Workers will engage in manual labor, workers will be responsible for collecting fallen pecans from the ground, ensuring a thorough and efficient harvest while maintaining quality standards. General: Some workers may need to perform general work in the following forms: Workers may have to carry and set up irrigation pipes, manual ditching, shop and farm yard cleaning Workers must be able to perform strenuous manual labor outdoors for extended periods in varying weather conditions, including heat, cold, humidity, wind, and rain, for the total hours offered in the work contract. Duties require physical strength and stamina to walk, bend, stoop, kneel, lift, carry, reach, and stand for prolonged periods. Workers must be able to perform repetitive hand and arm movements throughout the workday while maintaining a continuous workflow. The employer will provide, at no cost to the worker, all tools, supplies, equipment, and personal protective equipment required to perform the assigned duties. Consistent with applicable law, the employer may recover the reasonable cost of repairing or replacing tools or equipment damaged through a worker’s willful misconduct or gross negligence, provided any such deduction is authorized in writing by the worker after the damage occurs and does not reduce the AEWR or any applicable minimum wage requirement. At the employer’s sole discretion, workers may receive bonus compensation or pay above the offered wage rate based on factors such as tenure, attendance, or overall work quality, provided such payments apply consistently and do not modify the baseline terms and conditions of employment stated in this clearance order.
When production needs require, the employer may offer hours in excess of the daily or weekly schedule stated in the ETA-790, there is a possibility that available work hours will be in excess of 20% of the hours offered but they are not guaranteed. These additional hours are strictly voluntary and not guaranteed; no worker is required to work beyond the contracted hours, on federal holidays, or on their Sabbath, and no worker will be penalized for declining such work. Due to the nature of agriculture, workers should expect occasional periods of little or no work due to weather, crop maturity, or other conditions beyond the employer's control. These periods may occur at any time throughout the season. In the event of a worker-requested leave of absence during periods of available work, all missed hours will be deducted from the actual hours worked but will be credited as "hours offered" toward the fulfillment of the three-quarter guarantee. Workers are responsible for providing their own suitable work clothing.
The employer will provide a written copy of the work contract - consisting of the certified ETA Form 790/790A and any approved modifications, or a separate written agreement - at no cost to each worker in a language they understand, ensuring disclosure occurs no later than the time of visa application for those requiring a visa, the time of the job offer for those not requiring a visa or transferring from a subsequent H-2A employer, and no later than the first day of work for those in corresponding employment; furthermore, the employer and its agents are strictly prohibited from holding or confiscating a worker’s passport, visa, or other government-issued identification, and all documentation evidencing the provision of these contracts will be maintained in accordance with federal recordkeeping requirements.