Migrant and Seasonal

Agricultural Worker

Protection Act as Amended 

U.S. Department of Labor

Employment Standards Administration

Wage and Hour Division 

WH Publication 1465 

Revised November 1997 
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THE MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT,

AS AMENDED1

(29 U.S.C. 1801, et seq.)

1 This publication contains the original text of the Migrant and Seasonal Agricultural Worker Protection Act, Public Law

97-470, January 14, 1983, as set forth in 96 Stat. 2583, revised to reflect the changes effected by two amendments (which

may be found in official text at the cited pages of the Statutes at Large): (1) The Immigration Reform and Control Act of

1986, Pub. Law 99-603, 100 Stat. 3359; (2) The Act of November 15,1995, Pub. Law 104-49,109 Stat. 432. The original text

of the Migrant and Seasonal Agricultural Worker Protection Act is set in the Century typeface. Added or amended

language as enacted by the two amendments is represented by the following typefaces:

Amendment Typeface Date Enacted Public Law Statute at Large 

(1) 1986 Century Boldface 11/6/86 99-603 100 Stat. 3359

(2) 1995 Century Light Italics 11/15/95 104-49 109 Stat. 432

The footnotes in this publication show where changes in the original text have been made and refer to the specific

amendments, so that a comparison of the official texts may be made. 

This publication has been approved by the Office of the Solicitor, U.S. Department of Labor. 

i

MIGRANT AND SEASONAL 

AGRICULTURAL 

WORKER PROTECTION 

ACT AS AMENDED 

(29 U.S.C. 1801 et seq.) 

AN ACT 

To provide for the protection of migrant 

and seasonal agricultural workers and 

for the registration of contractors of migrant and seasonal agricultural labor 

and for other purposes. 

Be it enacted by the Senate and House 

of Representatives of the United States 

of America in Congress assembled, 

SHORT TITLE; 

TABLE OF CONTENTS 

SEC. 1 This Act, together with the following table of contents, may be cited 

as the ''Migrant and Seasonal Agricultural Worker Protection Act.'' 

TABLE OF CONTENTS 

Sec. 1. Short title; table of contents. 

Sec. 2. Purpose. 

Sec. 3. Definitions. 

Sec. 4. Application of Act. 

TITLE I -

FARM LABOR CONTRACTORS 

Sec. 101. Certificate of registration required. 

Sec. 102. Issuance of certificate of registration. 

Sec. 103. Registration determinations. 

Sec. 104. Transfer or assignment; expiration; renewal. 

Sec. 105. Notice of address change; 

amendment of certificate of registration.2 

TITLE II -

MIGRANT AGRICULTURAL

WORKER PROTECTIONS

Sec. 201. Information and recordkeeping requirements. 

Sec. 202. Wages, supplies, and other 

working arrangements. 

Sec. 203. Safety and health of housing. 

TITLE III -

SEASONAL AGRICULTURAL

WORKER PROTECTIONS

Sec. 301. Information and recordkeeping requirements. 

Sec. 302. Wages, supplies, and other 

working arrangements. 

TITLE IV -

FURTHER PROTECTIONS

FOR MIGRANT AND SEASONAL

AGRICULTURAL WORKERS

Sec. 401. Motor vehicle safety. 

Sec. 402. Confirmation of registration. 

Sec. 403. Information on employment 

conditions. 

Sec. 404. Compliance with written 

agreements. 

TITLE V -

GENERAL PROVISIONS

Part A - Enforcement Provisions 

Sec. 501. Criminal sanctions. 

2The 1986 amendment (sec. 101 (b) of Pub. Law 

99-603) deleted a Table of Contents entry - "Sec. 

106. Prohibition against employing illegal aliens." 

- along with the corresponding portion of the 

original statutory text (see note 4, infra). 

Sec. 502. Judicial enforcement. 

Sec. 503. Administrative sanctions. 

Sec. 504. Private right of action. 

Sec. 505. Discrimination prohibited. 

Sec. 506. Waiver of rights. 

Part B - Administrative Regulations 

Sec. 511. Rules and regulations. 

Sec. 512. Authority to obtain information. 

Sec. 513. Agreements with Federal and 

State agencies. 

Part C - Miscellaneous Provisions 

Sec. 521. State laws and regulations. 

Sec. 522. Transition provisions. 

Sec. 523. Repealer. 

Sec. 524. Effective date. 

PURPOSE 

SEC. 2. It is the purpose of this Act to 

remove the restraints on commerce 

caused by activities detrimental to migrant and seasonal agricultural workers; 

to require farm labor contractors to register under this Act; and to assure necessary protections for migrant and seasonal agricultural workers, agricultural 

associations, and agricultural employers. 

DEFINITIONS 

SEC. 3. As used in this Act -

(1) The term "agricultural association" means any nonprofit or cooperative association of farmers, growers, or 

ranchers, incorporated or qualified under applicable State law, which recruits, 

solicits, hires, employs, furnishes, or 

transports any migrant or seasonal agricultural worker. 

1 
(2) The term "agriculture employer" means any person who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed or 

nursery, or who produces or conditions 

seed, and who either recruits, solicits, 

hires, employs, furnishes, or transports 

any migrant or seasonal agricultural 

worker. 

(3) The term "agricultural employment" means employment in any 

service or activity included within the 

provisions of section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 

203(f)), or section 3121 (g) of the Internal Revenue Code of 1954 (26 U.S.C. 

3121(g)) and the handling, planting, drying, packing, packaging, processing, 

freezing, or grading prior to delivery for 

storage of any agricultural or horticultural commodity in its unmanufactured 

state. 

(4) The term "day-haul operation" 

means the assembly of workers at a 

pick-up point waiting to be hired and employed, transportation of such workers 

to agricultural employment, and the return of such workers to a drop-off point 

on the same day. 

(5) The term "employ" has the 

meaning given such term under section 

3(g) of the Fair Labor Standards Act of 

1938 (29 U.S.C. 203(g)) for the purposes of implementing the requirements 

of that Act. 

(6) The term "farm labor contracting activity" means recruiting, soliciting, 

hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker. 

(7) The term "farm labor contractor" means any person, other than an 

agricultural employer, an agricultural 

association, or an employee of an agricultural employer or agricultural association, who, for any money or other 

valuable consideration paid or promised 

to be paid, performs any farm labor contracting activity. 

(8) (A) Except as provided in subparagraph (B), the term "migrant agricultural worker" means an individual 

who is employed in agricultural employment of a seasonal or other temporary 

nature, and who is required to be absent overnight from his permanent place 

of residence. 

(B) The term "migrant agricultural worker" does not include ­

(i) any immediate family 

member of an agricultural employer or

a farm labor contractor; or 

(ii) any temporary nonimmigrant alien who is authorized to work

in agricultural employment in the United

States under sections 101(a)(15)(H)(ii) 3 

and 214(c) of the Immigration and Nationality Act. 

(9) The term "person" means any 

individual, partnership, association, joint 

stock company, trust, cooperative, or 

corporation. 

(10) (A) Except as provided in subparagraph (B), the term "seasonal agricultural worker" means an individual 

who is employed in agricultural employment of a seasonal or other temporary 

nature and is not required to be absent 

overnight from his permanent place of 

residence ­

(i) when employed on a 

farm or ranch performing field work related to planting, cultivating, or harvesting operations; or 

(ii) when employed in canning, packing, ginning, seed conditioning or related research, or processing 

operations, and transported, or caused 

to be-transported, to or from the place 

of employment by means of a day-haul 

operation. 

(B) The term "seasonal agricultural worker" does not include ­

(i) any migrant agricultural worker; 

(ii) any immediate family 

member of an agricultural employer or

a farm labor contractor; or 

(iii) any temporary nonimmigrant alien who is authorized to work

3 To be more specific, add "(a)" to citation thusly: 

Sections 101(a)(15)(H)(ii)(a). 

in agricultural employment in the United 

States under sections 101 (a)(15)(H) (ii)3 

and 214(c) of the Immigration and Nationality Act. 

(11) The term "Secretary" means the 

Secretary of Labor or the Secretary's 

authorized representative. 

(12) The term "State" means any of 

the States of the United States, the District of Columbia, the Virgin Islands, the 

Commonwealth of Puerto Rico, and 

Guam. 

APPLICABILITY OF ACT 

SEC. 4. (a) The following persons are 

not subject to this Act: 

(1) Family business exemption. - Any individual who engages in a farm 

labor contracting activity on behalf of a 

farm, processing establishment, seed 

conditioning establishment, cannery, 

gin, packing shed, or nursery, which is 

owned or operated exclusively by such 

individual or an immediate family member of such individual, if such activities 

are performed only for such operation 

and exclusively by such individual or an 

immediate family member, but without 

regard to whether such individual has 

incorporated or otherwise organized for 

business purposes. 

(2) Small business exemption. - Any person, other than a farm labor contractor, for whom the man-days exemption for agricultural labor provided 

under section 13(a)(6)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 

213(a)(6)(A)) is applicable. 

(3) Other exemptions. -

(A) Any common carrier which 

would be a farm labor contractor solely 

because the carrier is engaged in the 

farm labor contracting activity of transporting any migrant or seasonal agricultural worker. 

(B) Any labor organization, as 

defined in section 2(5) of the Labor 

Management Relations Act (29 U.S.C. 

152(5)) (without regard to the exclusion 

2 
of agricultural employees in that Act 4

 ) 

or as defined under applicable State labor relations law. 

(C) Any nonprofit charitable organization or public or private nonprofit 

educational institution. 

(D) Any person who engages 

in any farm labor contracting activity 

solely within a twenty-five mile intrastate radius of such person's permanent 

place of residence and for not more than 

thirteen weeks per year. 

(E) Any custom combine, hay 

harvesting, or sheep shearing operation. 

(F) Any custom poultry harvesting, breeding, debeaking, desexing, 

or health service operation provided the 

employees of the operation are not regularly required to be away from their permanent place of residence other than 

during their normal working hours. 

(G) (i) Any person whose

principal occupation or business is not 

agricultural employment, when supplying full-time students or other individuals whose principal occupation is not 

agricultural employment to detassel, 

rogue, or otherwise engage in the production of seed and to engage in related 

and incidental agricultural employment, 

unless such full-time students or other 

individuals are required to be away from 

their permanent place of residence overnight or there are individuals under eighteen years of age who are providing 

transportation on behalf of such person. 

(ii) Any person to the extent he is supplied with students or other 

individuals for agricultural employment 

in accordance with clause (i) of this subparagraph by a person who is exempt 

under such clause. 

(H) (i) Any person whose 

principal occupation or business is not 

agricultural employment, when supplying full-time students or other individuals whose principal occupation is not 

agricultural employment to string or harvest shade grown tobacco and to engage in related and incidental agricul4 29 U.S.C.A. § 141 et seq. 

tural employment, unless there are individuals under eighteen years of age 

who are providing transportation on behalf of such person. 

(ii) Any person to the extent he is supplied with students or other 

individuals for agricultural employment 

in accordance with clause (i) of this subparagraph by a person who is exempt 

under such clause. 

(1) Any employee of any person described in subparagraphs (A) 

through (H) when performing farm labor contracting activities exclusively for 

such person. 

(b) Title I of this Act does not apply to 

any agricultural employer or agricultural 

association or to any employee of such 

an employer or association. 

TITLE I -

FARM LABOR CONTRACTORS 

CERTIFICATE OF REGISTRATION 

REQUIRED 

SEC. 101. (a) No person shall engage 

in any farm labor contracting activity, 

unless such person has a certificate 

of registration from the Secretary specifying which farm labor contracting 

activities such person is authorized to 

perform. 

(b) A farm labor contractor shall not 

hire, employ, or use any individual to 

perform farm labor contracting activities 

unless such individual has a certificate 

of registration, or a certificate of registration as an employee of the farm labor 

contractor employer, which authorizes 

the activity for which such individual is 

hired, employed, or used. The farm labor contractor shall be held responsible 

for violations of this Act or any regulation under this Act by any employee 

regardless of whether the employee 

possesses a certificate of registration 

based on the contractor's certificate of 

registration. 

(c) Each registered farm labor contractor and registered farm labor contractor 

employee shall carry at all times while 

engaging in farm labor contracting activities a certificate of registration and, 

upon request, shall exhibit that certificate to all persons with whom they intend to deal as a farm labor contractor 

or farm labor contractor employee. 

(d) The facilities and the services 

authorized by the Act of June 5, 1933 

(29 U.S.C. 49 et seq. ), known as the

Wagner-Peyser Act, shall be denied to 

any farm labor contractor upon refusal 

or failure to produce, when asked, a 

certificate of registration. 

ISSUANCE OF CERTIFICATE 

OF REGISTRATION 

SEC. 102. The Secretary, after appropriate investigation and approval, shall 

issue a certificate of registration (including a certificate of registration as an employee of a farm labor contractor) to any 

person who has filed with the Secretary 

a written application containing the following: 

(1) a declaration, subscribed and 

sworn to by the applicant, stating the 

applicant's permanent place of residence, the farm labor contracting activities for which the certificate is requested, 

and such other relevant information as 

the Secretary may require; 

(2) a statement identifying each vehicle to be used to transport any migrant 

or seasonal agricultural worker and, if 

the vehicle is or will be owned or controlled by the applicant, documentation 

showing that the applicant is in compliance with the requirements of section 

401 of this title with respect to each such 

vehicle; 

(3) a statement identifying each 

facility or real property to be used to 

house any migrant agricultural worker 

and, if the facility or real property is or 

will be owned or controlled by the applicant, documentation showing that the 

applicant is in compliance with section 

203 of this title with respect to each such 

facility or real property; 

(4) a set of fingerprints of the applicant, and 

3 
(5) a declaration, subscribed and 

sworn to by the applicant, consenting to the designation by a court of the 

Secretary as an agent available to accept service of summons in any action 

against the applicant, if the applicant has 

left the jurisdiction in which the action is 

commenced or otherwise has become 

unavailable to accept service. 

REGISTRATION DETERMINATIONS 

SEC. 103. (a) In accordance with regulations, the Secretary may refuse to issue or renew, or may suspend or revoke, 

a certificate of registration (including a 

certificate of registration as an employee 

of a farm labor contractor) if the applicant or holder -

(1) has knowingly made any misrepresentation in the application for such 

certificate; 

(2) is not the real party in interest 

in the application or certificate of registration and the real party in interest is a 

person who has been refused issuance 

or renewal of a certificate, has had a 

certificate suspended or revoked, or 

does not qualify under this section for a 

certificate; 

(3) has failed to comply with this 

Act or any regulation under this Act; 

(4) has failed -

(A) to pay any court judgment 

obtained by the Secretary or any other 

person under this Act or any regulation under this Act or under the Farm 

Labor Contractor Registration Act of 

1963 [7 U.S.C.A. § 2041 et seq.] or any 

regulation under such Act, or 

(B) to comply with any final order issued by the Secretary as a result 

of a violation of this Act or any regulation under this Act or a violation of the 

Farm Labor Contractor Registration Act 

of 1963 or any regulation under such 

Act; 

(5) has been convicted within the 

preceding five years -

(A) of any crime under State or 

Federal law relating to gambling, or to 

the sale, distribution or possession of 

alcoholic beverages, in connection with 

or incident to any farm labor contracting activities; or 

(B) of any felony under State or 

Federal law involving robbery, bribery, 

extortion, embezzlement, grand larceny, 

burglary, arson, violation of narcotics 

laws, murder, rape, assault with intent 

to kill, assault which inflicts grievous 

bodily injury, prostitution, peonage, or 

smuggling or harboring individuals who 

have entered the United States illegally; 

or 

(6) has been found to have violated paragraph (1) or (2) of Section 

274A(a) of the Immigration and Nationality Act. 5

(b) (1) The person who is refused the 

issuance or renewal of a certificate or 

whose certificate is suspended or revoked under subsection (a) shall be afforded an opportunity for agency hearing, upon request made within thirty 

days after the date of issuance of the 

5 The 1986 amendment (sec. 101 (b) of Pub. Law

99-603) added this provision regarding employment of illegal aliens. The referenced provisions 

of the Immigration and Nationality Act (8 U.S.C. 

1324a(a)(1) and (2)) read as follows: 

(a) (1) IN GENERAL. - It is unlawful for a person or other entity -

(A) to hire, or to recruit or refer for a fee, 

for employment in the United States, an alien 

knowing the alien is an unauthorized alien (as 

defined in subsection (h)(3)) [of this INA section]

with respect to such employment, or 

(B) (i) to hire for employment in the United

States an individual without complying with the

requirements of subsection (b) [of this INA section] or (ii) if the person or entity is an agricultural

association, agricultural employer, or farm labor

contractor (as defined in section 3 of the Migrant

and Seasonal Agricultural Worker Protection Act),

to hire, or to recruit or refer for a fee, for employment in the United States an individual without 

complying with the requirements of subsection (b)

[of this INA section]. 

(2) CONTINUING EMPLOYMENT - It is unlawful for a person or other entity, after hiring an

alien for employment in accordance with paragraph (1) [of this INA subsection], to continue to

employ the alien in the United States knowing the

alien is (or has become) an unauthorized alien

with respect to such employment. 

notice of the refusal, suspension, or revocation. In such hearing, all issues 

shall be determined on the record pursuant to section 554 of title 5, United 

States Code. If no hearing is requested 

as herein provided, the refusal, suspension, or revocation shall constitute 

a final and unappealable order. 

(2) If a hearing is requested, the 

initial agency decision shall be made by 

an administrative law judge, and such 

decision shall become the final order unless the Secretary modifies or vacates 

the decision. Notice of intent to modify 

or vacate the decision of the administrative law judge shall be issued to the 

parties within thirty days after the decision of the administrative law judge. A 

final order which takes effect under this 

paragraph shall be subject to review 

only as provided under subsection (c). 

(c) Any person against whom an order 

has been entered after an agency hearing under this section may obtain review 

by the United States district court for any 

district in which he is located or the 

United States District Court for the District of Columbia by filing a notice of 

appeal in such court within thirty days 

from the date of such order, and simultaneously sending a copy of such notice by registered mail to the Secretary. 

The Secretary shall promptly certify and 

file in such court the record upon which 

the order was based. The findings of 

the Secretary shall be set aside only if 

found to be unsupported by substantial 

evidence as provided by section 706(2) 

(E) of title 5, United States Code. Any 

final decision, order, or judgment of such 

District Court concerning such review 

shall be subject to appeal as provided 

in Chapter 83 of title 28, United States 

Code. 

TRANSFER OR ASSIGNMENT; 

EXPIRATION; RENEWAL 

SEC. 104. (a) A certificate of registration may not be transferred or assigned. 

(b) (1) Unless earlier suspended or 

revoked, a certificate shall expire twelve 

4 
months from the date of issuance, except that (A) certificates issued under 

this Act during the period beginning 

December 1, 1982, and ending November 30, 1983, may be issued for a 

period of up to twenty-four months for 

the purpose of an orderly transition to 

registration under this Act, (B) a certificate may be temporarily extended by the 

filing of an application with the Secretary at least thirty days prior to its expiration date, and (C) the Secretary may 

renew a certificate for additional twelvemonth periods or for periods in excess 

of twelve months but not in excess of 

twenty-four months. 

(2) Eligibility for renewals for periods of more than twelve months shall 

be limited to farm labor contractors who 

have not been cited for a violation of this 

Act, or any regulation under this Act, or 

the Farm Labor Contractor Registration 

Act of 1963, 6 or any regulation under 

such Act, during the preceding five 

years. 

NOTICE OF ADDRESS CHANGE; 

AMENDMENT OF CERTIFICATE 

OF REGISTRATION 

SEC. 105. During the period for which 

the certificate of registration is in effect, 

each farm labor contractor shall ­

(1) provide to the Secretary within 

thirty days a notice of each change of 

permanent place of residence; and 

(2) apply to the Secretary to amend 

the certificate of registration whenever 

the farm labor contractor intends to ­

(A) engage in another farm labor contracting activity, 

(B) use, or cause to be used, 

another vehicle than that covered by the 

certificate to transport any migrant or 

seasonal agricultural worker, or 

(C) use, or cause to be used, 

another real property or facility to house 

6 7 U.S.C.A. § 2041 et seq. 

any migrant agricultural worker than that 

covered by the certificate.7 

TITLE II -

MIGRANT AGRICULTURAL

WORKER PROTECTIONS

INFORMATION AND 

RECORDIKEEPING REQUIREMENTS 

SEC. 201. (a) 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 1986 amendment (sec. 101 (b) of Pub. Law 

99-603) deleted the following original statutory text 

regarding employment of illegal aliens: 

PROHIBITION AGAINST EMPLOYING 

ILLEGAL ALIENS 

SEC. 106. (a) No farm labor contractor shall recruit, hire, employ, or use, with knowledge, the 

services of any individual who is an alien not lawfully admitted for permanent residence or who has 

not been authorized by the Attorney General to 

accept employment. 

(b) A farm labor contractor shall be considered 

to have complied with subsection (a) if the farm 

labor contractor demonstrates that the farm labor 

contractor relied in good faith on documentation 

prescribed by the Secretary, and the farm labor 

contractor had no reason to believe the individual 

was an alien referred to in subsection (a). 

(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. 8 

(b) 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 

Act, 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). 

Such employer shall provide upon request, a written statement of the information described in subsection (a). 

(c) Each farm labor contractor, agricultural employer, and agricultural association which provides housing for any migrant agricultural worker shall post in a 

8 The 1995 amendment (Sec. 4(a) of Pub. Law 

104-49) added this requirement for disclosure regarding workers' compensation insurance. 

5 
conspicuous place or present to such 

worker a statement of the terms and 

conditions, if any, of occupancy of such 

housing. 

(d) 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) 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). The recipient of such records 

shall keep them for a period of three 

years from the end of the period of employment. 

(f) 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). 

(g) (1) 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. 

WAGES, SUPPLIES, AND OTHER 

WORKING ARRANGEMENTS 

SEC. 202. (a) 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) 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) 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. 

SAFETY AND HEALTH OF HOUSING 

SEC. 203. (a) Except as provided in 

subsection (c), 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) (1) Except as provided in subsection (c) 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). Each such 

person shall retain the original certification for three years and shall make it 

available for inspection and review in 

accordance with section 512. 

(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) 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. 

TITLE III -

SEASONAL AGRICULTURAL

WORKER PROTECTIONS

INFORMATION AND 

RECORDIKEEPING REQUIREMENTS 

SEC. 301. (a) (1) Each farm labor contractor, agricultural employer, and agricultural association which recruits any 

seasonal agricultural worker (other than 

day-haul workers described in section 

6 
3(10)(A)(ii)) 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 

(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. 9 

(2) Each farm labor contractor, 

agricultural employer, and agricultural 

association which recruits seasonal 

agricultural workers through use of a 

9 The 1995 amendment (sec. 4(b) of Pub. Law 

104-49) added this requirement for disclosure 

regarding workers' compensation insurance. 

day-haul operation described in section 

3(10)(A)(ii) shall ascertain and disclose 

in writing to the worker at the place of 

recruitment the information described in 

paragraph (1). 

(b) 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 

Act, 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). Such employer shall provide, upon 

request, a written statement of the information described in subsection (a). 

(c) Each farm labor contractor, agricultural employer, and agriculture 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 

tor 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). The recipient of these records 

shall keep them for a period of three 

years from the end of the period of employment. 

(e) 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). 

(f) 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. 

WAGES, SUPPLIES, AND OTHER 

WORKING ARRANGEMENTS 

SEC. 302. (a) 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) No farm labor contractor, agricultural employer, or agricultural association shall require any seasonal agricul­

(2) provide to each such worker for tural worker to purchase any goods or 

each pay period, an itemized written services solely from such farm labor 

statement of the information required by contractor, agricultural employer, or agparagraph (1) of this subsection. ricultural association. 

(d) (1) Each farm labor contractor shall (c) No farm labor contractor, agricultural

provide to any other farm labor contrac- employer, or agricultural association 

7 
shall, without justification, violate the 

terms of any working arrangement made 

by that contractor, employer, or association with any seasonal agricultural 

worker. 

TITLE IV -

FURTHER PROTECTIONS FOR

MIGRANT AND SEASONAL

AGRICULTURAL WORKERS

MOTOR VEHICLE SAFETY 

SEC. 401. (a) (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) (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, 

(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 11 of the Interstate Commerce Act 

(49 U.S.C. 301 et seq.), or any successor provision of subtitle IV of Title 49, 

United States Code, 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 Act. 

(D) In the event that the Secretary fails for any reason to prescribe 

standards under subparagraph (A) by 

the effective date of this Act, the Standards prescribed under section 204 

(a) (3a) of the Interstate Commerce Act 

(49 U.S.C. 304(a)(3a)), 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 fort in paragraph (2)(b) and similar farmworker transportation requirements 

under State law. 10 

(c) 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) The Secretary shall, by regulations 

promulgated in accordance with section 

511 not later than the effective date of 

this Act, prescribe the standards re1OThe 1995 amendment (sec. 5(a) of Pub. Law 

204-49) added this provision, in substitution for 

the following original statutory text regarding vehicle insurance: 

(3) The level of the insurance required by 

paragraph (1) (C) shall be at least the amount currently required for common carriers of passengers under part 11 of the Interstate Commerce Act 

(49 U.S.C. 301 et seq.), and any successor provision of subtitle IV of title 49, United States Code, 

and regulations prescribed thereunder. 

8 
quired 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. 

CONFIRMATION OF REGISTRATION 

SEC. 402. No person shall utilize the 

services of any farm labor contractor to 

supply any migrant or seasonal agricultural worker unless the person first takes 

reasonable steps to determine that the 

farm labor contractor possesses a certificate of registration which is valid and 

which authorizes the activity for which 

the contractor is utilized. In making that 

determination, the person may rely upon 

either possession of a certificate of registration, or confirmation of such registration by the Department of Labor. The 

Secretary shall maintain a central public registry of all persons issued a certificate of registration. 

INFORMATION ON EMPLOYMENT 

CONDITIONS 

SEC. 403. Each farm labor contractor, 

without regard to any other provisions 

of this Act, shall obtain at each place of 

employment and make available for inspection to every worker he furnishes 

for employment, a written statement of 

the conditions of such employment as 

described in sections 201 (b) and 301 (b) 

of this Act. 

COMPLIANCE WITH WRITTEN 

AGREEMENTS 

SEC. 404. (a) No farm labor contractor 

shall violate, without justification, the 

terms of any written agreements made 

with an agricultural employer or an agricultural association pertaining to any 

contracting activity or worker protection 

under this Act. 

(b) Written agreements under this 

section do not relieve a person of any 

responsibility that such person would 

otherwise have under this Act. 

TITLE V -

GENERAL PROVISIONS

PART A - ENFORCEMENT 

PROVISIONS 

CRIMINAL SANCTIONS 

SEC. 501. (a) Any person who willfully

and knowingly violates this Act or any 

regulation under this Act shall be fined 

not more than $1,000 or sentenced to 

prison for a term not to exceed one year, 

or both. Upon conviction for any subsequent violation of this Act or any regulation under this Act, the defendant shall 

be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both. 

(b) If a farm labor contractor who commits a violation of paragraph (1) or (2) 

of section 274A(a) of the Immigration 

and Nationality Act11 has been refused 

issuance or renewal of, or has failed to 

obtain, a certificate of registration or is 

a farm labor contractor whose certificate 

has been suspended or revoked, the 

contractor shall, upon conviction, be 

fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both. 

JUDICIAL ENFORCEMENT 

SEC. 502. (a) The Secretary may petition any appropriate district court of the 

United States for temporary or permanent injunctive relief if the Secretary 

determines that this Act, or any regulation under this Act, has been violated. 

11 The 1986 amendment (sec. 202(b) of Pub. Law 

99-603) added this reference to the Immigration 

and Nationality Act prohibition on employment of 

illegal aliens, in substitution for original statutory 

text to the same effect. (See note 4 supra.) 

(b) Except as provided in section 518(a) 

of title 28, United States Code, relating 

to litigation before the Supreme Court, 

the Solicitor of Labor may appear for and 

represent the Secretary in any civil litigation brought under this Act, but all such 

litigation shall be subject to the direction and control of the Attorney General. 

ADMINISTRATIVE SANCTIONS 

SEC. 503. (a) (1) Subject to paragraph 

(2), any person who commits a violation of this Act or any regulation under 

this Act, may be assessed a civil money 

penalty of not more than $1,000 for each 

violation. 

(2) In determining the amount of 

any penalty to be assessed under paragraph (1), the Secretary shall take into 

account (A) the previous record of the 

person in terms of compliance with this 

Act and with comparable requirements 

of the Farm Labor Contractor Registration Act of 1963, 12 and with regulations 

promulgated under such Acts, and (B) 

the gravity of the violation. 

(b) (1) the person assessed shall be 

afforded an opportunity for agency hearing, upon request made within thirty 

days after the date of issuance of the 

notice of assessment. In such hearing, 

all issues shall be determined on the 

record pursuant to section 554 of title 

5, United States Code. If no hearing is 

requested as herein provided, the assessment shall constitute a final and 

unappealable order. 

(2) If a hearing is requested, the 

initial agency decision shall be made by 

an administrative law judge, and such 

decision shall become the final order unless the Secretary modifies or vacates 

the decision. Notice of intent to modify 

or vacate the decision of the administrative law judge shall be issued to the 

parties within thirty days after the decision of the administrative law judge. A 

final order which takes effect under this 

paragraph shall be subject to review 

only as-provided under subsection (c). 

12 7 U.S.C.A. § 2491 et seq. 

9 
(c) Any person against whom an order 

imposing a civil money penalty has been 

entered after an agency hearing under 

this section may obtain review by the 

United States district court for any district in which he is located or the United 

States district court for the District of 

Columbia by filing a notice of appeal in 

such court within thirty days from the 

date of such order, and simultaneously 

sending a copy of such notice by registered mail to the Secretary. The Secretary shall promptly certify and file in such 

court the record upon which the penalty 

was imposed. The findings of the Secretary shall be set aside only if found to 

be unsupported by substantial evidence 

as provided by section 706 (2) (E) of title 

5, United States Code. Any final decision, order, or judgment of such District 

Court concerning such review shall be 

subject to appeal as provided in Chapter 83 of title 28, United States Code. 

(d) If any person fails to pay an assessment after it has become a final and 

unappealable order, or after the court 

has entered final judgment in favor of 

the agency, the Secretary shall refer the 

matter to the Attorney General, who 

shall recover the amount assessed by 

action in the appropriate United States 

district court. In such action the validity 

and appropriateness of the final order 

imposing the penalty shall not be subject to review. 

(e) All penalties collected under authority of this section shall be paid into the 

Treasury of the United States. 

PRIVATE RIGHT OF ACTION 

SEC. 504. (a) Any person aggrieved 

by a violation of this Act or any regulation under this Act by a farm labor contractor, agriculture employer, agricultural association, or other person may 

file suit in any district court of the United 

States having jurisdiction of the parties, 

without respect to the amount in controversy and without regard to the citizenship of the parties and without regard to exhaustion of any alternative administrative remedies provided herein. 

10 

(b) Upon application by a complainant 

and in such circumstances as the court 

may deem just, the court may appoint 

an attorney for such complainant and 

may authorize the commencement of 

the action. 

(c) (1 ) If the court finds that the respondent has intentionally violated any provision of this Act or any regulation under this Act, it may award damages up 

to and including an amount equal to the 

amount of actual damages, or statutory 

damages of up to $500 per plaintiff per 

violation or other equitable relief, except 

that (A) multiple infractions of a single 

provision of this Act or of regulations 

under this Act shall constitute only one 

violation for purposes of determining the 

amount of statutory damages due 

plaintiff; and (B) if such complaint is certified as a class action, the court shall 

award no more than the lesser of up to 

$500 per plaintiff per violation, or up to 

$500,000 or other equitable relief. 

(2) In determining the amount of 

damages to be awarded under paragraph (1), the court is authorized to consider whether an attempt was made to

resolve the issues in dispute before the 

resort to litigation. 

(3) Any civil action brought under 

this section shall be subject to appeal 

as provided in chapter 83 of title 28, 

United States Code. 

(d) (1) Notwithstanding any other provision of this Act, where a State workers' compensation law is applicable and coverage is

provided for a migrant or seasonal agricultural worker, the workers' compensation 

benefits shall be the exclusive remedy for loss 

of such worker under this Act in the case of 

bodily injury or death in accordance with 

such State's workers' compensation law. 

(2) The exclusive remedy prescribed by 

paragraph (1) precludes the recovery under 

subsection (c) of actual damages for loss 

from an injury or death but does not preclude recovery under subsection (c) for statutory damages or equitable relief, except that 

such relief shall not include back or front 

pay or in any manner, directly or indirectly, 

expand or otherwise alter or affect (A) a recovery under a State workers' compensation 

law or (B) right conferred under a State 

workers' compensation law.13 

(e) If the court finds in an action which is

brought by or for a worker under subsection 

(a) in which a claim for actual damages is 

precluded because the worker's injury is covered by a State workers' compensation law 

as provided by subsection (d) that 

(1) (A) the defendant in the action violated section 401 (b) by knowingly requiring or permitting a driver to drive a vehicle 

for the transportation of migrant or seasonal 

agricultural workers while under the influence of alcohol or a controlled substance (as 

defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) and the defendant had actual knowledge of the driver's 

condition, and 

(B) such violation resulted in injury to or death of the migrant or seasonal 

worker by or for whom the action was 

brought and such injury or death arose out 

of and in the course of employment as determined under the State workers' compensation law, 

(2) (A) the defendant violated a safety

standard prescribed by the Secretary under 

section 401(b) which the defendant was determined in a previous judicial or administrative proceeding to have violated, and 

(B) such safety violation resulted 

in an injury or death described in paragraph 

(1) (B), 

(3) (A) (i) the defendant willfully

disabled or removed a safety device prescribed by the Secretary under section 

401 (b), or 

(ii) the defendant in conscious disregard of the requirements of section 401 (b) failed to provide a safety device 

required under such section, and 

(B) such disablement, removal, or 

failure to provide a safety device resulted in 

an injury or death described in paragraph 

(1) (B), or 

13 The 1995 amendment (Sec. 1 of Pub. Law 104-

49) added this provision regarding State workers' 

compensation insurance as an exclusive remedy. 
(4) (A) the defendant violated a safety 

standard prescribed by the Secretary under 

section 401(b), 

(B) such safety violation resulted

in an injury or death described in paragraph 

(1) (B), and 

(C) the defendant at the time of the 

violation of section 401 (b) also was 

(i) an unregistered farm labor contractor in violation of section 101(a), 

or 

(ii) a person who utilized the

services of a farm labor contractor of the type 

specified in clause (i) without taking reasonable steps to determine that the farm labor contractor possessed a valid certificate 

of registration authorizing the performance 

of the farm labor contracting activities which 

the contractor was requested or permitted to 

perform with the knowledge of such person. 

The court shall award not more than 

$10,000 per plaintiff per violation with respect to whom the court made the finding 

described in paragraph (1), (2), (3), or (4), 

except that multiple infractions of a single 

provision of this Act shall constitute only one 

violation for purposes of determining the 

amount of statutory damages due to a plaintiff under this subsection and in the case of 

a class action, the court shall award not more 

than the lesser of up to $10,000 per plaintiff 

or up to $500,000 for all plaintiffs in such 

class action.14 

(f) If it is determined under a State workers' compensation law that the workers' 

compensation law is not applicable to a 

claim for bodily injury or death of a migrant 

or seasonal agricultural worker, the statute 

of limitations for bringing an action for actual damages for such injury or death under subsection (a) shall be tolled for the

period during which the claim for such injury or death under such State workers' compensation law was pending. The statute of 

limitations for an action for other actual 

damages, statutory damages, or equitable 

relief arising out of the same transaction or 

occurrence as the injury or death of the migrant or seasonal agricultural worker shall 

14 The 1995 amendment (sec. 2 of Pub. Law 104-

49) added this provision regarding damages in 

private actions. 

be tolled for the period during which the 

claim for such injury or death was pending 

under the State workers' compensation 

law. 15 

DISCRIMINATION PROHIBITED 

SEC. 505. (a) No person shall intimidate, threaten, restrain, coerce, 

blacklist, discharge, or in any manner 

discriminate against any migrant or seasonal agricultural worker because such 

worker has, with just cause, filed any 

complaint or instituted, or caused to be 

instituted, any proceeding under or related to this Act, or has testified or is 

about to testify in any such proceedings, 

or because of the exercise, with just 

cause, by such worker on behalf of himself or others of any right or protection 

afforded by this Act. 

(b) A migrant or seasonal agricultural 

worker who believes, with just cause, 

that he has been discriminated against 

by any person in violation of this section may, within 180 days after such violation occurs, file a complaint with the 

Secretary alleging such discrimination. 

Upon receipt of such complaint, the Secretary shall cause such investigation to 

be made as he deems appropriate. If 

upon such investigation, the Secretary 

determines that the provisions of this 

section have been violated, the Secretary shall bring an action in any appropriate United States district court 

against such person. In any such action the United States district courts shall 

have jurisdiction, for cause shown, to restrain violation of subsection (a) and 

order all appropriate relief, including rehiring or reinstatement of the worker, 

with back pay, or damages. 

WAIVER OF RIGHTS 

SEC. 506. Agreements by employees 

purporting to waive or to modify their 

15The 1995 amendment (sec. 3 of Pub. Law 104-

49) added this provision regarding the tolling of 

the statute of limitations. 

rights under this Act shall be void as 

contrary to public policy, except that a 

waiver or modification of rights in favor 

of the Secretary shall be valid for purposes of enforcement of this Act. 

PART B - Administrative Provisions 

RULES AND REGULATIONS 

SEC. 511. The Secretary may issue 

such rules and regulations as are necessary to carry out this Act, consistent 

with the requirements of chapter 5 of title 

5, United States Code. 

AUTHORITY TO OBTAIN 

INFORMATION 

SEC. 512. (a) To carry out this Act the 

Secretary, either pursuant to a complaint 

or otherwise, shall, as may be appropriate, investigate, and in connection 

therewith, enter and inspect such places 

(including housing and vehicles) and 

such records (and make transcriptions 

thereof), question such persons and 

gather such information to determine 

compliance with this Act, or regulations 

prescribed under this Act. 

(b) The Secretary may issue subpoenas requiring the attendance and testimony of witnesses or the production of 

any evidence in connection with such 

investigations. The Secretary may administer oaths, examine witnesses, and 

receive evidence. For the purpose of 

any hearing or investigation provided for 

in this Act, the authority contained in 

sections 9 and 10 of the Federal Trade 

Commission Act (15 U.S.C. 49, 59), relating to the attendance of witnesses 

and the production of books, papers, 

and documents, shall be available to the 

Secretary. The Secretary shall conduct 

investigations in a manner which protects the confidentiality of any complainant or other party who provides information to the Secretary in good faith. 

(c) It shall be a violation of this Act for 

any person to unlawfully resist, oppose, 

1 1 
impede, intimidate, or interfere with any

official of the Department of Labor assigned to perform an investigation, inspection, or law enforcement function 

pursuant to this Act during the performance of such duties. 

AGREEMENTS WITH FEDERAL 

AND STATE AGENCIES 

SEC. 513. (a) The Secretary may enter into agreements with Federal and 

State agencies (1) to use their facilities 

and services, (2) to delegate, subject to 

subsection (b), to Federal and State 

agencies such authority, other than 

rulemaking, as may be useful in carrying out this Act, and (3) to allocate or 

transfer funds to, or otherwise pay or 

reimburse, such agencies for expenses 

incurred pursuant to agreements under 

clause (1) or (2) of this section. 

(b) Any delegation to a State agency 

pursuant to subsection (a)(2) shall be 

made only pursuant to a written State 

plan which 

(1) shall include a description of the 

functions to be performed, the methods 

12 

of performing such functions, and the 

resources to be devoted to the performance of such functions; and 

(2) provides assurances satisfactory to the Secretary that the State 

agency will comply with its description 

under paragraph (1) and that the State 

agency's performance of functions so 

delegated will be at least comparable 

to the performance of such functions by 

the Department of Labor. 

PART C - MISCELLANEOUS 

PROVISIONS 

STATE LAWS AND REGULATIONS 

SEC. 521. This Act is intended to supplement State law, and compliance with 

this Act shall not excuse any person 

from compliance with appropriate State 

law and regulation. 

TRANSITION PROVISION 

SEC. 522. The Secretary may deny a 

certificate of registration to any farm labor contractor, as defined in this Act, 

who has a judgment outstanding against 

him under the Farm Labor Contractor 

Registration Act of 1963 (7 U.S.C. 2041 

et seq.), or is subject to a final order 

of the Secretary under that Act assessing a civil money penalty which has not 

been paid. Any findings under the Farm 

Labor Contractor Registration Act of 

1963 may also be applicable to determinations of willful and knowing violations under this Act. 

REPEALER 

SEC. 523. The Farm Labor Contractor 

Registration Act of 1963 (7 U.S.C. 2041 

et seq.), is repealed. 

EFFECTIVE DATE 

SEC. 524. The provisions of this Act 

shall take effect ninety days from the 

date of enactment, and shall be classified to title 29, United States Code.