Migrant and Seasonal Agricultural Worker Protection Act
PL 97-470 (H.R.7102), enacted 01/14/1983

PUBLIC LAW 97-470—JAN. 14, 1983 
96 STAT. 2583 
Public Law 97-470 
97th Congress 
An Act 
To provide for the protection of migrant and seasonal agricultural workers and for 
Jan. 14,1983 
the registration of contractors of migrant and seasonal agricultural labor and for 
—rm? ^moi— 
other purposes. 
[H.R. 7102] 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
Migrant and 
SHORT TITLE; TABLE OF CONTENTS 
W?rker^"^^^ 
SECTION 1. This Act, t<^ether with the following table of contents, 29 uaS^iloi^^ 
may be cited as the "IV^grant and Seasonal Agricultural Worker note. 
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-PARM LABOR CONTRACTORS 
Sec. 101. Certificate of r^pstration required. 
Sec. 102. Issuance of certificate of registration. 
Sec. 103. Registration determinations. 
Sec. 104. Truisfer or assignment; expiration; renewal. 
Sec. 105. Notice of address change; amendment of certificate of r^^ration. 
Sec. 106. Prohibition against employing illegal aliens. 
TITLE II—MIGRANT AGRICULTURAL WORKER PROTECHONS 
Sec. 201. Information and recordkeeping requirements. 
Sec. 202. Wages, supplies, and other working arrangements. 
Sec. 203. Safety and health of housing. 
TITLE in—SEASONAL AGRICULTURAL WORKER PROTECTIONS 
Sec. 301. Information and recordkeeping requirements. 
Sec. 302. Wages, supplies, and other working turrangements. 
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. 
Sec. 502. Judicied 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. 
96 STAT. 2584 
PUBLIC LAW 97-470—JAN. 14, 1983 
PART C—MISCELLANEOUS PROVISIONS 
Sec. 521. State laws and regulations. 
Sec. 522. Transition provision. 
Sec. 523. Repealer. 
Sec. 524. Effective date. 
PURPOSE 
29 use 1801. 
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 agri-
cultural employers. 
DEFINITIONS 
29 use 1802. 
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. 
(2) The term "agricultural employer" means any person who 
owns or operates a farm, ranch, processing establishment, can-
nery, gin, packing shed or nursery, or who produces or condi-
tions 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 Ckxie 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 emplo3anent, 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 require-
ments of that Act. 
(6) The term "farm labor contracting activity" means recruit-
ing, soliciting, hiring, emplo3dng, 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 associ-
ation, who, for any money or other valuable consideration paid 
or promised to be paid, performs any farm labor contracting 
activity. 
(8XA) 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 
PUBLIC LAW 97-470—JAN. 14, 1983 
96 STAT. 2585 
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) and 214(c) of the Immigra-
tion and Nationality Act. 
^SA^ ^^^^' 
(9) The term "person" means any individual, partnership, ^^^^• 
association, joint stock company, trust, cooperative, or 
corporation. 
(lOXA) Except as provided in subparagraph (B), the term 
"seasonal agricultural worker" means an individual who is 
employed in agricultural emplojnnent 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 oper-
ations; 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 in agricultural emplojrment in the United States 
under sections 101(aX15XHXii) and 214(c) of the Immigra-
tion 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 C!om-
monwealth of Puerto Rico, and Guam. 
APPUCABILITY OP ACT 
SEC. 4. (a) The following persons are not subject to this Act: 29 use 1803. 
(1) FAMILY BUSINESS EXEMPTION.—Any individual who engages 
in a farm labor contracting activity on behalf of a farm, process-
ing 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(aX6XA)) is applica-
ble. 
96 STAT. 2586 
PUBLIC LAW 97-470—JAN. 14, 1983 
(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 of agricultural employees in that Act) 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, de-
sexing, 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. 
(GXi) Any person whose principal occupation or business is 
not agricultural employment, when supplying full-time students 
or other individuals whose principal occupation is not agricul-
tural emplo3anent to detassel, rogue, or otherwise engage in the 
production of seed and to engage in related and incidental 
agricultural emplojonent, 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 emplo)anent 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 emplojnnent, when supplying full-time students 
or other individuals whose principal occupation is not agricul-
tural emplo3ni:ient to string or harvest shade grown tobacco and 
to engage in related and incidental agricultural 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. 
(I) Any employee of any person described in subparagraphs 
(A) through (H) when performing farm labor contractmg activi-
ties 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. 
PUBLIC LAW 97-470—JAN. 14, 1983 
96 STAT. 2587 
TITLE I—FARM LABOR CONTRACTORS 
CERTIFICATE OF REGISTRATION REQUIRED 
SEC. 101. (a) No person shall engage in any farm labor contracting 
29 USC 1811. 
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 regis-
tration 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 contrac-
tor employee. 
(d) The facilities and the services authorized by the Act of June 6, 
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 gisked, a certificate of registration. 
ISSUANCE OF CERTIFICATE OF REGISTRATION 
SEC. 102. The Secretary, after appropriate investigation and 
29 USC 1812. 
approval, shall issue a certificate of registration (including a certifi-
cate 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 trans-
port 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 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 com-
pliance with section 203 with respect to each such facility or 
real property; 
(4) a set of fingerprints of the applicant; and 
(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 
96 STAT. 2588 
PUBLIC LAW 97-470—JAN. 14, 1983 
which the action is commenced or otherwise has become 
unavailable to accept service. 
REGISTRATION DETERMINATIONS 
29 use 1813. 
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 applica-
tion 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 certifi-
cate, 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 
Post, p. 2600. 
Act of 1963 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 Regis-
tration Act of 1963 or any regulation under such Act; or 
(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 alco-
holic 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 infiicts grievous 
bodily injury, prostitution, peonage, or smuggling or har-
boring individuals who have entered the United States 
illegally. 
Hearing. 
0)X1) The person who is refused the issuance or renewal of a 
certificate or whose certificate is suspended or revoked under sub-
section (a) shall be afforded an opportunity for agency hearing, upon 
request made within thirty days after the date of issuance of the 
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). 
PUBLIC LAW 97-470—JAN. 14, 1983 
96 STAT. 2589 
(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(2XE) 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. 
28 u s e 1291 et 
TRANSFER OR ASSIGNMENT; EXPIRATION; RENEWAL 
seq. 
SEC. 104. (a) A certificate of r^istration may not be transferred or 29 use 1814. 
assigned. 
Ot)Xl) Unless earlier suspended or revoked, a certificate shall 
expire twelve months from the date of issuance, except that (A) 
certificates issued under this Act during the period beginning De-
cember 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 Secre-
tary at least thirty days prior to its expiration date, and (C) the 
Secretary may renew a certificate for additional twelve-month peri-
ods 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, or any regulation Post, p. 2600. 
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 registra- 2
9 use 1815. 
tion 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 registra-
tion 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 any migrant agricultural worker than that 
covered by the certificate. 
PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS 
SEC. 106. (a) No farm labor contractor shall recruit, hire, employ, 29 use 1816. 
or use, with knowledge, the services of any individual who is an 
96 STAT. 2590 
PUBLIC LAW 97-470—JAN. 14, 1983 
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 subsec-
tion (a). 
TITLE II—MIGRANT AGRICULTURAL WORKER 
PROTECTIONS 
INFORMATION AND RECORDKEEPING REQUIREMENTS 
29 use 1821. 
SEC. 201. (a) Each farm labor contractor, agricultural employer, 
and agricultural association which recruits any migrant agricul-
tural 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 emplojrment; 
(5) the transportation, housing, and any other employee bene-
. fit 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 stop-
page, slowdown, or interruption of operations by employees at 
the place of employment; and 
(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. 
(b) Each farm labor contractor, agricultural employer, and agri-
cultural association which employs any migrant agricultural worker 
shall, at the place of emplo3mient, post in a conspicuous place a 
poster provided by the Secretary setting forth the rights and protec-
tions afforded such workers under this Act, including the right of a 
migrant agricultural worker to have, upon request, a written state-
ment provided by the farm labor contractor, agricultural employer, 
or agricultural eissociation, of the information described in subsec-
tion (a). Such employer shall provide upon request, a written state-
ment of the information described in subsection (a). 
(c) Each farm labor contractor, agricultural employer, and agricul-
tural association which provides housing for any migrant agricul-
tural 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) Each farm labor contractor, agricultural employer, and agri-
cultural association which employs any migrant agricultural worker 
shall— 
(1) with respect to each such worker, make, keep, and pre-
serve records for three years of the following information: 
(A) the basis on which wages are paid; 
PUBLIC LAW 97-470—JAN. 14, 1983 
96 STAT. 2591 
(B) the number of piecework units earned, if paid on a 
piecework beisis; 
(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 para-
graph (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 mi-
grant agricultural workers, copies of all records with respect to each 
such worker which such farm labor contractor is required to retain 
by subsection (dXl). 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 agricul-
tural association shall knowingly provide false or misleading infor-
mation 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) 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 lan-
guage 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, SUPPUES, AND OTHER WORKING ARRANGEMENTS 
SEC. 202. (a) Each farm labor contractor, agricultural employer, 2
9 use 1822. 
and agricultural association which employs any migrant agricul-
tural worker shall pay the wages owed to such worker when due. 
O
t
)
) No farm labor contractor, agricultural employer, or agricul-
tural association shall require any migrant agricultural worker to 
purchase any goods or services solelv from such farm labor contrac-
tor, agricultural employer, or agricultural association. 
(c) No farm labor contractor, agricultural employer, or agricul-
tural association shall, without justification, violate the terms of any 
working arrangement made by that contractor, employer, or associ-
ation with any migrant agricultural worker. 
SAFETY A N D HEALTH OF HOUSING 
SEC. 203. (a) Except as provided in subsection (c), each person who 2
9 use 1823. 
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. 
(bXD 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 
96 STAT. 2592 
PUBLIC LAW 97-470—JAN. 14, 1983 
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 RECORDKEEPING REQUIREMENTS 
29 use 1831. 
SEC. 301. (a)(1) Each farm labor contractor, agricultural employer, 
and agricultural association which recruits any seasonal agricul-
tural worker (other than day-haul workers described in section 
3(10XAXii)) shall ascertain and, upon request, disclose in writing the 
following information when an oner of employment is made to such 
worker: 
(A) the place of emplojonent; 
(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 stop-
page, slowdown, or interruption of operations by employees at 
the place of employment; and 
(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. 
(2) Each farm labor contractor, agricultural employer, and agri-
cultural association which recruits seasonal agricultural workers 
through use of a day-haul operation described in section 3(10XAXii) 
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 agri-
cultural association which employs any seasonal agricultural 
worker shall, at the place of emplo3anent, post in a conspicuous 
place a poster provided by the Secretary setting forth the rights and 
PUBLIC LAW 97-470—JAN. 14, 1983 
96 STAT. 2593 
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, agricul-
tural employer, or agricultural association, of the information de-
scribed 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 agricul-
tural association which employs any seasonal agricultural worker 
shall— 
(1) with respect to each such worker, make, keep, and pre-
serve 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 para-
graph (1) of this subsection. 
(dXD 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 sea-
sonal agricultural workers, copies of all records with respect to each 
such worker which such farm labor contractor is required to retain 
by subsection (cKD- The recipient of these records shall keep them 
for a period of three years from the end of the period of emplojnnent. 
(e) No farm labor contractor, agricultural employer, or agricul-
tural Eissociation shall knowingly provide false or misleading infor-
mation 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, SUPPUES, AND OTHER WORKING ARRANGEMENTS 
SEC. 802. (a) Each farm labor contractor, agricultural employer, 29 use 1832. 
and agricultural association which employs any seasonal a^p-icul-
tural worker shall pay the wages owed to such worker when due. 
0)) No farm labor contractor, agricultural employer, or agricul-
tural association shall require any seasonal agricultural worker to 
purchase any goods or services solely from such farm labor contrac-
tor, agricultural employer, or agricultural association. 
(c) No farm labor contractor, agricultural employer, or agricul-
tural association shall, without justification, violate the terms of any 
working arrangement made by that contractor, employer, or associ-
ation with any seasonal agricultural worker. 
96 STAT. 2594 
PUBLIC LAW 97-470—JAN. 14, 1983 
TITLE IV—FURTHER PROTECTIONS FOR MIGRANT AND 
SEASONAL AGRICULTURAL WORKERS 
MOTOR VEHICLE SAFETY 
29 use 1841. 
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 pre-
scribed 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 (IXA), the Secretary shall pre-
scribe 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), con-
sider, 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 associ-
ations, 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 II of the Interstate Commerce Act (49 U.S.C. 
301 et seq.), or any successor provision of subtitle IV of title 49, 
49 use 10101. 
United States Code, or regulations issued thereunder, which is 
independently applicable to transportation to which this section 
appli*)s. 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 pre-
scribe standards under subparagraph (A) by the effective date of this 
Act, the standards prescribed under section 204(a)(3a) of the Inter-
state Commerce Act (49 U.S.C. 304(a)(3a)), relating to the transporta-
PUBLIC LAW 97-470—JAN. 14, 1983 
96 STAT. 2595 
tion 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 circum-
stances, 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 the insurance required by paragraph (1)(C) shall be 
at least the amount currently required for common carriers of 
passengers under part II 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. 
49 use loioi. 
(c) If an agricultural employer, agricultural association, or farm 
labor contractor is the employer of any migrant or seasonal agricul-
tural 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 subsec-
tion 
flaXlXC) 
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 cir-
cumstances 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 r^ulations promulgated in accordance 
with section 511 not later than the effective date of this Act, 
prescribe the standards required for the purposes of iniplementing 
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 29 use 1842. 
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 29 use 1843. 
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 employ-
ment as described in sections 201(b) and 301(b) of this Act. 
96 STAT. 2596 
PUBLIC LAW 97-470—JAN. 14, 1983 
COMPUANCE WITH WRITTEN AGREEMENTS 
29 use 1S44. 
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. 
O
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 
29 use 1851. 
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. 
O
b
) If a farm labor contractor who commits a violation of section 
106 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 
29 use 1852. 
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. 
(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 
29 use 1853. 
SEC 503. (aXD 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 Registra-
Post, p. 2600. 
tion Act of 1963, and with regulations promulgated under such Acts, 
and (B) the gravity of the violation. 
Hearing. 
Ot))(l) 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 
PUBLIC LAW 97-470—JAN. 14, 1983 
96 STAT. 2597 
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). 
(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 landings of the 
Secretary shall be set aside only if found to be unsupported by 
substantial evidence as provided by section 706(2XE) 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. 
28 use 1291 et 
(d) If any person fails to pay an assessment after it has become a *^9-
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 29 use 1854. 
regulation under this Act by a farm labor contractor, agricultural 
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. 
(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. 
(cXD 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 
plsuntiff 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 a plaintiff; and 
96 STAT. 2598 
PUBLIC LAW 97-470—JAN. 14, 1983 
(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 
28 use 1291 et 
appeal as provided in chapter 83 of title 28, United States Code. 
seq. 
DISCRIMINATION PROHIBITED 
29 use 1855. 
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 discrimina-
investigation. 
tion. 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 jurisdic-
tion, 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 
29 use 1856. 
SEC. 506. Agreements by employees purporting to waive or to 
modify their 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 
29 use 1861. 
SEC. 511. The Secretary may issue such rules and regulations as 
are necessary to carry out this Act, consistent with the requirements 
5 use 500 et seq. of chapter 5 of title 5, United States Code. 
AUTHORITY TO OBTAIN INFORMATION 
29 use 1862. 
SEC. 512. (a) To carry out this Act the Secretary, either pursuant 
to a complaint or otherwise, shall, as may be appropriate, investi-
gate, 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 infor-
PUBLIC LAW 97-470—JAN. 14, 1983 
96 STAT. 2599 
mation to determine compliance with this Act, or regulations 
prescribed under this Act. 
(b) The Secretary may issue subpenas 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, an^ 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, 50), 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, 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 29 use 1863. 
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 (aX2) 
shall be made only pursuant to a written State plan which— 
(1) shall include a description of the functions to be per-
formed, the methods 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 29usci87i. 
compliance with this Act shall not excuse any person from compli-
ance with appropriate State law and regulation. 
TRANSITION PROVISION 
SEC. 522. The Secretary may deny a certificate of registration to 29 use 1872. 
any farm labor contractor, as defined in this Act, who has a judg-
ment 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 Post, p. 2600. 
order of the Secretary under that Act assessing a civil money 
penalty which has not been paid. Any findings under the Farm 
96 STAT. 2600 
PUBLIC LAW 97-470—JAN. 14, 1983 
Infra. 
Labor Contractor Registration Act of 1963 may also be applicable to 
determinations of \\dllful 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 
29 use 1801 
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. 
Approved January 14, 1983. 
LEGISLATIVE HISTORY—H.R. 7102: 
HOUSE REPORT No. 97-885 (Comm. on Education and Labor). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Sept. 29, considered and passed House. 
Dec. 19, considered and passed Senate, amended. 
Dec. 20, House conciirred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983): 
Jan. 14, Presidential statement.