OCEG | Open Compliance and Ethics Group

The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.

20 CFR Part 655, Subparts A, B, and C sets out the procedures adopted by the Secretary to secure information sufficient to make factual determinations of: (i) Whether U.S. workers are available to perform temporary employment in the United States, for which an employer desires to employ nonimmigrant foreign workers, and (ii) whether the employment of aliens for such temporary work will adversely affect the wages or working conditions of similarly employed U.S. workers.

American Management Association (AMA) - Employers increasingly are using policy and technology to manage productivity and protect resources. The 2005 Electronic Monitoring & Surveillance Survey was co-sponsored by the American Management Association and The ePolicy Institute. A total of 526 companies participated: 23% represent companies employing 100 or fewer workers, 101–500 employees (25%), 501–1,000 (10%), 1,001–2,500 (13%), 2,501–5,000 (7%) and 5,001 or more (22%).

The definition in section 3(r) [The Act] specifically provides that the “enterprise” shall not include “the related activities performed for such enterprise by an independent contractor.” This exclusion will apply where the related activities are performed “for” the enterprise and if such activities are performed by “an independent contractor.” This provision is discussed generally in part 776