Job Description
Field Worker Position(s). (100) Temporary, Full time positions for the period of February 7, 2024 through October 31, 2023. Approximately 35 hours per week, anticipated days and hours of work are Monday-Friday, 8:00am - 4:00pm. However, the employees may be required to work additional hours per week, including overtime, depending upon the conditions in the fields, weather, and maturity of the crop. Workers must remain flexible and be able and willing to work varying hours since planned work schedules may change and employees may begin their word days at earlier or later hours. Workers may be offered more hours than listed in this job order on any day of the week, including the Sabbath or Federal holidays. The employer will provide employees with a morning and afternoon shift break and a lunch break. Employees might experience a temporary reduction in work and/or temporary work stoppage due to inclement weather, such as rain, or the natural agricultural cycle. Employees must report for work when and where scheduled and be physically and mentally ready to work. Daily individual work assignments will be made by, and at the sole discretion of, the employer based upon the needs of the agricultural operation. Workers must perform the assigned work, and work at the assigned crew/field site, and may not switch assignments or crew/field sites without specific authorization from a company supervisor. Job Duties: Perform a variety of duties associated with seasonal farming and harvesting of fruits and vegetables in support of a diversified crop farming operation. The position frequently requires workers to manually plant, cultivate and harvest vegetables and fruits by hand and place them into buckets, bins or other similar containers; stack cartons and/or transfer products to grading and conveyor/harvesting belts; transplant, weed, thin and/or prune crops; participate in irrigation activities; operate tractors, forklifts, all-terrain vehicles, and other farm machinery; prepare cartons and pallets for field harvesting; construct or perform maintenance work on farm structures and machinery. Qualifying candidates may also drive farm vans to assist the company transport H-2A and U.S. corresponding employees between the fields and housing. Workers may also be assigned additional duties that relate to fieldwork, such as cutting, picking, hoeing, shoveling, ground preparation, handle, clean and wash crops, load and store and engage in other agricultural duties that are performed on a farm, meet the definition of IRS and FLSA agricultural labor and/or are incidental to the work performed. Employer will provide tools and equipment necessary to perform all required tasks at no cost to employees. Work is performed outdoors and can involve exposure to extreme hot and cold temperatures, bright sunlight, cloudy, windy or rainy conditions, mud and dust, low light, and exposure to plant pollens, insects, snakes, rodents, noxious plants and/or plant materials that have been treated with insect and/or disease control spray. Workers must walk in variable soil conditions. Workers should come prepared with appropriate clothing and footwear for the working conditions described. Workers must use all required personal protective clothing and equipment. Workers must adhere to all health and safety rules and observing all warning signs, safety bulletins, safety training, and other safety directives required by the employer or state law. Requirements: Qualified applicants must possess at least three (3) months of recent agricultural crop harvesting experience. All qualified applicants must have the authorization to work in the United States, be willing to perform the agricultural duties as described in this job order and be able to meet the physical demands of the position and the employer's work schedule with or without reasonable accommodation. Rate of Pay: $18.74 per hour of work and $28.11 per hour when employees qualify for overtime pay under Hawaii law. Should the AEWR wage change during the season by Federal Register notice, the employer will pay the new wage rate as of the effective date of said Federal Register notice, whether the rate increases or decreases. Provision of Housing: Employer agrees to provide or secure housing for the H-2A workers and those workers in corresponding employment who are not reasonably able to return to their residence at the end of the work day. That housing complies with the applicable local, State, and/or Federal standards and is sufficient to house the specified number of workers requested through the clearance system. The employer will provide the housing without charge to the worker. Any charges for rental housing will be paid directly by the employer to the owner or operator of the housing. If public accommodations or public housing are provided to workers, the employer agrees to pay allhousing-related charges directly to the housing's management. The employer agrees that charges in the form of deposits for bedding or other similar incidentals related to housing (e.g., utilities) must not be levied upon workers. However, the employer may require workers to reimburse them for damage caused to housing by the individual worker(s) found to have been responsible for damage which is not the result of normalwear and tear related to habitation. When it is the prevailing practice in the area of intended employment and the occupation to provide family housing, the employer agrees to provide family housing at no cost to workers with families who request it. Workers’ Compensation Coverage: Employer agrees to provide workers' compensation insurance coverage in compliance with State law covering injury and disease arising out of and in the course of the worker's employment. If the type of employment for which the certification is sought is not covered by or is exempt from the State's workers' compensation law, the employer agrees to provide, at no cost to the worker, insurance covering injury and disease arising out of and in the course of the worker's employment that will provide benefits at least equal to those provided under the State workers' compensation law for other comparable employment. Employer-Provided Tools and Equipment: Employer agrees to provide to the worker, without charge or deposit charge, all tools, supplies, and equipment required to perform the duties assigned. Meals: Employer will furnish a centralized kitchen and cooking facilities for employees to prepare their own meals. The cooking facilities are separate from the sleeping accommodations. The kitchen and dining facilities may be shared with other employees who are occupying the employer provided housing. Employees will be responsible for the selection of their food and the preparation of their meals. The employer will provide transportation at no cost to grocery stores, food chains and specialty stores at least once per week. Employees will also be able to purchase groceries at nearby stores by using public transportation (adjacent to housing), which is available 7 days per week. Employees will also have access to local nearby establishments to dine out when desired. All groceries and food costs are paid for by the employees. Transportation and Daily Subsistence: During the season, the employer will provide transportation between the housing and worksites at no cost to H-2A and U.S. corresponding workers who are eligible for employer-provided housing. U.S. corresponding workers who are not eligible for housing are responsible for arranging for their own transportation to and from the worksites. The employer will be responsible for the transportation/daily subsistence expenses that are incurred by any employee who must travel to the area of intended employment from outside the normal commuting distance if the employee completes 50% of the contract. If the worker completes the work contract or is terminated without cause, and the worker has no subsequent H-2A employment, the employer agrees to provide for the worker's transportation and daily subsistence back to the place of recruitment. The employer is responsible for costs associated with the inbound and outbound transportation and subsistence expenses for workers who live outside the normal commuting distances that are applicable to the area of intended employment. The amount of transportation payments will equal the most economical and reasonable common carrier charges for the distances involved. The employer is not responsible for unauthorized detours or unnecessary costs. The employer will pay the reasonable costs for lodging when necessary during travel to the area of intended employment from the place of recruitment for employees who live outside the commuting distance to the area of intended employment. The employer will be responsible for I-94 and H-2A visa-related costs when applicable to H-2A non-immigrant employees. For purposes of transportation and subsistence (meal) expenses, employees are encouraged to keep their receipts for food and travel costs during their travel from the place of recruitment to the area of intended employment. All necessary bus, taxi, transportation and lodging expenses will be paid for or reimbursed at full cost. For travel subsistence, if the employee is unable to provide receipts, the employer will reimburse employees at a minimum rate of $15.46 per day of travel from the place of recruitment to the area of intended employment. If the employee provides receipts, the employer will reimburse travel meals based upon the actual cost incurred up to a maximum of $59.00 per day of travel. Should the Department of Labor increase the subsistence per diem rates during the season, the employer will abide by the new rate as directed by notice in the Federal Register. The employer will also provide the reasonable costs of return transportation and related subsistence to employees who complete the H-2A contract. The employer will not be responsible for outbound transportation and meal subsistence if an employee abandons the employment or is terminated for cause before the work contract ends. Abandonment occurs if the worker fails to report to work at the regularly scheduled time for 5 consecutive working days without the consent of the employer. In the event of termination for medical reasons occurring after the arrival on the job, or occurring as a result of employment, or in the event of termination resulting from an Act of God, the employer will pay or provide reasonable costs of return transportation and subsistence to the place of recruitment. Three-Fourths Guarantee: Employer agrees to offer the worker employment for a total number of work hours equal to at least three-fourths of the workdays of the total period beginning with the first workday after the arrival of the worker at the place of employment or theadvertised contractual first date of need, whichever is later, and ending on the expiration date specified in the work contract or in its extensions, if any. The employer may offer the worker more than the specified hours of work on a single workday. For purposes of meeting the three-fourths guarantee, the worker will not be required to work for more than the number of hours specified in the job order for a workday, or on the worker's Sabbath or Federal holidays. If, during the total work contract period, the employer affords the U.S. or H-2A worker less employment than that required under this guarantee, the employer will pay such worker the amount the worker would have earned had the worker, in fact, worked for the guaranteed number of days. An employer will not be considered to have met the work guarantee if the employer has merely offered work on three-fourths of the workdays if each workday did not consist of a full number of hours of work time as specified in the job order. All hours of work actually performed may be counted by the employer in calculating whether the period of guaranteed employment has been met. Any hours the worker fails to work, up to a maximum of the number of hours specified in the job order for a workday, when the worker has been offered an opportunity to work, and all hours of work actually performed (including voluntary work over 8 hours in a workday or on the worker's Sabbath or Federal holidays), may be counted by the employer in calculating whether the period of guaranteed employment has been met. If the worker is paid on a piece rate basis, the employer agrees to use the worker's average hourly piece rate earnings or the required hourly wage rate, whichever is higher, to calculate the amount due under the three-fourths guarantee. If the worker voluntarily abandons employment before the end of the period of employment set forth in the job order, or is terminated for cause, and the employer follows the notification requirements in 20 CFR 655.122(n), the worker is not entitled to the three-fourths guarantee. The employer is not liable for payment of the three-fourths guarantee to an H-2A worker whom the Department of Labor certifies is displaced due to the employer's requirement to hire qualified and available U.S. workers during the recruitment period set out in 20 CFR 655.135(d), which lasts until 50 percent of the period of the work contract has elapsed (50 percent rule). Important Note : In circumstances where the work contract is terminated due to contract impossibility under 20 CFR 655.122(o), the three-fourths guarantee period ends on the date of termination.Earnings Records: Employer agrees to keep accurate and adequate records with respect to the workers' earnings at the place or places of employment, or at one or more established central recordkeeping offices where such records are customarily maintained. The records must include each worker’s permanent address, and, when available, permanent email address, and phone number(s). All records must be available for inspection and transcription by the Department of Labor or a duly authorized and designated representative, and by the worker and representatives designated by the worker as evidenced by appropriate documentation. Where the records are maintained at a central recordkeeping office, other than in the place or places of employment, such records must be made available for inspection and copying within 72 hours following notice from the Department of Labor, or a duly authorized and designated representative, and by the worker and designated representatives. The content of earnings records must meet all regulatory requirements and be retained by the employer for a period of not less than 3 years after the date of certification by the Department of Labor. Hours and Earnings Statements: Employer agrees to furnish to the worker on or before each payday in one or more written statements the following information: (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 (showing offers in accordance with the three-fourths guarantee as determined in 20 CFR655.122(i), separate from any hours offered over and above the guarantee); (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. 20 CFR 655.122(k). For workers engaged in the herding or production of livestock on the range, the employer is exempt from recording and furnishing the hours actually worked each day, the time the worker begins and ends each workday, as well as the nature and amount of work performed, but otherwise must comply with the earnings records and hours and earnings statement requirements set out in 20 CFR 655.122(j) and (k). The employer agrees to keep daily records indicating whether the site of the employee's work was on the range or off the range. If the employer prorates a worker's wage because of the worker's voluntary absence for personal reasons, it must also keep a record of the reason for the worker's absence. Substance Abuse Policy: All employees must comply with the employer's Substance Abuse Policy as a condition of employment. The employer strictly prohibits the illegal and/or unauthorized use, possession, manufacture or sale of drugs and alcohol during working hours, while on duty, at the employer's premises or housing location, in company vehicles and/or at any location where employees perform their work at any time. Employees must not report for work, enter the worksite, or perform service while under the influence of or having used alcohol or any illegal controlled substance. Employees must follow all other rules concerning the employer's Substance Abuse Policy, as stated in the Employee Handbook. All employees are subject to random, periodic, and reasonable suspicion drug and alcohol testing. The employer will cover the costs of all drug testing. Frequency of Pay: The employer will pay workers semi-monthly (twice-a-month). Abandonment of Employment or Termination 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 5consecutive work days without the consent of the employer. 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 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. 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. 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. Disclosure of Work Contract: Employer agrees to provide a copy of the work contract to an H-2A worker no later than the time atwhich the worker applies for the visa, or to a worker in corresponding employment no later than on the day work commences. For an H-2Aworker 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 contractwill be provided to each worker in a language understood by the worker, as necessary or reasonable. In the absence of a separate, writtenwork 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). To Apply for the Position: Interested applicants should thoroughly familiarize themselves with the terms and conditions of employment in this H-2A job order before applying for employment. Only job applicants meeting all the qualifications for employment, who are able to meet the physical demands of the position and the employer's work schedule, and who are willing to perform the agricultural job duties, with or without reasonable accommodation, should contact the employer or be referred by the Hawaii Department of Labor and Industrial Relations and/or another State Workforce Agency. All applicants must agree to follow the employer's hiring procedures to be eligible for employment, which includes completion of an employment application, an interview, and verification of job references. Interested applicants and/or an SWA representative should contact Ms. Arlene Malasig from 9:00 AM to 5:00 PM, Monday through Friday at (808) 688-1426 to begin the employment application process. Applicants may also visit the main office at 94-877 Kunia Road, Kunia, HI 96759 from Monday through Friday, 9:00 AM to 5:00 PM to apply for employment. All employees hired will be required to present document (s) to evidence their identity and authorization to work in the United States and must be screened through E-Verify after an offer of employment is extended. All applicants who are offered employment will be subject to the employer's post-hire drug testing procedures, which are not a part of the interview process. The cost of drug testing shall be paid by the employer.
