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