Labor & H-2A · 7 min read
Farm Labor Recordkeeping Requirements
The exact records federal law requires you to keep for farm workers, how long, and how audits actually look at them.
FLSA, MSPA, and H-2A each impose recordkeeping duties. In an audit, the burden is on you to produce records — missing records are treated as violations, not neutral gaps.
FLSA (all workers)
- Full name and address, SSN.
- Birth date if under 19.
- Day/time workweek starts.
- Hours worked each day and each workweek.
- Basis of pay (hourly, piece rate).
- Regular hourly rate and total straight-time earnings.
- Additions to and deductions from wages.
- Total wages per pay period and pay date.
- Retain: 3 years for payroll, 2 years for time cards.
MSPA (migrant + seasonal ag workers)
- Written disclosure of wages, hours, tools, housing, transport at recruitment (WH-516 in English + worker language).
- Itemized wage statement each pay period.
- Retain records for 3 years.
H-2A (foreign workers)
- Approved job order (ETA-790) and application (ETA-9142A).
- Signed employment contract in worker's language.
- Daily hours worked and daily piece-rate output.
- Meal deductions (if any) and receipts.
- Transportation and subsistence reimbursement documentation.
- Housing inspection certificate.
- Retain records for 3 years from contract end.
How audits actually run
DOL Wage & Hour investigators typically pull 12 months of payroll, cross-check against time cards, and interview 5–15 workers off-site. Missing time cards or math errors between piece-rate output and hourly pay are the top back-wage findings.
Run this in BAU, not a spreadsheet
The planner, calculator, and buyer marketplace are included on every plan.