WEEK #8

Posters and Terms & Conditions of Employment 

2024 Poster Requirements 

If your operation has at least ONE hired worker who is not immediate family labor (including those enrolled in vocational or apprenticeship program) the following posters must be visible to all workers:

All in One Labor Standards Poster: This poster contains federally required posters in accordance with the Migrant Seasonal Protection Act, Fair Labor Standards Act, and OSHA in one large poster. Check to make sure your copy is the current version and has a red banner across the top. 

USDOL updated the Employee Rights Under Fair Labor Standards Act (FLSA) in 2024 to include the "Pump at Work Act". While this is not required for 2024 GAPC Certification, it is best practice to print and staple updated FLSA poster to the All in One Labor Poster. English and Spanish can be printed from the GAP Connections website. 

Worker Rights and Responsibilities Poster: Grower must have a WRR poster posted where workers can access and read it on or near the job site.

Worker Concern Helpline  Poster: Grower must have either the WCH poster or other approved third party worker concern phone number posted in the workers native language and where workers can access and read it on or near the job site. The only other approved third-party worker concern phone number is North Carolina Grower Associations (NCGA) grievance mechanism phone number. If a grower indicated on their certification application that they will be using NCGA's phone number and process it must be posted on the farm. 

If your farm has ONLY immediate family labor, posters are not required. 

Posters are available to purchase on the GAPC Store. 

Worker Concern Process 

Every grower that hires labor (excludes immediate family farm labor) must implement a worker concern process. This is a documented program that is discussed AND given to or posted for all workers. The policy must be written in a language common to the workers and include the following: 

• The grower is committed to providing a safe working environment for all workers and satisfy all legal rights of workers while they are on their farm.
• A method is available for workers to notify the grower, orally and in writing, of any concern related to the terms or conditions of work.
• The grower will investigate concerns brought forth by workers and provide notice to the workers, if known, of how the concern will be or was addressed. At the request of the workers, an informal meeting between the grower and workers will be held to address the concern.
• If a worker raises a concern with the grower and is not satisfied with the resolution or handling of the issue, they are encouraged to call the WCH or to an alternative approved third-party helpline to voice and address the concern.
• The grower nor any of his/her employees or agents will retaliate against workers for using the worker concern process.

Make it easy by using the GAPC WCH posters and template documentation provided in the record packet. Get your workers together to read the points on the Worker Concern Documentation, show them and discuss the WRR and WCH posters and have them sign their names in the spaces provided.

If you use North Carolina Growers Association (NCGA) to source H-2A workers for your farm and you indicated on your Certification Application that you will use NCGA grievance mechanism, to fulfill the requirement of a documented worker concern process you must provide the following: 

• Documentation that describes the procedures and policies used.
• Documentation signed by the workers that describes the procedures and policies used as well as how the helpline is shared with the workers (Acknowledge of Receipt document provided by NCGA).
• Visual evidence of the phone number being displayed in a location visible to all workers (i.e. poster, sign, wallet card, etc.).
• You do not have to post the GAPC Worker Concern Helpline poster if using the NCGA grievance mechanism.

Terms and Conditions of Employment

If you hire more than 500 man-days of hired labor in any of the calendar quarters of the current year, you are required at time of hire to provide written terms and conditions of employment. 

The terms and conditions of employment must be provided in writing in the worker's preferred language and describes, at minimum, the following: 

• Place of employment (name and address of employer)
• Wage rates (including piece rates)
• Crops and kinds of activities for which worker will be employed
• Period of employment
• Transportation, housing, and other benefits to be provided, and costs charged for these benefits, if any 
• Whether state workers’ compensation or state unemployment insurance is provided

Ensure that workers are paid either daily, weekly, or bi-weekly and according to their employment terms and conditions.

View U.S. Department of Labor Wage and Hour Division Terms and Conditions of Employment template here. 

www.gapconnections.com | 865.622.4606 | info@gapconnections.com

2450 E.J. Chapman Drive Knoxville, TN 37996

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