Information for New Hires

Information for New Hires

When you hire a new employee it is a best practice to communicate with them prior to their first day of work. It is a good idea to provide information to your employees about details they need to know for the first day of work (what time to arrive, where to report, who to ask for, what to wear, etc.). We have provided a template new hire letter to help get you started. This letter can help to ensure that employees know where to go, who to ask for and what to wear and bring with them on their first day of work.

You are required in New York State to put in writing, at the time of hire, information about the rate of pay, benefits, hours and conditions of work. There is a form LS 309 that has all of the required information that needs to be provided to new farm employees. New York law requires that all the information in Form LS 309 also be filled out and shared, in writing, with the farm employee in a language they can understand at the time of hire. Although you do not need to use the form, and could put all of that information into your welcome letter, it is safer to use the LS309 for to ensure that you have included all legally required information. For example you should use LS309 to clarify that the position is eligible for overtime pay and subject to day-of-rest requirements.

Form LS 309 is available on the NYSDOL website in multiple languages including Spanish and Haitian-Creole. See the NYS Department of Labor site for more details under “Wage Theft Prevention Act” (labor.ny.gov/immigrants/agriculture-labor-program/services-for-agriculture-employers.shtm).

If you are hiring H2A visa workers there is yet another form, ETA 790 (similar to the LS 309), that you provide to workers that outlines their pay rate and benefits, job duties, and job expectations. This information must also be provided to any worker who is working the same job as an H2A worker. We have provided sample letters, but you should use the most current form when actually applying. USDA has a great H2A checklist that can be used to help you plan out timing and paperwork needed for the program.

Job Descriptions

If you are not using the LS 309 or ETA 790A forms, you should include a job description with your new hire letter.

O'NET OnLine provides information about occupations that can be helpful in drafting a job description Farming, Fishing, and Forestry Occupations (onetonline.org). In addition Penn State has a fact-sheet on developing job descriptions that is very helpful. Job Descriptions: The Building Blocks of Organizations (psu.edu)