H2A workers are covered by the same federal and state minimum wage laws that protect all workers in the United States. The federal minimum wage is $7.25 per hour, but many states set a higher floor that applies to you.
Federal Minimum Wage Applies to All H2A Workers
The Fair Labor Standards Act (FLSA) sets a baseline wage of $7.25 per hour for covered employees. H2A workers are covered because they are lawfully present and perform labor in the United States. This means your employer cannot pay you less than $7.25 per hour, regardless of the state you work in.
State Minimum Wage Can Be Higher
Each state may set its own minimum wage that is higher than the federal level. If your state’s wage is higher, your employer must pay the state rate. Below is a quick snapshot of the most common states where H2A farms operate:
- Florida: $11.00 per hour (2026)
- Georgia: $7.25 per hour (follows federal rate)
- California: $15.50 per hour (2026)
- Washington: $15.74 per hour (2026)
- Texas: $7.25 per hour (follows federal rate)
These rates are updated each year. Check the Department of Labor’s wage‑law page for the latest numbers.
How to Verify Your Pay Rate
1. Review your written contract. It should list the hourly wage.
2. Compare the contract rate to the current state minimum wage. Use the state‑specific pages on our site for quick reference.
3. Ask your employer for a pay stub that shows hourly earnings, overtime, and deductions.
4. If the wage is lower than the state minimum, you have the right to raise the issue with your employer or contact the Department of Labor.
What to Do If You’re Paid Less Than the Minimum Wage
First, talk to your supervisor. Explain the law and ask for correction. If the issue is not resolved, you can:
- File a complaint with the U.S. Department of Labor Wage and Hour Division. They investigate wage violations.
- Contact a local legal aid organization that helps farm workers.
- Report the problem to the farm’s labor contractor, who is also responsible for paying the correct wage.
Do not wait. The longer you stay underpaid, the harder it is to recover back wages.
Why Minimum Wage Matters for ACA Marketplace Eligibility
Paying the correct minimum wage helps you estimate your annual income accurately. Your income determines whether you qualify for subsidies on the ACA Marketplace. H2A workers are lawfully present, so they are fully eligible for Marketplace plans, and enrollment is not considered a public charge (HealthCare.gov).
Accurate income reporting also protects you from unexpected tax bills. If you receive a subsidy, you will need to reconcile your income at tax time.
Key Takeaways for H2A Workers
- The federal minimum wage is $7.25 per hour.
- Your state may require a higher wage. Check your state’s rate each year.
- Your contract must match or exceed the applicable minimum wage.
- Underpayment is illegal. You can file a complaint with the Department of Labor.
- Correct wages help you qualify for ACA subsidies without public‑charge concerns.
Frequently Asked Questions
Do H2A workers have to follow the same minimum‑wage rules as U.S. citizens?
Yes. The Fair Labor Standards Act applies to all workers who are lawfully present, including H2A visa holders.
What if my state’s minimum wage is higher than the federal rate?
Your employer must pay the higher state rate. The federal minimum is only the floor.
Can I be paid a piece‑rate instead of hourly?
Yes, but the piece‑rate must be at least equal to the minimum wage when you multiply it by the hours you work.
Will my wage affect my ACA Marketplace subsidy?
Yes. Your household income determines subsidy eligibility. Accurate wages help you get the right amount of help.
Who can help me if I’m not being paid correctly?
Contact the Department of Labor, a local legal aid group, or call us for free enrollment help. We can also point you to resources.
Need Help Enrolling in Affordable Health Coverage?
Understanding your wage rights is the first step. Next, make sure you have health coverage that fits your budget. or click here to start your enrollment. Our licensed agents will guide you through the ACA Marketplace, explain subsidies, and answer any wage‑related questions you have.
Joe Baxter, Licensed Insurance Agent, Signature Insurance
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