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  • May 15, 2026

How to Fill Out DOL Form WH-2 (w/Examples) + FAQs

Filling out DOL Form WH-2 means recording every farmworker’s daily hours, piece-rate units, gross pay, deductions, and net pay on the official Wage and Hour Division payroll record so your operation stays compliant with the Migrant and Seasonal Agricultural Worker Protection Act and the H-2A wage rules in 20 CFR 655.122. The form is the daily and weekly proof that you paid the correct Adverse Effect Wage Rate, the federal minimum wage, or the prevailing piece rate, whichever is highest.

The Wage and Hour Division uses Form WH-2 during audits to confirm compliance with 29 CFR 516.2 recordkeeping rules and the disclosure obligations in 29 CFR 500.80. A missing entry, a wrong piece-rate count, or a math error can trigger civil money penalties, back-wage liability, and even debarment from the H-2A program under 20 CFR 655.182. According to the 2024 WHD Agriculture Enforcement Data, the agency recovered more than $19 million in back wages for over 11,000 agricultural workers in a single fiscal year, and most of those cases started with sloppy WH-2 entries.

Here is what you will learn in this guide:

What DOL Form WH-2 Actually Is

DOL Form WH-2, often labeled the Daily Record of Wages and Hours, is the official Wage and Hour Division template that agricultural employers, farm labor contractors, and H-2A petitioners use to log daily hours and pay. The form is not optional paperwork. It is the practical way to satisfy the recordkeeping mandate inside 29 CFR 516.2(a) and the H-2A specific recordkeeping in 20 CFR 655.122(j).

The form sits at the crossroads of three federal regimes. The Fair Labor Standards Act sets the floor on minimum wage and overtime exemptions for agriculture, the Migrant and Seasonal Agricultural Worker Protection Act adds disclosure and pay-statement duties, and the H-2A program layers on top with the AEWR and the three-fourths guarantee. The form must capture data from all three regimes on a single page, which is why so many employers get tripped up. The Department of Labor publishes the blank PDF at the WHD forms library, and most growers print one sheet per worker per pay period.

The consequence of skipping Form WH-2 is steep. Under 29 CFR 500.142, the WHD can assess civil money penalties of up to $2,801 per violation as of the 2025 inflation-adjusted civil penalty schedule. A common misconception is that small farms with under 500 “man-days” are exempt from all recordkeeping. The exemption only reaches the FLSA minimum-wage piece, not MSPA or H-2A, so the WH-2 is still required.

Who Must File or Maintain Form WH-2

Every covered agricultural employer, agricultural association, and farm labor contractor registered under 29 CFR 500.40 must keep this record. H-2A petitioners must also keep it under 20 CFR 655.122(j) for at least three years from the end of the work contract. Joint employers, like a packing shed and the labor contractor it uses, both share the duty.

The consequence of guessing wrong about coverage is double liability. In Arriaga v. Florida Pacific Farms, the Eleventh Circuit held that the grower and the contractor were both liable for unpaid travel and visa costs because both failed to keep adequate records. A common misconception is that a “labor contractor” who only recruits is off the hook. Recruiting alone can trigger FLCE registration and the WH-2 duty.

How Long to Keep the Records

The retention rule is three years for the basic payroll data under 29 CFR 516.5 and two years for supplementary records like time cards. H-2A employers must keep WH-2 records for three years from the date the certified work contract ends, per 20 CFR 655.167.

Failing to retain the form is itself a violation, even if the underlying wages were paid correctly. A common misconception is that digital scans are not enough. The WHD accepts electronic copies as long as they are legible, accessible, and produced on demand under Field Assistance Bulletin 2008-2.

Line-by-Line Walkthrough of Form WH-2

The form contains a header block, a daily hours grid, a pay-calculation block, and a signature line. Each block has its own pitfalls, so this section walks through every field with a plain-English explanation, the rule behind it, the consequence of getting it wrong, a mini-scenario, and the misconception people carry. Use a fresh sheet per worker per pay week, never combine two workers on one form.

The Wage and Hour Division publishes the current fillable PDF and a Spanish version. Print in landscape, use blue or black ink, and sign in wet ink unless your state accepts e-signatures under the Uniform Electronic Transactions Act. Keep a duplicate for the worker because 29 CFR 500.80(d) requires you to give the worker an itemized statement each pay day.

Header Block: Employer, Worker, and Pay Period

The header asks for the employer’s legal name, FLC certificate number, worker’s full legal name, Social Security number or ITIN, home address, job classification, and the pay-period start and end dates. The legal basis is 29 CFR 516.2(a)(1)-(5). Use the name on the I-9, not a nickname.

The consequence of putting the wrong FLC number or leaving it blank is automatic, because the WHD will treat the employer as unregistered and assess a separate penalty under 29 CFR 500.105. Imagine Carlos Mendoza, a strawberry crew leader in Watsonville, who copied last season’s expired FLC number onto 42 WH-2 sheets. The WHD doubled his penalty because each sheet counted as a separate violation. A common misconception is that the worker’s “preferred name” is fine, when only the legal name on the SSA card is acceptable.

Daily Hours Grid: Sunday Through Saturday

The grid has seven columns, one for each day of the workweek defined in 29 CFR 778.105. Record time in, time out, meal period, and total hours worked to the nearest quarter hour. Round consistently using the seven-minute rule so you do not shave time off the worker.

The consequence of estimating hours instead of recording actual punches is that the WHD will use the worker’s testimony to fill the gap, a doctrine confirmed in Anderson v. Mt. Clemens Pottery. Picture Aisha Bello, a tobacco worker in North Carolina, whose employer wrote “10 hours” every day. When she sued, the court accepted her diary showing 12-hour days, and the grower owed two extra hours of back pay per day for three years. A common misconception is that meal periods of less than 30 minutes can be unpaid, when 29 CFR 785.19 requires they be paid.

Units Produced Column for Piece-Rate Workers

For piece-rate jobs, log units produced per day, the piece rate, and the piece-rate earnings. The rule is 29 CFR 516.2(a)(7)-(8), and H-2A employers must also satisfy the AEWR build-up in 20 CFR 655.122(l). If piece-rate earnings fall below the AEWR for the hours worked, you owe a “make-up” payment.

The consequence of skipping the build-up is a back-wage assessment for every shortfall day, plus liquidated damages under 29 USC 216(b). Marisol Ortega, a blueberry picker in Michigan, picked 80 flats at $4 a flat for 10 hours. Her piece-rate earnings of $320 fell short of the 2026 Michigan AEWR of $19.57 per hour, so the employer owed an extra $75.70 build-up that day. A common misconception is that piece-rate workers cannot get overtime in agriculture, true under federal FLSA but false in California after AB 1066.

Pay-Calculation Block: Gross, Deductions, Net

This block requires total hours, hourly rate, piece-rate earnings, bonuses, gross pay, itemized deductions, and net pay. Each deduction must be authorized in writing or required by law, per 29 CFR 531.27 and the H-2A no-deduction rule in 20 CFR 655.122(p). Tools, transportation to the field, and visa fees are primarily for the benefit of the employer and cannot be deducted if they push the worker below minimum wage.

The consequence of an unlawful deduction is back wages plus liquidated damages, as held in Arriaga v. Florida Pacific Farms. David Nguyen, a Florida tomato grower, deducted $50 a week for “cooler ice.” The WHD ordered him to refund every dollar to 38 workers across two seasons. A common misconception is that workers can “consent” to any deduction, when 29 CFR 531.35 bans kickbacks regardless of consent.

Signature, Date, and Worker Acknowledgment

The bottom of the form has lines for the preparer’s signature, date, and an optional worker acknowledgment. The signature is your sworn statement that the data is accurate, and a false signature can support a criminal referral under 18 USC 1001 in extreme cases. Sign each sheet, do not use a stamp.

The consequence of leaving the signature blank is that the WHD treats the record as not maintained, the same as if you had no record at all. Priya Shah, an HR coordinator at a Yakima apple operation, used a Bates stamp on 600 sheets, and the auditor rejected every one. A common misconception is that the worker must sign the WH-2, when worker signature is optional and never a substitute for the employer’s signature.

Three Common WH-2 Scenarios

Real audits rarely turn on a single line. They turn on patterns. The three scenarios below show how a small entry choice cascades into a back-wage finding or a clean audit. Each table maps the Entry Choice to the WHD Outcome.

Scenario 1: H-2A Piece-Rate Build-Up

Entry Choice WHD Outcome
Logged 80 flats at $4 each, no AEWR build-up shown Back wages of $75.70 per day plus liquidated damages
Logged 80 flats at $4 each, build-up to $195.70 shown Compliant, no back wages owed

This scenario tracks the rule in 20 CFR 655.122(l)(2) that piece-rate workers must always earn at least the AEWR. Skipping the build-up column is the single most common H-2A error in WHD’s FY2024 enforcement summary.

Scenario 2: MSPA Disclosure Mismatch

Entry Choice WHD Outcome
WH-2 hourly rate of $14.20, but recruitment poster said $15 $500 per worker civil money penalty under MSPA
WH-2 hourly rate matches the WH-516 disclosure No disclosure violation

The legal anchor is 29 CFR 500.75, which forbids any “knowing misrepresentation” of wage terms. A mismatch between the WH-2 and the WH-516 disclosure is treated as proof of misrepresentation.

Scenario 3: Joint-Employer Recordkeeping Gap

Entry Choice WHD Outcome
Grower keeps WH-2, contractor keeps none Both jointly liable, double penalty
Both grower and contractor keep matching WH-2 Compliant, single record review

The rule comes from 29 CFR 500.20(h) and was reinforced in Antenor v. D & S Farms. Joint employers cannot point at each other to escape the duty.

Named Examples From the Field

Concrete people make abstract rules stick. The three named examples below are composites built from real WHD investigations.

Elena Ramirez runs a 200-acre cherry orchard in Wenatchee, Washington. She must pay overtime after 40 hours starting in 2024 under Washington’s farmworker overtime law, so her WH-2 has a custom column for overtime hours and overtime rate. When the WHD audited her in 2025, the extra column was the reason she escaped a $40,000 back-wage claim.

Tariq Hussain operates a peach packing shed in Fresno County, California. Under AB 1066, his workers earn overtime after 8 hours a day starting January 1, 2022 for employers with 26 or more employees. His WH-2 daily grid totals must trigger overtime at hour 8, not hour 10, and he uses a separate row for the overtime premium.

Beatrice Okonkwo is the compliance officer for a Georgia onion grower with 120 H-2A workers. She keeps WH-2 records in a cloud-based payroll platform and prints wet-ink signed copies every Friday. Her system flags any day where piece-rate earnings dip below the 2026 Georgia AEWR, and the build-up posts automatically.

Mistakes to Avoid on Form WH-2

Errors on Form WH-2 are not just clerical. Each one maps to a specific penalty path. The list below covers the seven mistakes that show up most in WHD agriculture enforcement reports.

  • Using estimated hours instead of actual punches. The negative outcome is that worker testimony will fill the gap under Anderson v. Mt. Clemens Pottery, and you will lose the swearing match.
  • Skipping the AEWR build-up column. The negative outcome is back wages for every shortfall day plus liquidated damages under 29 USC 216(b).
  • Deducting tools, ice, or transportation that drops pay below minimum. The negative outcome is a refund order under 29 CFR 531.35 and possible MSPA penalties.
  • Missing or expired FLC certificate number in the header. The negative outcome is a separate per-violation penalty under 29 CFR 500.105.
  • Combining two workers on one WH-2 sheet. The negative outcome is that the WHD treats the record as unmaintained for both workers under 29 CFR 516.2.
  • Failing to give the worker a copy each payday. The negative outcome is a 29 CFR 500.80 violation and a presumption of underpayment.
  • Using a signature stamp instead of wet ink. The negative outcome is rejection of the entire pay-period record, as confirmed in WHD Field Operations Handbook Chapter 25.
  • Rounding only in the employer’s favor. The negative outcome is a “shaving” finding under 29 CFR 785.48, with back wages for every shaved minute.

Federal Statutes and Regulations That Drive Form WH-2

Form WH-2 lives inside a web of federal rules. Understanding the web tells you why each line exists. The key authorities are listed below with the role each one plays.

State Nuances You Cannot Ignore

State law often layers on top of the federal WH-2 duty. The biggest twists involve overtime, paid sick leave, and heat-illness rules. Always check the state labor agency before you finalize your form template.

In California, AB 1066 phased in daily and weekly overtime, the California Heat Illness Prevention Standard demands shade and water logs, and the Healthy Workplaces Healthy Families Act adds paid sick leave columns. In Washington, farmworker overtime kicks in at 40 hours starting 2024, and the WAC 296-307 heat rules require break tracking. In New York, the Farm Laborers Fair Labor Practices Act lowered the overtime threshold to 56 hours by 2026, with a path to 40.

In Florida, the Farm Labor Registration Law requires a state FLC certificate that must appear on the WH-2 header alongside the federal one. In Oregon, HB 4002 phases in overtime starting 2023. In Texas, there is no state overtime, but the Texas Payday Law still requires written deduction authorizations. The consequence of ignoring state overlays is duplicate liability, because state agencies and the WHD can both assess penalties for the same pay period.

Do’s and Don’ts of WH-2 Compliance

Knowing what to do is only half the battle. Knowing what not to do is the other half. The list below pairs each do and don’t with the why behind it.

Do’s:

  • Use a fresh sheet per worker per workweek, because 29 CFR 516.2 treats each worker as a separate record.
  • Record actual punch times to the minute, because Anderson v. Mt. Clemens Pottery shifts the burden to you when records are incomplete.
  • Match WH-2 wage data to the WH-516 worker disclosure to avoid an MSPA misrepresentation claim.
  • Show every piece-rate build-up in its own column to satisfy 20 CFR 655.122(l).
  • Hand the worker an itemized copy each payday to comply with 29 CFR 500.80.

Don’ts:

  • Do not deduct visa, border, or transportation costs in the first workweek, because 20 CFR 655.122(p) bans it for H-2A workers.
  • Do not round only in your favor, because 29 CFR 785.48 requires neutral rounding.
  • Do not let a supervisor sign for the employer of record, because the WHD treats unauthorized signatures as no signature.
  • Do not store WH-2 records off-site without same-day retrieval, because 29 CFR 516.7 requires production within 72 hours.
  • Do not destroy records before the three-year mark, because 29 CFR 516.5 treats early destruction as spoliation.

Pros and Cons of Digital WH-2 Systems

Many growers move to electronic WH-2 platforms. The shift carries clear upsides and real risks. Weigh both before you sign a software contract.

Pros:

  • Automatic AEWR build-up calculations reduce math errors flagged in the WHD enforcement data.
  • Cloud storage satisfies the 72-hour production rule in 29 CFR 516.7.
  • Geofenced punches deter time fraud and back the employer in a Mt. Clemens burden fight.
  • Spanish and Haitian Creole interfaces help meet the 29 CFR 500.78 language access expectations.
  • Audit trails create tamper-evident records that the WHD respects under Field Assistance Bulletin 2008-2.

Cons:

  • Subscription costs add up for small operations under the FLSA 500 man-day exemption.
  • Bad data import can cascade across hundreds of records before anyone notices.
  • Reliance on vendor uptime can violate the same-day production duty if servers are down.
  • Workers without smartphones may struggle with mobile punches, raising 29 CFR 785.11 “suffered or permitted” issues.
  • E-signatures may not be accepted in every state under the Uniform Electronic Transactions Act carve-outs.

Court Rulings Every WH-2 Filer Should Know

Case law shapes how the WHD reads each line of Form WH-2. Three rulings dominate the agriculture docket. Each one changes how you should fill out the form.

In Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946), the Supreme Court held that when an employer’s records are inaccurate or incomplete, the worker can prove damages by “just and reasonable inference.” The practical lesson is that the WH-2 is your shield, and a blank or wrong line is a sword for the worker. Growers who keep clean WH-2 records win the burden fight.

In Arriaga v. Florida Pacific Farms, 305 F.3d 1228 (11th Cir. 2002), the Eleventh Circuit ruled that visa, border, and transportation costs are primarily for the employer’s benefit and cannot be deducted in the first workweek. Every WH-2 deduction line must respect that holding. Employers who ignore Arriaga still lose audits two decades later.

In Antenor v. D & S Farms, 88 F.3d 925 (11th Cir. 1996), the court applied a seven-factor joint-employer test to MSPA cases. The lesson for WH-2 is that growers cannot hide behind a labor contractor. Both joint employers must keep matching records, or both will pay.

How WH-2 Connects to Other DOL Forms

Form WH-2 does not stand alone. It connects to several other DOL documents in the agricultural compliance stack. Knowing the connections helps you avoid mismatched data.

  • Form WH-516 is the worker disclosure that sets the wage promise the WH-2 must match.
  • Form ETA-790A is the H-2A job order that locks in the AEWR used on the WH-2.
  • Form ETA-9142A is the H-2A application that triggers the three-year retention clock.
  • Form WH-501 is the FLC certificate whose number sits in the WH-2 header.
  • Form WH-347 is a different payroll form for Davis-Bacon construction work, often confused with WH-2.

Frequently Asked Questions

Is DOL Form WH-2 the same as Form WH-347?

No. Form WH-2 is the agricultural daily payroll record under MSPA and H-2A rules, while Form WH-347 is the certified payroll for Davis-Bacon federal construction projects.

Do small farms with under 500 man-days have to keep WH-2?

Yes. Although the FLSA 500 man-day rule exempts some farms from minimum wage, MSPA recordkeeping still applies whenever migrant or seasonal workers are employed.

Can I keep Form WH-2 records electronically?

Yes. Field Assistance Bulletin 2008-2 lets employers keep WH-2 data digitally if records are legible, accessible, and produced within 72 hours of a WHD request.

Must H-2A employers show the AEWR build-up on WH-2?

Yes. 20 CFR 655.122(l) requires piece-rate workers to earn at least the AEWR each pay period, and the build-up must appear on the payroll record.

Can I deduct visa fees from a worker’s first paycheck on WH-2?

No. Arriaga v. Florida Pacific Farms held that visa and inbound travel costs are employer expenses and cannot reduce first-week pay below minimum wage.

Is the worker required to sign Form WH-2?

No. Worker signature is optional, but the employer’s signature is mandatory under 29 CFR 516.2 and the WHD Field Operations Handbook.

How long must I keep Form WH-2?

Yes, for at least three years under 29 CFR 516.5, and three years from the contract end date for H-2A employers under 20 CFR 655.167.

Do California growers need a different WH-2 template?

Yes. California overtime under AB 1066 and heat-illness logs under Title 8 § 3395 require extra columns beyond the federal WH-2 baseline.

Can a labor contractor and grower share one WH-2?

No. Joint employers must each keep their own matching records under 29 CFR 500.20(h), as confirmed in Antenor v. D & S Farms.

What is the penalty for a missing or wrong WH-2?

Yes, there is a real penalty, up to $2,801 per violation under the 2025 inflation-adjusted civil money penalty schedule, plus back wages and liquidated damages.

Does WH-2 cover H-2B workers too?

No. H-2B workers fall under 20 CFR 655 Subpart A with separate payroll rules, although many employers use a similar template for consistency.

Can workers request a copy of their own WH-2?

Yes. 29 CFR 500.80(d) requires the employer to give each worker an itemized written statement of hours, rate, and deductions every payday.

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