§ 1832 TITLE 29—LABOR Page 722

1So in original. No par. (2) has been enacted.

(H) 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

subparagraph (H) may be met if such worker is

given, upon request, a photocopy of any notice

regarding workers’ compensation insurance required by law of the State in which such worker

is employed.

(2) Each farm labor contractor, agricultural

employer, and agricultural association which recruits seasonal agricultural workers through use

of a day-haul operation described in section

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

disclose in writing to the worker at the place of

recruitment the information described in paragraph (1).

(b) Posting requirements imposed upon employers

Each farm labor contractor, agricultural employer, and agricultural association which employs any seasonal 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 seasonal 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) Recordkeeping and information requirements

imposed upon employers

Each farm labor contractor, agricultural employer, and agricultural association which employs any seasonal 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.

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

(1) 1 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 seasonal agricultural workers, copies

of all records with respect to each such worker

which such farm labor contractor is required to

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

recipient of these records shall keep them for a

period of three years from the end of the period

of employment.

(e) 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 seasonal agricultural worker concerning the

terms, conditions, or existence of agricultural

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

(f) Form and language requirements

The information required to be disclosed by

subsections (a) and (b) of this section to seasonal 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 seasonal 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.

(Pub. L. 97–470, title III, §301, Jan. 14, 1983, 96

Stat. 2592; Pub. L. 104–49, §4(b), Nov. 15, 1995, 109

Stat. 434.)

AMENDMENTS

1995—Subsec. (a)(1). Pub. L. 104–49 added subpar. (H)

and concluding provisions.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104–49 effective upon expiration of 90 days after the date final regulations are issued by Secretary of Labor to implement such amendment, see section 4(c) of Pub. L. 104–49, set out as a note

under section 1821 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 1832. Wages, supplies, and other working arrangements

(a) Payment of wages

Each farm labor contractor, agricultural employer, and agricultural association which employs any seasonal 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 seasonal 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 seasonal agricultural worker.

(Pub. L. 97–470, title III, §302, Jan. 14, 1983, 96

Stat. 2593.)
Page 723 TITLE 29—LABOR § 1841

SUBCHAPTER IV—FURTHER PROTECTIONS

FOR MIGRANT AND SEASONAL AGRICULTURAL WORKERS

§ 1841. Motor vehicle safety

(a) Mode of transportation subject to coverage

(1) Except as provided in paragraph (2), this

section applies to the transportation of any migrant or seasonal agricultural worker.

(2) This section does not apply to the transportation of any migrant or seasonal agricultural

worker on a tractor, combine, harvester, picker,

or other similar machinery and equipment while

such worker is actually engaged in the planting,

cultivating, or harvesting of any agricultural

commodity or the care of livestock or poultry.

(b) Applicability of standards, licensing, and insurance requirements; promulgation of regulations for standards; criteria, etc., for regulations; amount of insurance required

(1) When using, or causing to be used, any vehicle for providing transportation to which this

section applies, each agricultural employer, agricultural association, and farm labor contractor shall—

(A) ensure that such vehicle conforms to the

standards prescribed by the Secretary under

paragraph (2) of this subsection and other applicable Federal and State safety standards,

(B) ensure that each driver has a valid and

appropriate license, as provided by State law,

to operate the vehicle, and

(C) have an insurance policy or a liability

bond that is in effect which insures the agricultural employer, the agricultural association, or the farm labor contractor against liability for damage to persons or property arising from the ownership, operation, or the

causing to be operated, of any vehicle used to

transport any migrant or seasonal agricultural worker.

(2)(A) For purposes of paragraph (1)(A), the

Secretary shall prescribe such regulations as

may be necessary to protect the health and safety of migrant and seasonal agricultural workers.

(B) To the extent consistent with the protection of the health and safety of migrant and seasonal agricultural workers, the Secretary shall,

in promulgating regulations under subparagraph

(A), consider, among other factors—

(i) the type of vehicle used,

(ii) the passenger capacity of the vehicle,

(iii) the distance which such workers will be

carried in the vehicle,

(iv) the type of roads and highways on which

such workers will be carried in the vehicle,

(v) the extent to which a proposed standard

would cause an undue burden on agricultural

employers, agricultural associations, or farm

labor contractors.

(C) Standards prescribed by the Secretary

under subparagraph (A) shall be in addition to,

and shall not supersede or modify, any standard

under part B of subtitle IV of title 49, or regulations issued thereunder, which is independently

applicable to transportation to which this section applies. A violation of any such standard

shall also constitute a violation under this chapter.

(D) In the event that the Secretary fails for

any reason to prescribe standards under subparagraph (A) by the effective date of this chapter, the standards prescribed under section 31502

of title 49, relating to the transportation of migrant workers, shall, for purposes of paragraph

(1)(A), be deemed to be the standards prescribed

by the Secretary under this paragraph, and

shall, as appropriate and reasonable in the circumstances, apply (i) without regard to the

mileage and boundary line limitations contained

in such section, and (ii) until superseded by

standards actually prescribed by the Secretary

in accordance with this paragraph.

(3) The level of insurance required under paragraph (1)(C) shall be determined by the Secretary considering at least the factors set forth

in paragraph (2)(B) and similar farmworker

transportation requirements under State law.

(c) Adjustments of insurance requirements in the

event of workers’ compensation coverage

If an agricultural employer, agricultural association, or farm labor contractor is the employer of any migrant or seasonal agricultural

worker for purposes of a State workers’ compensation law and such employer provides workers’ compensation coverage for such worker in

the case of bodily injury or death as provided by

such State law, the following adjustments in the

requirements of subsection (b)(1)(C) of this section relating to having an insurance policy or liability bond apply:

(1) No insurance policy or liability bond

shall be required of the employer, if such

workers are transported only under circumstances for which there is coverage under such

State law.

(2) An insurance policy or liability bond

shall be required of the employer for circumstances under which coverage for the transportation of such workers is not provided under

such State law.

(d) Time for promulgation of regulations for

standards implementing requirements; revision of standards

The Secretary shall, by regulations promulgated in accordance with section 1861 of this

title not later than the effective date of this

chapter, prescribe the standards required for the

purposes of implementing this section. Any subsequent revision of such standards shall also be

accomplished by regulation promulgated in accordance with such section.

(Pub. L. 97–470, title IV, §401, Jan. 14, 1983, 96

Stat. 2594; Pub. L. 104–49, §5(a), Nov. 15, 1995, 109

Stat. 434; Pub. L. 104–88, title III, §333, Dec. 29,

1995, 109 Stat. 953.)

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsecs. (b)(2)(D) and (d), is the effective date of Pub. L.

97–470, which is ninety days from the date of enactment

of Pub. L. 97–470, which was approved Jan. 14, 1983.

CODIFICATION

In subsec. (b)(2)(D), ‘‘section 31502 of title 49’’ substituted for ‘‘section 3102 of title 49’’ on authority of

Pub. L. 103–272, §§1(c), (e), 6(b), July 5, 1994, 108 Stat.

745, 862, 1029, 1378. Previously, ‘‘section 3102 of title 49’’

substituted for ‘‘section 204(a)(3a) of the Interstate