ESA-1297A FORPD (5-16)
ARIZONA DEPARTMENT OF ECONOMIC SECURITY
Workforce Administration
Employment Service
Assurances for Intrastate and Interstate Clearance Orders
The employer agrees to notify the Employment Service Regional Business Services Unit (ES
RBSU) at 602-771-0890, option 1 or by email at
azclearanceorders@azdes.gov
at least 10
business days prior to the original date of need regarding any changes in start date or hours to be
worked. If the employer fails to notify the ES RBSU at least 10 business days prior to the
original date of need, the employer will pay eligible workers referred through the clearance
system the number of hours per week cited in Item 11 of the
Agricultural and Food Processing
Clearance Order (ETA
790). The employer will pay the workers the specified hourly rate or pay,
or in the absence of a specified hourly rate of pay, the higher of the Federal or State minimum
wage for the first week, beginning with the original anticipated date of need cited in Item 9 of the
ETA 790. The employer may require workers to perform alternative work if this guarantee is
used and if such alternative work is stated on the job order.
The employer agrees that if the employment period is extended beyond the period of employment
shown on the job order, the employer will pay all wages earned by the worker or wages specified
in the job order as a term of employment, and will provide transportation or pay transportation
expenses to the worker’s home.
The employer assures that all working conditions comply with applicable Federal and State
minimum wage, child labor, social security, health and safety, farm labor contractor registration
and other employment-related laws.
The employer agrees to notify the ES RBSU or State agency by telephone immediately upon
learning that a crop is maturing earlier or later, or that weather conditions, over-recruitment, or
other factors have changed the terms and conditions of employment.
The employer, if acting as a farm labor contractor, has a valid farm labor contractor registration
certificate.
The employer assures the availability of no-cost or public housing which meets applicable
Federal and State standards and which is sufficient to house the specified number of workers
requested through the clearance system.
The employer also assures that outreach workers shall have reasonable access to the workers
when conducting outreach activities pursuant to 20 CFR 653.107.
Employer’s Name
Date:
Employer’s Signature
Equal Opportunity Employer/Program • Under Titles VI and VII of the Civil Rights Act of 1964 (Title VI & VII), and the Americans with
Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Title II of the
Genetic Information Nondiscrimination Act (GINA) of 2008; the Department prohibits discrimination in admissions, programs, services,
activities or employment based on race, color, religion, sex, national origin, age, disability, genetics and retaliation. The Department must
make a reasonable accommodation to allow a person with a disability to take part in a program, service or activity. Auxiliary aids and
services are available upon request to individuals with disabilities. For example, this means if necessary, the Department must provide sign
language interpreters for people who are deaf, a wheelchair accessible location, or enlarged print materials. It also means that the
Department will take any other reasonable action that allows you to take part in and understand a program or activity, including making
reasonable changes to an activity. If you believe that you will not be able to understand or take part in a program or activity because of your
disability, please let us know of your disability needs in advance if at all possible. To request this document in alternative format or for
further information about this policy, contact your local office manager; TTY/TDD Services: 7-1-1. • Free language assistance for DES
services is available upon request. • Disponible en español en el reverso.