09/02/2026
Picking by the ton is perfectly fine under H-2A. It just needs a backstop.
If a worker's piece-rate earnings don't reach the required hourly wage for that pay period, you owe the difference in that same paycheck. Slow picking is the obvious cause. Rain, field conditions, fruit quality, and crews getting redirected mid-shift push earnings below the floor too, and none of those are anybody's fault.
So you need real hours tracked alongside bin and tonnage counts. A tonnage report on its own won't defend you in an audit.
Full breakdown: https://llamasfinancial.com/harvest-crew-payroll-for-wineries/