§ 516.33 Employees employed in agriculture pursuant to section 13(a)(6) or 13(b)(12) of the Act. ( a ) No records, except as required under paragraph (f) of this section, need be maintained by an employer who did not use more than 500 man-days[1] of agricultural labor in any quarter of the preceding calendar year, unless it can reasonably be anticipated that more than 500 man-days of agricultural labor will be used in at least one calendar quarter of the current calendar year. The 500 man-day test includes the work of agricultural workers supplied by crew leaders, or farm labor contractors, if the farmer is an employer of such workers, or a joint employer of such workers with the crew leader or farm labor contractor. However, members of the employer's immediate family are not included. (A “man-day” is any day during which an employee does agricultural work for 1 hour or more.)
( b ) If it can reasonably be anticipated that the employer will use more than 500 man-days of agricultural labor in at least one calendar quarter of the current calendar year, the employer shall maintain and preserve for each employee records containing all the information and data required by § 516.2(a) (1), (2) and (4) and, in addition, the following: ( 1 ) Symbols or other identifications separately designating those employees who are ( i ) Members of the employer's immediate family as defined in section 13(a)(6)(B) of the Act,
( ii ) Hand harvest laborers as defined in section 13(a)(6) (C) or (D), and
( iii ) Employees principally engaged in the range production of livestock as defined in section 13(a)(6)(E).
( 2 ) For each employee, other than members of the employer's immediate family, the number of man-days worked each week or each month.
( c ) For the entire year following a year in which the employer used more than 500 man-days of agricultural labor in any calendar quarter, the employer shall maintain, and preserve in accordance with §§ 516.5 and 516.6, for each covered employee (other than members of the employer's immediate family, hand harvest laborers and livestock range employees as defined in sections 13(a)(6) (B), (C), (D), and (E) of the Act) records containing all the information and data required by § 516.2(a) except paragraphs (a) (3) and (8).
( d ) In addition to other required items, the employer shall keep on file with respect to each hand harvest laborer as defined in section 13(a)(6)(C) of the Act for whom exemption is taken, a statement from each such employee showing the number of weeks employed in agriculture during the preceding calendar year.
( e ) With respect to hand harvest laborers as defined in section 13(a)(6)(D), for whom exemption is taken, the employer shall maintain in addition to paragraph (b) of this section, the minor's date of birth and name of the minor's parent or person standing in place of the parent.
( f ) Every employer (other than parents or guardians standing in the place of parents employing their own child or a child in their custody) who employs in agriculture any minor under 18 years of age on days when school is in session or on any day if the minor is employed in an occupation found to be hazardous by the Secretary shall maintain and preserve records containing the following data with respect to each and every such minor so employed: ( 1 ) Name in full,
( 2 ) Place where minor lives while employed. If the minor's permanent address is elsewhere, give both addresses,
( 3 ) Date of birth.
( g ) Where a farmer and a bona fide independent contractor or crew leader are joint employers of agricultural laborers, each employer is responsible for maintaining and preserving the records required by this section. Duplicate records of hours and earnings are not required. The requirements will be considered met if the employer who actually pays the employees maintains and preserves the records specified in paragraphs (c) and (f) of this section.
Footnotes -
516.33
[1] Sections 3(u) and 13(a)(6) of the Fair Labor Standards Act (29 U.S.C. 201 *et seq.*) set forth and define the term “man-day.”