What happened?

The Employment and Training Administration (ETA) has updated the costs H-2A employers can charge for meals and travel-related expenses. It also reminds employers of their duty to cover specific commuting costs for H-2A and H-2B workers.

What are the details? 

The Employment and Training Administration (ETA) published an annual update to allow charges for temporary workers’ meals and travel subsistence reimbursement, which includes lodging.

Meals charge to workers

• If the employer is going to provide the meals to the workers, the job offer must state the charge (if any) to the worker for such meals.
• The employer either must offer and state that it will provide each worker with three (3) meals a day or must state that it will furnish free and convenient cooking and kitchen facilities to the workers that will enable the workers to prepare their own meals.
• The maximum meal charge is $ 15.88 per day

Daily Subsistence for Traveling Workers

• Employers must indicate in their job offers to U.S. and H-2A workers the daily subsistence costs for travel to and from work.
• If a worker completes half or more of the contract, employers must cover or reimburse travel costs.
• If the contract is completed or the worker is terminated without cause and has no immediate H-2A job, employers must cover return travel costs.
• H-2B employers must cover or reimburse travel and daily subsistence costs if a worker completes half of the job order, and return costs if the job order is completed or the worker is dismissed early.
• Employers must also cover or reimburse the reasonable costs for necessary lodging. If not provided by the employer, the amount an employer must pay for transportation and, where necessary, lodging must be no less than (and is not required to be more than) the most economical and reasonable costs.
• The minimum amount for sustenance while traveling is $15.88 per day and the maximum is $59.00 per day. 

Business Considerations 

• Update your policies and procedures to comply with the new updated values.
• Remember to ask for documentation of the actual expenses.

Resources

• DOL: ALLOWABLE MEAL CHARGES AND REIMBURSEMENTS FOR DAILY SUBSISTENCE
• M&IE breakdowns

Source References

• ETA Updates Allowable Charges and Reimbursements for H-2A and H-2B Workers (Fredrikson & Byron P.A.)

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