What documents are required for Payroll?

Payroll records

In order to comply with H-2A regulations, the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), and the Fair Labor Standards Act (FLSA), employers are required to maintain accurate and adequate earnings records with the following:

• Employee's full name and permanent address.

  • Foreign workers must have their foreign home address on file. Use the U.S. housing address on all other documentation.

• Employee's permanent telephone number and permanent email address, if available. 

• Social security number. 

• Sex, occupation and — if younger than 19 — birth date.

• Time and day of week when employee's workweek begins.

• Time the worker begins and ends each workday. 

• Hourly rate and/or piece rate of pay.

• The nature and amount of work performed (i.e. number of hours, number of pieces if piece rate).

  • If piece rates are used, the units produced daily. 

• Hours offered and hours actually worked each day (broken out by hours offered both in accordance with and over and above the three-fourths guarantee).  

  • This information is required on the workers’ pay stubs.  

  • Must include the reason if hours were offered but not worked.  

• An itemization of all deductions and/or additions to payroll.

• Start/end dates and total earning for the pay period.

• Employer’s name, address and FEIN. 

Although not required to be included on the paystub, for purposes of determining the three-fourths guarantee retain a summary that includes: 

• Number of contract hours guaranteed

• Total number of hours offered to date

• Remaining guaranteed hours, if any

Pay stubs

On or before each payday (which must be at least twice monthly), each worker must be given an hours and earnings statement showing:

1. The worker's total earnings for the pay period;

2. The worker's hourly rate and/or piece rate of pay;

3. The hours of employment offered to the worker;

4. The hours actually worked by the worker;

5. An itemization of all deductions made from the worker's wages;

6. If piece rates are used, the units produced daily;

7. Beginning and ending dates of the pay period; and

8. The employer's name, address and FEIN.

If you include the worker's home address on the pay stub, it must be the address at which they reside in the U.S. while employed.