§ 1821 TITLE 29—LABOR Page 720

amended, set out as an Effective Date of 1986 Amendment note under section 1802 of this title.

SUBCHAPTER II—MIGRANT AGRICULTURAL

WORKER PROTECTIONS

§ 1821. Information and recordkeeping requirements

(a) Written disclosure requirements imposed

upon recruiters

Each farm labor contractor, agricultural employer, and agricultural association which recruits any migrant agricultural worker shall ascertain and disclose in writing to each such

worker who is recruited for employment the following information at the time of the worker’s

recruitment:

(1) the place of employment;

(2) the wage rates to be paid;

(3) the crops and kinds of activities on which

the worker may be employed;

(4) the period of employment;

(5) the transportation, housing, and any

other employee benefit to be provided, if any,

and any costs to be charged for each of them;

(6) the existence of any strike or other concerted work stoppage, slowdown, or interruption of operations by employees at the place of

employment;

(7) the existence of any arrangements with

any owner or agent of any establishment in

the area of employment under which the farm

labor contractor, the agricultural employer,

or the agricultural association is to receive a

commission or any other benefit resulting

from any sales by such establishment to the

workers; and

(8) whether State workers’ compensation insurance is provided, and, if so, the name of the

State workers’ compensation insurance carrier, the name of the policyholder of such insurance, the name and the telephone number

of each person who must be notified of an injury or death, and the time period within

which such notice must be given.

Compliance with the disclosure requirement of

paragraph (8) for a migrant agricultural worker

may be met if such worker is given a photocopy

of any notice regarding workers’ compensation

insurance required by law of the State in which

such worker is employed. Such worker shall be

given such disclosure regarding workers’ compensation at the time of recruitment or if sufficient information is unavailable at that time, at

the earliest practicable time but in no event

later than the commencement of work.

(b) Posting requirements imposed upon employers

Each farm labor contractor, agricultural employer, and agricultural association which employs any migrant agricultural worker shall, at

the place of employment, post in a conspicuous

place a poster provided by the Secretary setting

forth the rights and protections afforded such

workers under this chapter, including the right

of a migrant agricultural worker to have, upon

request, a written statement provided by the

farm labor contractor, agricultural employer, or

agricultural association, of the information described in subsection (a) of this section. Such

employer shall provide upon request, a written

statement of the information described in subsection (a) of this section.

(c) Posting or notice requirements imposed upon

housing providers

Each farm labor contractor, agricultural employer, and agricultural association which provides housing for any migrant agricultural

worker shall post in a conspicuous place or

present to such worker a statement of the terms

and conditions, if any, of occupancy of such

housing.

(d) Recordkeeping and information requirements imposed upon employers

Each farm labor contractor, agricultural employer, and agricultural association which employs any migrant agricultural worker shall—

(1) with respect to each such worker, make,

keep, and preserve records for three years of

the following information:

(A) the basis on which wages are paid;

(B) the number of piecework units earned,

if paid on a piecework basis;

(C) the number of hours worked;

(D) the total pay period earnings;

(E) the specific sums withheld and the purpose of each sum withheld; and

(F) the net pay; and

(2) provide to each such worker for each pay

period, an itemized written statement of the

information required by paragraph (1) of this

subsection.

(e) Furnishing of records by farm labor contractor; maintenance of records by recipient

Each farm labor contractor shall provide to

any other farm labor contractor, and to any agricultural employer and agricultural association

to which such farm labor contractor has furnished migrant agricultural workers, copies of

all records with respect to each such worker

which such farm labor contractor is required to

retain by subsection (d)(1) of this section. The

recipient of such records shall keep them for a

period of three years from the end of the period

of employment.

(f) Prohibition on knowingly providing false or

misleading information to workers

No farm labor contractor, agricultural employer, or agricultural association shall knowingly provide false or misleading information to

any migrant agricultural worker concerning the

terms, conditions, or existence of agricultural

employment required to be disclosed by subsection (a), (b), (c), or (d) of this section.

(g) Form and language requirements

The information required to be disclosed by

subsections (a) through (c) of this section to migrant agricultural workers shall be provided in

written form. Such information shall be provided in English or, as necessary and reasonable,

in Spanish or other language common to migrant agricultural workers who are not fluent or

literate in English. The Department of Labor

shall make forms available in English, Spanish,

and other languages, as necessary, which may be

used in providing workers with information required under this section.
Page 721 TITLE 29—LABOR § 1831

(Pub. L. 97–470, title II, §201, Jan. 14, 1983, 96

Stat. 2590; Pub. L. 104–49, §4(a), Nov. 15, 1995, 109

Stat. 434.)

AMENDMENTS

1995—Subsec. (a). Pub. L. 104–49 added par. (8) and

concluding provisions.

EFFECTIVE DATE OF 1995 AMENDMENT

Section 4(c) of Pub. L. 104–49 provided that: ‘‘The

amendments made by subsections (a) and (b) [amending

this section and section 1831 of this title] shall take effect upon the expiration of 90 days after the date final

regulations are issued by the Secretary of Labor to implement such amendments.’’ [Final regulations implementing Pub. L. 104–49 were signed May 13, 1996, published May 16, 1996, 61 F.R. 24858, and effective the same

day.]

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1843 of this title.

§ 1822. Wages, supplies, and other working arrangements

(a) Payment of wages

Each farm labor contractor, agricultural employer, and agricultural association which employs any migrant agricultural worker shall pay

the wages owed to such worker when due.

(b) Purchase of goods or services by worker

No farm labor contractor, agricultural employer, or agricultural association shall require

any migrant agricultural worker to purchase

any goods or services solely from such farm

labor contractor, agricultural employer, or agricultural association.

(c) Violation of terms of working arrangement

No farm labor contractor, agricultural employer, or agricultural association shall, without justification, violate the terms of any working arrangement made by that contractor, employer, or association with any migrant agricultural worker.

(Pub. L. 97–470, title II, §202, Jan. 14, 1983, 96

Stat. 2591.)

§ 1823. Safety and health of housing

(a) Compliance with substantive Federal and

State safety and health standards

Except as provided in subsection (c) of this

section, each person who owns or controls a facility or real property which is used as housing

for migrant agricultural workers shall be responsible for ensuring that the facility or real

property complies with substantive Federal and

State safety and health standards applicable to

that housing.

(b) Certification that applicable safety and

health standards met; posting of certificate

of occupancy; retention of certificate and

availability for inspection and review; occupancy prior to inspection

(1) Except as provided in subsection (c) of this

section and paragraph (2) of this subsection, no

facility or real property may be occupied by any

migrant agricultural worker unless either a

State or local health authority or other appropriate agency has certified that the facility or

property meets applicable safety and health

standards. No person who owns or controls any

such facility or property shall permit it to be

occupied by any migrant agricultural worker

unless a copy of the certification of occupancy is

posted at the site. The receipt and posting of a

certificate of occupancy does not relieve any

person of responsibilities under subsection (a) of

this section. Each such person shall retain the

original certification for three years and shall

make it available for inspection and review in

accordance with section 1862 of this title.

(2) Notwithstanding paragraph (1) of this subsection, if a request for the inspection of a facility or real property is made to the appropriate

State or local agency at least forty-five days

prior to the date on which it is occupied by migrant agricultural workers and such agency has

not conducted an inspection by such date, the

facility or property may be so occupied.

(c) Applicability to providers of housing on a

commercial basis to the general public

This section does not apply to any person who,

in the ordinary course of that person’s business,

regularly provides housing on a commercial

basis to the general public and who provides

housing to migrant agricultural workers of the

same character and on the same or comparable

terms and conditions as is provided to the general public.

(Pub. L. 97–470, title II, §203, Jan. 14, 1983, 96

Stat. 2591.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1812 of this title.

SUBCHAPTER III—SEASONAL

AGRICULTURAL WORKER PROTECTIONS

§ 1831. Information and recordkeeping requirements

(a) Written disclosure requirements imposed

upon recruiters

(1) Each farm labor contractor, agricultural

employer, and agricultural association which recruits any seasonal agricultural worker (other

than day-haul workers described in section

1802(10)(A)(ii) of this title) shall ascertain and,

upon request, disclose in writing the following

information when an offer of employment is

made to such worker:

(A) the place of employment;

(B) the wage rates to be paid;

(C) the crops and kinds of activities on

which the worker may be employed;

(D) the period of employment;

(E) the transportation and any other employee benefit to be provided, if any, and any

costs to be charged for each of them;

(F) the existence of any strike or other concerted work stoppage, slowdown, or interruption of operations by employees at the place of

employment;

(G) the existence of any arrangements with

any owner or agent of any establishment in

the area of employment under which the farm

labor contractor, the agricultural employer,

or the agricultural association is to receive a

commission or any other benefit resulting

from any sales by such establishment to the

workers; and