Violations of the H-2A visa program account for most of the back wages owed and civil money penalties assessed in agriculture: Share of total back wages owed and civil money penalties assessed by the Wage and Hour Division against agricultural employers, by type of legal violation, fiscal years 2000–2022
| Fiscal Year | H-2A | MSPA | FLSA et al. |
|---|---|---|---|
| 2000 | 8% | 36% | 54% |
| 2001 | 24% | 37% | 36% |
| 2002 | 12% | 36% | 49% |
| 2003 | 19% | 24% | 55% |
| 2004 | 11% | 42% | 41% |
| 2005 | 27% | 29% | 42% |
| 2006 | 11% | 31% | 56% |
| 2007 | 11% | 29% | 58% |
| 2008 | 31% | 31% | 37% |
| 2009 | 27% | 42% | 30% |
| 2010 | 17% | 23% | 59% |
| 2011 | 33% | 27% | 37% |
| 2012 | 52% | 18% | 30% |
| 2013 | 70% | 10% | 20% |
| 2014 | 41% | 22% | 36% |
| 2015 | 59% | 16% | 25% |
| 2016 | 44% | 20% | 36% |
| 2017 | 49% | 20% | 30% |
| 2018 | 47% | 31% | 22% |
| 2019 | 42% | 34% | 23% |
| 2020 | 52% | 17% | 30% |
| 2021 | 73% | 10% | 17% |
| 2022 | 73% | 11% | 16% |
| TOTALS | 46% | 22% | 31% |
Note: Values represent the share of total back wages and civil money penalties assessed by the Wage and Hour Division (WHD) in the U.S. Department of Labor in a given fiscal year, according to the three broad categories of laws listed by WHD. "H-2A" represents violations of the laws and regulations governing the H-2A visa program; "MSPA" represents the Migrant and Seasonal Agricultural Worker Protection Act (commonly referred to as MSPA), which is the major federal law that protects U.S. farmworkers, and "FLSA et al." represents the Fair Labor Standards Act (FLSA), which WHD data group with all other wage and hour laws that WHD enforces. FLSA is the U.S.’ main worker protection law that requires minimum wages and overtime pay and regulates the employment of workers younger than 18.
Source: Authors’ analysis of U.S. Department of Labor, Wage and Hour Division, Agriculture data table (last accessed February 26, 2023).