Yes, you must give every H-2A worker a fully completed Form WH-516 in a language the worker understands no later than the day work begins, and foreign workers must receive it at the time the job is offered or by the visa interview. The form is the federal disclosure of wages, hours, housing, transportation, and other terms of the H-2A job, and it is enforced by the U.S. Department of Labor Wage and Hour Division. Skipping it, mistranslating it, or contradicting your ETA-790/790A job order creates direct civil money penalty exposure under 29 CFR 501.19.
Form WH-516, titled Worker Information, mirrors the binding job order so the worker can compare what was promised to what is delivered. The Wage and Hour Division uses the form during audits to test compliance with the H-2A statute at 8 U.S.C. 1188 and the program rules at 20 CFR Part 655 Subpart B. In fiscal year 2024, WHD recovered more than $22 million in back wages for agricultural workers, and disclosure failures were among the top three citation categories.
Here is what you will learn in this guide:
- 📄 How to complete every line on Form WH-516, field by field, with clean examples
- ⚖️ Which federal statutes, regulations, and DOL bulletins control the disclosure
- 🌾 How state rules in California, Florida, Washington, North Carolina, and New York layer on top
- 🚫 The seven most expensive mistakes employers make and how to avoid each one
- 💰 The exact penalty exposure under 29 CFR 501.19 when the form is wrong, late, or missing
What Form WH-516 Is and Why It Exists
Form WH-516 is the official Worker Information disclosure created by the DOL Wage and Hour Division for the H-2A temporary agricultural worker program. It hands the worker a plain-language summary of the same terms that appear on the ETA-790/790A job order filed with the Office of Foreign Labor Certification. The current revision is dated July 2023 and is downloadable from the WHD forms library.
The form exists because Congress, in the Immigration and Nationality Act, required that H-2A workers receive the same wages and working conditions as similarly employed U.S. workers. The disclosure rule sits in 20 CFR 655.122(q), and the penalty rule sits in 29 CFR 501.19. The plain-English point is that the worker must hold a written copy of the deal before lifting a single bucket.
The consequence of skipping the form is steep. Each failure to disclose can trigger a civil money penalty up to $1,996 per violation in 2025-adjusted amounts, with willful or repeated violations climbing higher. A common misconception is that posting the job order on a bulletin board is enough; it is not, because the rule requires individual delivery in a language the worker understands.
Who Must Issue WH-516
Every H-2A employer named on a certified ETA-9142A application must deliver the form. That includes fixed-site farms, H-2A Labor Contractors (H-2ALCs), and associations filing as joint employers. Joint employers share liability under 29 CFR 500.20(h), so a grower who relies on a contractor still owes the disclosure.
A farm labor contractor who also touches U.S. workers in a corresponding employment arrangement must issue WH-516 to those workers too. The consequence of missing a corresponding worker is a parallel back-wage liability under 20 CFR 655.122(a). For example, Carlos, a Florida blueberry grower, hired five domestic pickers alongside his H-2A crew and forgot to give them the form; WHD treated the omission as a discrimination citation.
The misconception here is that only the H-2A workers count. The rule defines corresponding employment in 20 CFR 655.103(b), so domestic workers performing the same tasks are squarely covered. Always cross-reference your hiring list against the certified job order before printing forms.
When the Form Must Be Delivered
Foreign workers must receive WH-516 at the time the worker applies for the visa or, at the latest, when the job is offered. Workers in corresponding employment must receive it no later than the first day of work. The rule lives in 20 CFR 655.122(q).
Late delivery breaks the disclosure obligation even if every term is correct. The consequence is a per-worker penalty plus the possibility of program debarment under 20 CFR 655.182. For example, Maria, a North Carolina tobacco employer, handed out the form on day three of the contract; WHD assessed a penalty for every worker even though the wages matched the job order.
A frequent misconception is that an oral briefing in the worker’s language is enough. It is not. The text of the rule requires a written disclosure, and oral translation is only a supplement to the written form.
Translation and Language Rules
The disclosure must be in a language the worker understands. DOL provides Form WH-516 in English and Spanish on the WHD forms page. For workers from Haiti, Jamaica, Guatemala, or other countries where Spanish is not the first language, the employer must furnish a certified translation.
Failure to translate is treated as failure to disclose. The consequence is the same per-violation penalty under 29 CFR 501.19, and courts have backed this view in cases like Arriaga v. Florida Pacific Farms. A Mam-speaking Guatemalan worker who receives only a Spanish form has effectively received nothing.
The misconception is that a worker’s signature waives the language right. It does not, because the disclosure obligation runs to the worker’s understanding, not the worker’s signature. Always document the language used and keep a translator’s certification.
The Statutory and Regulatory Framework
Form WH-516 sits inside a tight web of federal rules. The Immigration and Nationality Act § 218 created the H-2A program, and DOL implemented it through 20 CFR Part 655 Subpart B for certification and 29 CFR Part 501 for enforcement. The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) adds another disclosure layer for any U.S. worker pulled into corresponding employment.
The plain-English meaning is simple: H-2A workers get a job-order-mirroring disclosure under 20 CFR 655.122(q), and U.S. corresponding workers also get MSPA-required disclosures under 29 CFR 500.75. The consequence of mixing them up is a double-citation. For example, Diego, a Washington apple grower, gave his domestic pickers WH-516 but forgot the MSPA-required Form WH-501; WHD cited him under both Part 501 and Part 500.
A common misconception is that WH-516 satisfies MSPA disclosure for U.S. workers. It does not. WH-516 is the H-2A program disclosure, and WH-501 is the MSPA disclosure; corresponding workers often need both.
How WH-516 Connects to the ETA-790/790A
The ETA-790 and ETA-790A make up the certified job order. Every term on WH-516 must match those forms exactly. A wage rate that drifts by a few cents, or a deduction that appears on WH-516 but not the job order, is a substantive change that triggers the modification process under 20 CFR 655.121.
The consequence of a mismatch is a back-wage liability for every worker plus a disclosure citation. Imagine Juan, a Georgia onion grower, who lists the Adverse Effect Wage Rate (AEWR) of $14.83 on the ETA-790 but accidentally types $14.38 on WH-516. WHD will compute back wages at the higher rate for every hour of every worker.
The misconception is that small typos are harmless. They are not, because the worker is entitled to the higher of the two figures under 20 CFR 655.120. Always reconcile the two documents before printing.
How WH-516 Connects to Form I-129 and the DS-160
The Form I-129 petition filed with USCIS and the DS-160 visa application form filed with the State Department both rely on the certified job order. Consular officers in countries like Mexico and South Africa often ask the worker to confirm receipt of WH-516 during the interview at posts in Monterrey or Cape Town.
If the worker says no, the visa can be refused under INA § 221(g). The consequence is a delayed crew arrival and lost harvest days. Pedro, an apple recruiter, learned this when six workers were paused at Monterrey because they had not seen the form.
The misconception is that the form is purely a DOL matter. State Department officers also rely on it, so deliver it before the visa interview.
Step-by-Step Walkthrough of Every Line on WH-516
The current Form WH-516 has roughly twenty disclosure items grouped into employer identification, period of employment, wages and pay, hours and guarantees, housing and transportation, deductions, and miscellaneous protections. Each line must mirror the ETA-790A word for word.
Employer Identification (Items 1–3)
Item 1 asks for the employer’s legal name, the trade name (DBA), and the federal employer identification number. Use the same name listed on the ETA-9142A. The consequence of using a different DBA is that WHD may treat the petitioner as undisclosed, which voids the disclosure for that worker.
Item 2 captures the worksite address. List every location if the worker will move, including the county, because the Adverse Effect Wage Rate varies by state. Item 3 asks for the contact person and phone number; that contact must answer worker calls during business hours under 20 CFR 655.122(p).
A misconception is that a P.O. box satisfies Item 2. It does not, because the rule requires a physical worksite. Always list a street address with county and ZIP code.
Period of Employment (Item 4)
Item 4 sets the start and end dates. They must match the certified job order. If the dates change, the employer must request a modification through the Foreign Labor Application Gateway (FLAG) before the change takes effect.
The consequence of unilateral date changes is a violation of the three-fourths guarantee under 20 CFR 655.122(i). For example, Sofia, a California strawberry grower, ended the season two weeks early; she owed every worker three-fourths of the missed hours.
The misconception is that frost or rain suspends the guarantee automatically. It does not, because only an act-of-God termination approved by the Certifying Officer cuts the obligation.
Wage Rate and Piece Rates (Item 5)
Item 5 lists the hourly wage. It must equal the highest of the AEWR, the prevailing wage, the agreed-upon collective bargaining wage, the federal minimum wage, or the state minimum wage under 20 CFR 655.120(a). For 2026, the AEWR for field and livestock workers is published in a Federal Register notice issued each winter.
If a piece rate applies, list the rate per unit and the build-up rate that guarantees the worker at least the AEWR for hours worked. The consequence of a piece rate that falls below the AEWR is automatic make-up pay under 29 CFR 501.16.
A misconception is that signed worker consent locks in a low piece rate. It does not, because workers cannot waive AEWR protections.
Hours and the Three-Fourths Guarantee (Items 6–7)
Item 6 lists the daily and weekly hours. List a realistic schedule, because a schedule that promises 50 hours but delivers 30 triggers the three-fourths guarantee. The guarantee promises payment for at least three-fourths of the workdays in the contract.
Item 7 lists overtime if applicable. Federal law does not require overtime in agriculture under the Fair Labor Standards Act § 13(b)(12), but states like California, Washington, New York, Colorado, Oregon, Hawaii, Maryland, and Minnesota do. A New York grower must pay overtime after 56 hours per week under the New York Farm Laborers Fair Labor Practices Act.
The misconception is that the federal exemption applies everywhere. It does not, and California growers must pay overtime after 8 hours per day in 2026 under AB 1066.
Housing and Meals (Items 8–10)
Item 8 lists employer-provided housing or rental assistance. H-2A housing must meet OSHA standards at 29 CFR 1910.142 or ETA standards in 20 CFR 654.404. Item 9 lists meal arrangements; charges may not exceed the annual meal cap published by ETA.
Item 10 lists kitchen access if the employer does not provide three meals a day. The consequence of providing substandard housing is a stop-work order plus penalties. Andre, a Vermont apple grower, lost his certification when state inspectors found mold and missing smoke detectors.
The misconception is that workers can waive housing standards. They cannot, because the rule protects health and safety, not just contract preferences.
Transportation and Subsistence (Items 11–13)
Item 11 lists inbound transportation reimbursement. The employer must reimburse reasonable travel and subsistence from the place of recruitment to the worksite once the worker completes 50 percent of the contract under 20 CFR 655.122(h). Item 12 lists outbound transportation; the employer must pay return transport when the contract ends.
Item 13 lists daily transportation between housing and worksite. Vehicles must comply with MSPA vehicle safety rules at 29 CFR 500.105. The consequence of unsafe transport is per-passenger penalties plus potential criminal liability after an accident.
A misconception is that subsistence equals only meals. It also includes lodging during travel, capped at the GSA per diem rate when receipts are not provided.
Deductions (Item 14)
Item 14 lists every payroll deduction. Only deductions required by law (FICA, federal and state income tax) or reasonable and customary deductions agreed to in writing are allowed under 29 CFR 531.3. Recruitment fees, visa fees, and border-crossing fees are not deductible.
The consequence of an illegal deduction is dollar-for-dollar back pay plus penalties. The Eleventh Circuit reinforced this in Arriaga v. Florida Pacific Farms, holding that visa-related expenses are primarily for the employer’s benefit.
The misconception is that workers can volunteer to repay recruitment fees. They cannot, because such repayment effectively cuts the wage below the AEWR.
Workers’ Compensation, Tools, and Other Protections (Items 15–18)
Item 15 lists the workers’ compensation carrier or equivalent coverage required under 20 CFR 655.122(e). Item 16 lists tools, supplies, and equipment that the employer provides at no cost. Item 17 lists the strikebreaking clause prohibiting use of H-2A workers during a strike or lockout under 20 CFR 655.135(b).
Item 18 lists the anti-retaliation clause and the worker’s right to file complaints with WHD without fear of reprisal under 29 CFR 501.4. The consequence of charging for tools is per-worker reimbursement plus penalties. Liu, a Washington cherry grower, charged $35 for clippers and owed every worker the full refund.
The misconception is that boots and rain gear are personal items. They are not, because Field Assistance Bulletin 2009-2 treats them as employer-provided when required for the job.
Three Common Real-World Scenarios
The fact patterns below show how WH-516 disclosure issues unfold during a season. Each scenario is built from the most common WHD investigations.
| Disclosure Action | Penalty Outcome |
|---|---|
| Employer hands out English-only WH-516 to Mam-speaking Guatemalan crew on day one | Treated as no disclosure, $1,996 penalty per worker plus translation order |
| Employer changes wage from $16.20 to $15.80 mid-season without modification | Back wages at $16.20 for every hour plus willful-violation penalty |
| Employer omits Item 14 deduction for housing utilities then deducts $25/week | Full deduction returned to each worker plus civil money penalty |
| Worker Scenario | Employer Response Required |
|---|---|
| Worker arrives day 60 of 120-day contract and is sent home early | Pay three-fourths guarantee for remaining contracted days |
| Worker injured on day 10, unable to work | File workers’ comp claim, continue housing, count days toward guarantee |
| Worker quits voluntarily on day 30 | No outbound transport owed under 20 CFR 655.122(h)(2) |
| Audit Trigger | Likely WHD Finding |
|---|---|
| WH-516 wage rate lower than ETA-790A | Back wages plus disclosure citation |
| No translator certification on file | Disclosure failure for every limited-English worker |
| Recruitment fee deducted from first paycheck | Restitution plus willful-violation penalty |
Named Examples That Bring the Rules to Life
Maria runs a 200-acre tobacco farm in North Carolina. She certifies 40 H-2A workers each May through the Mid-Atlantic Solutions association and uses the Spanish version of WH-516. Last year she added a $5 weekly laundry charge that did not appear on the ETA-790A; WHD ordered her to refund $1,000 across the crew and assessed a $1,500 penalty.
Diego manages a Washington apple orchard with 75 H-2A workers. He pays the 2026 Washington AEWR of $19.25 per hour and lists overtime after 40 hours under Washington’s farmworker overtime law. He builds his piece-rate cherry harvest schedule to guarantee the AEWR even during light pick days, sidestepping the 29 CFR 501.16 make-up rule.
Juan is a Georgia Vidalia onion grower with 25 H-2A workers. He uses an H-2ALC named SunHarvest to recruit but signs the WH-516 as joint employer. When SunHarvest forgot to deliver the form to four corresponding U.S. workers, Juan shared liability for the disclosure failure under 29 CFR 500.20(h).
Mistakes to Avoid
These are the most expensive WH-516 errors that show up in WHD investigations and Office of Administrative Law Judges decisions.
- Issuing the form after the first day of work, which voids the disclosure even if every term is correct
- Using English when the worker reads only Spanish, Mam, Q’eqchi’, Haitian Creole, or another language
- Mismatching the wage rate between WH-516 and the ETA-790A, even by one cent
- Listing deductions on WH-516 that were not certified on the ETA-790A
- Charging workers for tools, boots, or rain gear required for the job
- Skipping the strikebreaking and anti-retaliation clauses in Items 17 and 18
- Forgetting corresponding U.S. workers, who are entitled to the same disclosure
- Failing to keep the signed copy for three years under 29 CFR 501.5
- Promising hours far above the realistic schedule, inflating the three-fourths guarantee
- Using a P.O. box for the worksite address instead of a physical street address
Do’s and Don’ts of WH-516 Compliance
These quick rules anchor a compliant disclosure file.
- Do print WH-516 in the worker’s native language and document the translator’s credentials, because oral translation alone fails under 20 CFR 655.122(q)
- Do reconcile every line against the certified ETA-790A before printing, because mismatches trigger back wages
- Do deliver to every corresponding U.S. worker, because MSPA layers on top of H-2A rules
- Do keep the signed disclosure for three years, because that is the WHD records-retention period
- Do post the WH-516 in housing units alongside the WHD H-2A poster, because conspicuous posting reinforces individual delivery
- Don’t rely on a recruiter’s promise that the worker received the form, because liability stays with the employer
- Don’t charge recruitment, visa, or border-crossing fees, because Arriaga makes them illegal deductions
- Don’t change wages, hours, or housing mid-season without filing a modification through FLAG
- Don’t treat frost or hurricane shutdowns as automatic contract terminations, because only the Certifying Officer can approve an act-of-God termination
- Don’t sign WH-516 as employer if you do not understand each disclosure, because signature equals certification
Pros and Cons of Doing WH-516 In-House Versus With Counsel
Many growers debate whether to handle disclosures internally or hire an immigration attorney.
- Pro of in-house: Lower cost, often $0 in legal fees per season for a small farm
- Pro of in-house: Faster turnaround when last-minute crew changes happen during peak harvest
- Pro of in-house: Greater familiarity with the worksite, vehicles, and housing units
- Pro of counsel: Reduced audit risk because lawyers track Federal Register updates and DOL bulletins
- Pro of counsel: Stronger defense if a WHD investigation opens, because counsel can manage interviews
- Con of in-house: Easy to miss new AEWR releases or revised forms, which leads to disclosure failures
- Con of in-house: Hard to track corresponding employment when crews mix domestic and H-2A workers
- Con of counsel: Per-petition fees can run $3,000 to $7,500 for a single H-2A filing
- Con of counsel: Slower response time during weekend equipment or housing emergencies
- Con of counsel: Some attorneys lack agricultural experience and miss state overtime rules
State Nuances You Cannot Ignore
Federal rules set the floor, but states often raise it. Form WH-516 must reflect whichever rule is more protective.
California
California growers must pay overtime after 8 hours per day and 40 hours per week in 2026 under AB 1066. The state AEWR for 2026 is the highest in the nation, and Cal/OSHA heat illness rules require shade and water disclosures that should appear in Item 16. California also enforces the Agricultural Labor Relations Act, which strengthens the strikebreaking clause in Item 17.
The consequence of ignoring AB 1066 is double-overtime liability for hours worked over 12 in a day. Sofia, a Salinas Valley strawberry grower, learned this when a former crew member filed a Cal Labor Commissioner claim for $4,200 in unpaid overtime.
The misconception is that the federal FLSA agriculture exemption preempts state overtime. It does not, because FLSA sets a floor, not a ceiling.
Florida
Florida has no state-level AEWR override, but the Department of Business and Professional Regulation inspects H-2A housing aggressively. Florida growers must list housing inspection certificates in Item 8, because uncertified housing voids the disclosure. The state’s farm-labor contractor registration rule under Florida Statute 450.30 layers additional duties on H-2ALCs.
The consequence of running uncertified housing is a stop-work order plus loss of certification. Carlos, a Plant City strawberry grower, watched his crew sit idle for nine days after a failed inspection.
A misconception is that DOL housing certification covers state inspections. It does not, because Florida runs a separate program.
Washington
Washington requires overtime after 40 hours per week for agricultural workers in 2026 under the DeRuyter v. Sakuma decision and follow-up legislation. Washington also enforces paid sick leave under RCW 49.46.210, which must appear in the WH-516 deductions and benefits items.
The consequence of skipping paid sick leave is double damages plus attorney fees. Diego avoided this by adding a clear sick-leave line under Item 16.
The misconception is that H-2A workers are exempt from sick leave. They are not, because Washington law applies to all agricultural employees regardless of visa status.
North Carolina
North Carolina hosts the North Carolina Growers Association, which runs the largest H-2A association in the country. Its members use a unified WH-516 template, but each grower must still sign as joint employer. The state’s Wage and Hour Act controls deductions, and the state Department of Labor coordinates with WHD on housing inspections.
The consequence of relying on the association template without review is shared liability for any disclosure error. Maria found this out when an association typo cost her $2,000 in back wages.
The misconception is that the association is the sole employer of record. It is not, because each grower remains a joint employer under 29 CFR 500.20(h).
New York
New York requires overtime after 56 hours per week in 2026, dropping toward 40 hours by 2032 under the Farm Laborers Fair Labor Practices Act. The state also requires a day of rest, paid sick leave under the New York Paid Sick Leave law, and unemployment insurance for farmworkers. WH-516 must mirror these terms.
The consequence of ignoring the day-of-rest rule is a per-violation penalty plus liquidated damages. The misconception is that H-2A workers cannot collect New York unemployment; they can if they meet the work-history threshold under state law.
Recap of Key Court Rulings
Federal courts have shaped how WHD interprets WH-516 obligations.
In Arriaga v. Florida Pacific Farms, LLC, the Eleventh Circuit held that visa, recruitment, and inbound travel costs are primarily for the employer’s benefit and cannot be deducted in week one. The case is the leading authority for the deduction rules in Item 14. The consequence is that any H-2A employer who eats into week-one wages with these costs faces direct liability.
In De Leon-Granados v. Eller & Sons Trees, Inc., the Northern District of Georgia certified a class of H-2B and H-2A workers seeking recovery of unreimbursed pre-employment costs. The court relied on the disclosure framework now found on WH-516. The misconception that class actions are rare in this space is wrong, because plaintiff-side firms watch H-2A disclosures closely.
In Garcia-Celestino v. Ruiz Harvesting, the Eleventh Circuit reinforced that kickback arrangements that return wages to the employer violate the H-2A program’s wage disclosures. The case is a warning to growers who pay the AEWR on paper but pull cash back informally.
How to Audit Your Own WH-516 File
A self-audit takes about an hour per crew and saves real money. Pull the certified ETA-790A and lay it next to a printed WH-516 for each worker. Read item by item and circle any difference, no matter how small.
Check the language version against the I-9 list of acceptable identity documents to confirm the worker reads that language. Check the signature date against the worker’s first day on payroll, and confirm a translator’s certification is in the file. Confirm housing inspection certificates, workers’ comp policy numbers, and vehicle inspection records match Items 8, 13, and 15.
Finally, build a calendar reminder for the annual AEWR notice, usually published in late November or early December, so next season’s WH-516 reflects the new wage. The consequence of skipping the calendar is a stale wage that triggers back-pay liability on day one.
Penalty Exposure Under 29 CFR 501.19
Civil money penalties for WH-516 violations are adjusted annually under the Federal Civil Penalties Inflation Adjustment Act. For 2025, willful violations can run up to $18,114 per violation, and violations causing a worker’s death or serious injury can climb higher. Repeat offenders may also face debarment for one to three years under 20 CFR 655.182.
The consequence of debarment is total loss of H-2A access, which for some growers is an existential threat. Andre, the Vermont apple grower, lost two seasons of certification after a willful housing violation.
The misconception is that small farms are below WHD’s radar. They are not, because the agency targets corresponding employment and housing complaints regardless of farm size.
Frequently Asked Questions
Is Form WH-516 the same as the ETA-790A job order?
No. WH-516 is the worker disclosure version of the certified ETA-790A job order, written in plain language and the worker’s native tongue, but every term must mirror the job order exactly.
Do I have to give Form WH-516 to U.S. workers?
Yes. Any U.S. worker performing the same job duties as the H-2A workers is in corresponding employment and must receive WH-516 no later than the first day of work under 20 CFR 655.122(q).
Can I deliver Form WH-516 by email?
Yes. Electronic delivery is acceptable if the worker has reliable access and the employer can prove receipt, but most employers still hand-deliver paper copies because of audit-trail concerns.
Must Form WH-516 be translated?
Yes. The disclosure must be in a language the worker understands, and DOL publishes English and Spanish versions while employers must self-translate for other languages with a translator’s certification.
Can workers waive their rights under WH-516?
No. H-2A workers cannot waive the AEWR, three-fourths guarantee, transportation reimbursement, or other program protections regardless of any signed waiver.
What if my piece rate falls below the AEWR?
Yes, you must pay make-up wages. Under 29 CFR 501.16, the employer must build the worker up to the AEWR for every hour worked when the piece rate underperforms.
Are visa and border-crossing fees deductible?
No. Under Arriaga v. Florida Pacific Farms, these expenses are primarily for the employer’s benefit and cannot be deducted from week-one wages or any later wages.
Does the federal FLSA overtime exemption apply to my state?
No, not always. California, Washington, New York, Colorado, Oregon, Hawaii, Maryland, and Minnesota each impose state overtime rules that override the FLSA agricultural exemption.
How long must I keep the signed WH-516?
Yes, three years is the minimum. Under 29 CFR 501.5, employers must retain payroll, disclosure, and housing records for three years from the date of the employment action.
Can I be debarred for a single WH-516 mistake?
Yes, in serious cases. Under 20 CFR 655.182, willful or substantial violations can lead to one- to three-year debarment from the H-2A program even on a first offense.
What if my crew speaks Mam, Q’eqchi’, or Haitian Creole?
Yes, you must translate. The disclosure obligation runs to the worker’s understanding, so a Spanish-only form for a Mam-speaking worker is treated as no disclosure at all.
Do association filings shift WH-516 liability away from me?
No. Each member grower remains a joint employer under 29 CFR 500.20(h) and shares liability for any disclosure error in association-prepared forms.
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