.8a 2. Name of Section or Category of Material Term or Condition * Job Duties - Job Duties, Continued
3. Details of Material Term or Condition (up to 3,500 characters) *
Workers will be expected to comply with all provisions of this Clearance Order and the Company's work rules, policies, and
procedures and to perform any and all assigned tasks in a work person-like and efficient manner. Failure to do so will subject the
worker to the employer's disciplinary procedures. The employer endeavors to produce a premium product. This is a demanding,
competitive business. A high-quality product is expected and demanded by our customers. Sloppy or improper work cannot and will
not be tolerated.
For Public Burden Statement, see the Instructions for Form ETA-790/790A.
Form ETA-790A Addendum C FOR DEPARTMENT OF LABOR USE ONLY Page C.3 of C.12
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A Addendum C
U.S. Department of Labor
H. Additional Material Terms and Conditions of the Job Offer
g. Job Offer Information 7
1. Section/Item Number * A.8a 2. Name of Section or Category of Material Term or Condition * Job Duties - Working conditions
3. Details of Material Term or Condition (up to 3,500 characters) *
Workers will be expected to work in conditions normally associated with uneven fields and the California climate. These conditions
include dust, extremes of temperature and humidity, wind, and at times, exposure to high levels of pollen. Workers should wear
clothing suited to these conditions, including closed-toe shoes, hats, gloves, protective sleeves, and jackets, which will provide
adequate protection and allow freedom of movement
1. Section/Item Number * A.8a 2. Name of Section or Category of Material Term or Condition * Job Duties - Drug and Alcohol Policy
3. Details of Material Term or Condition (up to 3,500 characters) *
All worksites covered by this job order and all facilities of the employer are drug-free workplaces.
No illegal drugs of any kind are permitted in the housing or workplace.
Employees must not report for work, enter the worksite or perform services while under the influence of or having used alcohol or any
illegal controlled substance. Employees must not report for work or perform services, while under the influence of, or impaired by,
prescription drugs, medications, or other substances that may in any way adversely affect a worker's alertness, coordination, reaction
response, or the safety of the worker response, or the safety of the worker or other workers.
The employer may require the worker to submit to a drug test at the employer's expense upon the occurrence of a reportable accident
or upon reasonable suspicion. In such an event, the costs of the medical exam will be paid for by the employer.
For Public Burden Statement, see the Instructions for Form ETA-790/790A.
Form ETA-790A Addendum C FOR DEPARTMENT OF LABOR USE ONLY Page C.4 of C.12
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A Addendum C
U.S. Department of Labor
H. Additional Material Terms and Conditions of the Job Offer
i. Job Offer Information 9
1. Section/Item Number * A.8a 2. Name of Section or Category of Material Term or Condition * Job Duties - H2A FLC Itinerary
3. Details of Material Term or Condition (up to 3,500 characters) *
Given the nature of the employer's agricultural business, it is not possible to specify a work itinerary for all the worksites in which
employees will be performing their duties. The impact from weather and growing cycles requires that the employer provide services at
all of the various worksites simultaneously during the contract period to ensure the crops are properly maintained and harvested in a
timely manner.
1. Section/Item Number * A.8a 2. Name of Section or Category of Material Term or Condition * Job Duties - Job Duties
3. Details of Material Term or Condition (up to 3,500 characters) *
Work under this contract will consist of thinning and hoeing fields and harvesting various row crop vegetables such as onion, bell peppers and irrigating field.
Packing, grading & sorting product in the packing shed located on the fixed-site grower's farm.
General Labor: weeding, cleaning garbage around the fields, moving sprinklers, irrigation, drip tape.
Pruning, and harvesting cherries. Harvest and prepare for packing (but not pack in retail boxes) cherries. Some workers may carry and assemble empty boxes.
Irrigating crops, setting and removing sprinklers, running wheel lines, driving equipment, operating pivots, flood irrigating, moving portable sprinklers and installing drip tape. Irrigation workers will walk
behind a tractor in between furrows at a steady pace, either unloading or loading irrigation pipes (25 lbs) 100% of the job.
Packing line workers: sort produce from conveyor belt for proper sorting while in the fields (but not pack in retail boxes).
Machine/equipment operator: able to operate machinery including tractors as directed and trained by supervisory personnel.
Forklift operator: single/double, individuals should be able to operate a forklift to load pallets of packed product into refrigerated trucks as directed and trained by supervisory personnel.
Work may be done on the ground and/or with the use of a harvesting machine where workers may pack the cartons while walking behind or mounted on the machine.
Some workers may carry and assemble empty boxes. Worker must be able to lift 60 lbs.
Must be able to bend and stoop throughout the day.
In order to perform this kind of work, workers must be able to work outside for at least 6 hours a day in all kinds of weather and be in possession of the requisite physical strength and endurance to
conduct harvest activities, working rapidly and skillfully with hands.
The worker will be provided with all necessary equipment to perform these harvest-related tasks. Workers must be able to listen, understand, and follow the instructions of company supervisors and
managers. Workers must be willing to perform all duties according to the employer's rules and regulations during the contract period.
For Public Burden Statement, see the Instructions for Form ETA-790/790A.
Form ETA-790A Addendum C FOR DEPARTMENT OF LABOR USE ONLY Page C.5 of C.12
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A Addendum C
U.S. Department of Labor
H. Additional Material Terms and Conditions of the Job Offer
k. Job Offer Information 11
1. Section/Item Number * A.8a 2. Name of Section or Category of Material Term or Condition * Job Duties - Harvesting Duties
3. Details of Material Term or Condition (up to 3,500 characters) *
Iceberg Lettuce: Fieldworker to harvest iceberg lettuce. Cut, core, bag/wrap, pack and load fresh lettuce in the field. Cutting is done on a harvesting
machine by using hands and a cutting knife. Using a harvesting hand knife and bending at the waist, the employee cuts the head from the roots and trims
the outer leaves from the head to prepare it to be packed into a carton, tote, or bin. The process is repeated.
Romaine Lettuce: Fieldworker to harvest romaine conventional romaine hearts. Cut, bag, pack, and load fresh lettuce in the field. Cutting is done on a
harvesting machine by using hands and a cutting knife. Using a harvesting hand knife and bending at the waist, the employee cuts the head from the roots
and trims the outer leaves from the head to prepare it to be packed into a carton, tote, or bin. The process is repeated.
Thinning: Workers walk in uneven furrows. Under the direction of the field supervisor, field workers look for the specified gap
seeds, and using a long-handled hoe thins out any excess crop/seeds and/or weed on the seed line and leave the desired product and gap on the field.
The worker cleans the lot for any unwanted weed on the beds and seed lines and takes it out of the field as instructed by the field supervisor.
1. Section/Item Number * E.1 2. Name of Section or Category of Material Term or Condition * Meal Provision - Meals provided
3. Details of Material Term or Condition (up to 3,500 characters) *
Breakfast and dinner will be served at the employer-provided housing location and lunch will either be provided for the employees at
breakfast or delivered to the worksite. Meals times will vary by the needs of the employee's work schedules.
All meals provided will meet the nutritional and dietary set forth by the USDA. Workers occupying employer-provided housing without
kitchen facilities who are absent from work due to a reported illness will be provided with instructions about when and how to request
their meals during days when any meals are provided at the work site.
For Public Burden Statement, see the Instructions for Form ETA-790/790A.
Form ETA-790A Addendum C FOR DEPARTMENT OF LABOR USE ONLY Page C.6 of C.12
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A Addendum C
U.S. Department of Labor
H. Additional Material Terms and Conditions of the Job Offer
m. Job Offer Information 13
1. Section/Item Number * B.6 2. Name of Section or Category of Material Term or Condition * Job Requirements - Housing Occupancy Rules
3. Details of Material Term or Condition (up to 3,500 characters) *
Seasonal housing is offered to U.S. workers who live outside a normal commuting distance, as well as foreign workers.
You must be employed by the company in order for you to live in provided housing. Non-employees are not permitted to live in this housing. If at any time, either you or the Company terminates your employment, you will lose your right to housing and you must vacate the housing within three (3) days of your termination. This seasonal
housing is being offered to you by your employer as an additional benefit of your employment with the company.
You are required to abide by the following rules:
1. Persons not employed by the company are not allowed to stay at the housing unit.
2. Keep your housing unit clean and free of garbage both inside and out. Place all garbage and household trash in the trash cans and trash dumpsters.
3. Do not allow visitors or their children to enter or play in the fields, barns, or on or around equipment.
4. Be considerate of your neighbors:
a. No loud or late night parties;
b. No live music or loud radios;
c. Do not drive vehicles faster than 5 mph;
d. Do not discard used vehicle fluids on the ground;
e. No fighting and no weapons.
5. Immediately notify your Housing Manager of any required repairs needed to your housing unit.
6. Know where your fire extinguisher is located. Keep it accessible at all times:
a. Do not discharge it unnecessarily;
b. Notify your manager anytime that it is used;
c. Extinguishers must be kept in the housing unit at all times.
7. Notify your Housing Manager immediately if smoke detector is not working. Never remove batteries for any other use.
8. No alterations to your housing unit are allowed without the approval of the Housing Manager.
9. No consumption of alcohol or illegal substances is allowed on your housing property.
10. Keep the housing unit clean and sanitary including the kitchen, toilets, and showers.
11. No possession of pornography in company housing, transportation, or job site allowed.
12. No engaging in, or solicitation of, prostitution.
Your housing unit may be inspected at least one time per week by a company inspector to help ensure that it is kept in a good sanitary condition. You are responsible for willful damages and damage caused and damage caused by gross negligence to your housing unit during the time that you live there. You are not responsible for
normal wear and tear. Repeated violations of the housing rules may result in the termination of your housing supplied by the company as well as the termination of your position.
1. Section/Item Number * B.6 2. Name of Section or Category of Material Term or Condition * Job Requirements - Safety Rules and Regulations
3. Details of Material Term or Condition (up to 3,500 characters) *
1. Observe all warning signs, safety bulletins, and posters.
2. Avoid all horseplay, and never annoy another worker while on the job.
3. Use protective clothing and equipment when needed.
4. Lift objects in a safe manner.
5. Do not leave equipment lying around.
6. When cutting crops, be careful not to cut your hand.
7. Do not walk in front of or in the back of moving vehicles. When working around moving equipment, always stand clear of the equipment when it is in motion. Always
wait until the equipment comes to a full stop.
8. Always use special care in wet weather.
9. When being transported, always take a seat, wear your seatbelt and remain seated while the vehicle is in motion.
10. Always store equipment in its proper storage place.
11. All workers are required to follow any safety instructions given by the foreman or supervisor.
12. Do not use the emergency exit doors on the bus except in the case of an actual emergency.
For Public Burden Statement, see the Instructions for Form ETA-790/790A.
Form ETA-790A Addendum C FOR DEPARTMENT OF LABOR USE ONLY Page C.7 of C.12
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A Addendum C
U.S. Department of Labor
H. Additional Material Terms and Conditions of the Job Offer
o. Job Offer Information 15
1. Section/Item Number * B.6 2. Name of Section or Category of Material Term or Condition * Job Requirements - Work Rules and Disciplinary Procedures
3. Details of Material Term or Condition (up to 3,500 characters) *
All Food Safety rules must be adhered to, including following company food safety policies. A copy of the applicable rules and policies will be provided to each worker on or before the first day of work, which includes a Dispute Resolution Agreement outlining procedures for the worker to follow when raising concerns and procedures for seeking prompt resolution including arbitration of unresolved
matters.
The Dispute Resolution Agreement shall not preclude the workers from filing claims with the America's Job Center of California offices (AJCCs) under the Employment Services Complaint System, and the workers will not face retaliation.
The Dispute Resolution Agreement will be provided to H-2A workers outside of the U.S. prior to or at the time the visas are issued, and U.S. workers no later on the first day of work. The employer may terminate the worker with notification to the State Workforce Agency(SWA) if the worker:
(a) refuses without justified cause to perform work where assigned, or for which the worker was recruited and hired, or refuses to follow written housing rules (attached herewith);
(b) commits serious acts of misconduct; or (c) malingers or otherwise refuses to work in accordance with the direction or is otherwise obviously unqualified to perform the job; (d) is physically able but does not demonstrate the willingness to perform the work necessary; (e) or other job-related reasons.
Three unexcused absences by the worker will be considered a job-related reason for worker termination.
1. Excessive absenteeism or tardiness.
a. If you know that you will be absent from work the following day, inform your foreman and give him the reason why you will not be reporting for work. Any reasonable absence will be considered an excused absence. An employee with three unexcused absences will be subject to discharge.
b. If you know that you will be late the following day, inform your foreman in advance. If you have trouble getting to work in the morning, call the Company office and ask them to inform your foreman. Being late for work on more than three days without giving prior notice or calling in to the supervisor will be considered grounds for dismissal.
2. Failure to demonstrate the physical ability to perform the work specified in the Job Order.
3 Unauthorized use of machinery or equipment.
4. Unsafe or careless use of machinery or equipment.
5. Willful or grossly negligent damage to machinery or equipment.
6. Being under the influence of alcohol or illegal drugs.
7. Gambling, horseplay, fighting or deliberately injuring another employee on the job.
8. Disregard of work safety rules or food safety rules.
9. Stealing company or employee property.
10. Possessing firearms or illegal weapons.
11. Leaving the worksite without informing the foreman.
12. Bringing unauthorized people into the work area.
13. Solicitation of money or merchandise at the worksite without the permission of management.
14. Taking product without the permission of foreman.
15. Willfully damaging Company or employee property. Workers will be charged for willful damage, gross negligence, or loss of such tools or equipment.
16. Providing false information on the employment application.
17. Sleeping on the job.
This list is not intended to be exhaustive but provides examples of misconduct for which discipline may be result.
For Public Burden Statement, see the Instructions for Form ETA-790/790A.
Form ETA-790A Addendum C FOR DEPARTMENT OF LABOR USE ONLY Page C.8 of C.12
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A Addendum C
U.S. Department of Labor
H. Additional Material Terms and Conditions of the Job Offer
q. Job Offer Information 17
1. Section/Item Number * F.1 2. Name of Section or Category of Material Term or Condition * Daily Transportation - Daily Transportation
3. Details of Material Term or Condition (up to 3,500 characters) *
Workers can choose to provide their transportation to and from the daily worksite each day.
It is offered at no cost to the workers occupying Company-provided housing at the work site and returns on a daily basis.
The employer also offer transportation at no cost to workers who commute to work on a daily basis and workers who elect not to
occupy company-provided housing from one or more pre-designated pickup points to and from the daily work site.
Free optional transportation will be provided to and from employer provided housing to the work sites. Such travel time is not compensated.
Workers living in company provided housing as well as commuting workers have the option to drive their own vehicles to the worksite.
The Employer maintains a fleet of registered and properly insured vehicles all of which are identified and authorized for use under a valid FLC
Certificate of Registration.
Workers will be picked up from the housing location approximately one-hour before the day's start time and transported back to the housing
location at the end of the workday.
1. Section/Item Number * B.6 2. Name of Section or Category of Material Term or Condition * Job Requirements - Work Quality
3. Details of Material Term or Condition (up to 3,500 characters) *
Worker must attend required orientation, which time will be compensated. All workers will be evaluated by their supervisor after seven
days of work with respect to appropriately handle crops and similar factors.
Workers whose job performance is sloppy, inconsistent, inefficient, or improper may be terminated for cause.
For Public Burden Statement, see the Instructions for Form ETA-790/790A.
Form ETA-790A Addendum C FOR DEPARTMENT OF LABOR USE ONLY Page C.9 of C.12
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A Addendum C
U.S. Department of Labor
H. Additional Material Terms and Conditions of the Job Offer
s. Job Offer Information 19
1. Section/Item Number * B.6 2. Name of Section or Category of Material Term or Condition * Job Requirements - Housing Terms
3. Details of Material Term or Condition (up to 3,500 characters) *
Employer guarantees to provide workers with housing, without charge to the workers, only to workers who are not reasonably able to return to their usual place of residence each day. Housing is offered to workers only.
Kitchen and eating facilities will be shared with other workers occupying the employer-provided housing facilities.
Bedding will be provided at no cost to workers occupying such housing and will be provided only to workers who are not reasonably able to return to their usual place of residence each day. Housing will be provided to
workers only. No housing will be provided to non-workers. Workers provided housing will be assigned to a specific housing unit by the employer and must occupy the specific housing unit assigned to them. Female workers
will be provided with sleeping facilities shared with other female workers and toilet facilities in accordance with regulations.
Food preparation, eating, and other common areas may be shared by both genders. No tenancy in employer-provided housing is created in this arrangement. The employer retains possession and control of the housing
premises at all times. Workers provided housing under the terms of this Clearance Order shall vacate the housing promptly upon termination of employment. Employer-provided housing will be clean and in compliance with
applicable housing standards when made for occupancy. Workers occupying employer provided housing will be responsible for maintaining the housing and their living areas in a neat, clean manner and for compliance with
the employer's "Housing Occupancy Rules", attached. Failure to comply with these rules will result in disciplinary action as described in the attached "Work Rules and Disciplinary Procedures". Reasonable repair costs of
damage other than that caused by normal wear and tear will be deducted from the earnings of workers found to have been responsible for willful or negligent damage to housing or furnishings.
Workers eligible for and offered employer-provided housing may choose not to occupy such housing by signing a form declining the offered housing. Workers eligible for employer-provided housing may elect to provide their
own housing at workers' expense. Such an election must be in writing. Workers eligible for employer-provided housing who elect to provide their own housing may withdraw such election at any time during the period of
employment, and upon doing so will be provided housing by the employer as set forth in the Clearance Order. A worker who elects to provide his or her own housing and subsequently withdraws such election may not again
elect to provide his/her own housing during the same employment period.
The Company assumes no responsibility whatsoever for housing arranged by workers on their own. The employer will not provide a housing allowance or assistance to workers eligible for employer provided housing who
elect to provide their own housing.
For Public Burden Statement, see the Instructions for Form ETA-790/790A.
Form ETA-790A Addendum C FOR DEPARTMENT OF LABOR USE ONLY Page C.10 of C.12
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A Addendum C
U.S. Department of Labor
H. Additional Material Terms and Conditions of the Job Offer
u. Job Offer Information 21
1. Section/Item Number * B.6 2. Name of Section or Category of Material Term or Condition * Job Requirements - Housing attestation
3. Details of Material Term or Condition (up to 3,500 characters) *
The employer attests to the following:
1. The accommodations are compliant with the applicable housing health and safety standards set forth by the aforementioned regulations;
2. The accommodations are sufficient to accommodate the number of workers requested, and are sufficient to accommodate the number of
workers requested;
3. The number of beds, rooms, and total occupancy that the employer will secure for the workers is as follows:
Beds: 1
Total Units: 1
Total Occupancy: 1
4. Applicable California standards for agricultural workers housed at public accommodations, all facilities housing five or more workers are
considered labor camps, and will be inspected.
For Public Burden Statement, see the Instructions for Form ETA-790/790A.
Form ETA-790A Addendum C FOR DEPARTMENT OF LABOR USE ONLY Page C.11 of C.12
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________
OMB Approval: 1205-0466
Expiration Date: 11/30/2025
H-2A Agricultural Clearance Order
Form ETA-790A Addendum C
U.S. Department of Labor
H. Additional Material Terms and Conditions of the Job Offer
w. Job Offer Information 23
1. Section/Item Number * A.8a 2. Name of Section or Category of Material Term or Condition * Job Duties - Additional Pay Information
3. Details of Material Term or Condition (up to 3,500 characters) *
Bonus: A discretionary bonus may apply.
Overtime and Benefits: The employer will abide by the applicable federal or applicable state laws when paying overtime and benefits
to employees performing the listed activities herein.
Three-Fourths Guarantee: The hourly rate for purposes of the 3/4 guarantee is $28.89/hour.
For Public Burden Statement, see the Instructions for Form ETA-790/790A.
Form ETA-790A Addendum C FOR DEPARTMENT OF LABOR USE ONLY Page C.12 of C.12
H-300-24228-268757
H-2A Case Number: ____________________ Full Certification
Case Status: __________________ 09/13/2024
Determination Date: _____________ Validity Period: _____________ to _____________