An Act to provide for the registration of contractors of migrant agricultural workers, and for other purposes
PL 88-582 (S.524), enacted 09/07/1964

920 
PUBLIC LAW 88-582-SEPT. 7, 1964 
[78 STAT. 
Public Law 88-582 
September 7. 1964 
A N A C T 
^^' ^^'^^ 
To provide for the registration of contractors of migrant agricultural workers, 
and for other purposes. 
Be it enacted by the /Senate and House of Representatives 
of the 
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^
^ ^ _ United States of Annerica in Congress assembled^ That this Act 
t^atVon^Ac't of^"" Hiaj be cited as the "Farm Labor Contractor Registration Act of 
1963. 
1963". 
Farm Labor 
Contractor Regis' 
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY 
SEC. 2. (a) The Congress hereby finds that the channels and in-
strumentalities of interstate commerce are being used by certain ir-
responsible contractors for the services of the migrant agricultural 
laborers who exploit producers of agricultural products, migrant ag-
ricultural laborers, and the public generally, and that, as a result of 
the use of the channels and instrumentalities of interstate commerce 
by such irresponsible contractors, the flow of interstate commerce 
has been impeded, obstructed, and restrained. 
(b) It is therefore the policy of this Act to remove the impedi-
ments, obstructions, and restraints occasioned to the flow of interstate 
commerce by the activities of such irresponsible contractors by requir-
ing that all persons engaged in the activity of contracting for the 
services of workers for interstate agricultural employment comply 
with the provisions of this Act and all regulations prescribed here-
under by the Secretary of Labor. 
DEFINITIONS 
SEC. 3. As used in this Act— 
(a) The term "person" includes any individual, partnership, asso-
ciation, joint stock company, trust, or corporation. 
(b) The term "farm labor contractor" means any person, who, for 
a fee, either for himself or on behalf of another person, recruits, 
solicits, hires, furnishes, or transports ten or more migrant workers 
(excluding members of his immediate family) at any one time in 
any calendar year for interstate agricultural employment. 
Such term 
shall not include (1) any nonprofit charitable organization, public 
or nonprofit private educational institution, or similar organization; 
(2) any farmer, processor, canner, ginner, packing shed operator, or 
nurseryman who engages in any such activity for the purpose of 
supplying migrant workers solely for his own operation; (3) any 
full-time or regular employee of any entity referred to in (1) or (2) 
above; or (4) any person who engages in any such activity for the 
purpose of obtaining migrant workers of any foreign nation for em-
ployment in the United States, if the employment of such workers 
is subject to (A) an agreement between the United States and such 
foreign nation, or (B) an arrangement with the government of any 
foreign nation under which written contracts for the employment of 
such workers are provided for and the enforcement thereof is provided 
for in the United States by an instrumentality of such foreign nation. 
(c) The term "fee" includes any money or other valuable considera-
tion paid or promised to be paid to a person for services as a farm 
labor contractor. 
(d) The term "interstate agricultural employment" means employ-
ment in any service or activity included within the provisions of sec-
tion 3(f) of the Fair Labor Standards Act of 1938, as amended (29 
52 Stat. 1060. 
XJ.S.C. 203(f)), or section 3121(g) of the Internal Revenue Code of 
52 Stat. 1060. 
78 STAT. ] 
PUBLIC LAW 88-582-SEPT. 7, 1964 
921 
1954 (26 U.S.C. 3121 (g)), when such service or activity is performed 
^^A stat. 424. 
by an individual worker who has been transported from, one State to 
another or from any place outside of a State to any place within a 
State. 
(e) The term "Secretary" means the Secretary of the United States 
Department of Labor or his duly authorized representative. 
(f) 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. 
(g) The term "migrant worker" means an individual whose primary 
employment is in agriculture, as defined in section 3(f) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(f)), or who performs 
agricultural labor, as defined in section 3121(g) of the Internal Reve-
nue Code of 1954 (26 U.S.C. 3121(g)), on a seasonal or other tem-
porary basis. 
CERTIFICATE OF REGISTRATION REQUIRED 
SEC. 4. (a) No person shall engage in activities as a farm labor con-
tractor unless he first obtains a certificate of registration from the 
Secretary, and unless such certificate is in full force and effect and is 
in such person's immediate possession. 
(b) A. full-time or regular employee of any person holding a valid 
certificate of registration under the provisions of this Act shall not, 
for the purpose of engaging in activities as a farm labor contractor 
solely on behalf of such person, be required to obtain a certificate of 
registration hereunder in his own name. Any such employee shall 
be required to have in his immediate personal possession when engag-
ing in such activities such identification as the Secretary may require 
showing such employee to be an employee of, and duly authorized 
to engage in activities as a farm labor contractor for, a person holding 
a valid certificate of registration under the provisions of this Act. 
Except as provided in the foregoing provisions of this subsection, any 
such employee shall be subject to the provisions of this Act and regu-
lations prescribed hereunder to the same extent as if he w^ere required 
to obtain a certificate of registration in his own name. 
ISSUANCE OF CERTIFICATE OF REGISTRATION 
SEC. 5. (a) The Secretary shall, after appropriate investigation, 
issue a certificate of registration under this Act to any person who— 
(1) has executed and filed with the Secretary a written appli-
cation subscribed and sworn to by the applicant containing such 
information (to the best of his knowledge and belief) concerning 
his conduct and method of operation as a farm labor contractor 
as the Secretary may require in order effectively to carry out the 
provisions of this Act; 
(2) has filed, within such time as the Secretary may prescribe, 
proof satisfactory to the Secretary of the financial responsibility 
of the applicant or proof satisfactory to the Secretary of the 
existence of a policy of insurance which insures such applicant 
against liability for damages to persons or property arising out 
of the applicant's ownership of, operation of, or his causing to 
be operated any vehicle for the transj)ortation of migrant workers 
in connection with his business, activities, or operations as a farm 
labor contractor. The amount of any such policy of insurance 
shall be not less than the amount required under the law or regu-
lation of any State in which such applicant operates a vehicle in 
connection with his business, activities, or operations as a farm 
labor contractor: but in no event shall the amount of such insur-
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PUBLIC LAW 88-582-SEPT. 7, 1964 
[78 STAT. 
ance be less than $5,000 for bodily injuries to or death of one 
person; $20,000 for bodily injuries to or death of all persons 
injured or killed in any one accident; $5,000 for the loss or damage 
in any one accident to property of others; and 
(3) has filed, within such time as the Secretary may prescribe, 
a set of his fingerprints. 
(b) Upon notice and hearing in accordance with regulations pre-
scribed by him, the Secretary may refuse to issue, and may suspend, 
revoke, or refuse to renew a certificate of registration to any farm 
labor contractor if he finds that such contractor— 
(1) knowingly has made any misrepresentations or false state-
ments in his application for a certificate of registration or any 
renewal thereof; 
(2) knowingly has given false or misleading information to 
migrant workers concerning the terms, conditions, or existence of 
agricultural employment; 
(3) has failed, without justification, to perform agreements 
entered into or arrangements with farm operators; 
(4) has failed, without justification, to comply with the terms 
of any working arrangements he has made with migrant workers; 
(5) has failed to show financial responsibility satisfactory to 
the Secretary required by subsection (a) (2) of this section or has 
failed to keep in effect a policy of insurance required by subsection 
(a)(2) of this section; 
(6) has recruited, employed, or utilized the services of a person 
with knowledge that such person is violating the provisions of the 
immigration and nationality laws of the United States; 
(7) has been convicted of any crime under State or Federal 
law relating to gambling or to the sale, distribution, or possession 
of alcoholic liquors in connection with or incident to his activities 
as a farm labor contractor; or has been convicted of any crime 
under State or Federal law involving robbery, bribery, extortion, 
embezzlement, grand larceny, burglary, arson, violation of nar-
cotics laws, murder, rape, assault with intent to kill, assault which 
inflicts grievous bodily injury, or prostitution; 
(8) has failed to comply with rules and regulations promul-
gated by the Interstate Commerce Commission that are applicable 
to his activities and operations in interstate commerce; 
(9) knowingly employs or continues to employ any person to 
whom subsection (b) of section 4 of this Act applies who has 
taken any action, except for that listed in paragraph (5) of 
this subsection, which could be used by the Secretary under this 
subsection to refuse to issue a certificate of registration; or 
(10) has failed to comply with any of the provisions of this 
Act or any regulations issued hereunder. 
(c) A certificate of registration, once issued, may not be transferred 
or assigned and shall be effective for the remainder of the calendar 
year during which it is issued, unless suspended or revoked by the 
Secretary as provided in this Act. 
A certificate of registration may 
be renewed each calendar year upon approval by the Secretary of an 
application for its renewal. 
OBLIGATIONS AND PROHIBITIONS 
SEC. 6. Every farm labor contractor shall— 
(a) carry his certificate of registration with him at all times 
while engaging in activities as a farm labor contractor and ex-
hibit the same to all persons with whom he intends to deal in his 
capacity as a farm labor contractor prior to so dealing; 
78 STAT. ] 
PUBLIC LAW 88-582-SEPT. 7, 1964 
923 
(b) ascertain and disclose to each worker at the time the 
worker is recruited the following information to the best of 
his knowledge and belief: (1) the area of employment, (2) 
the crops and operations on which he may be employed, (3) the 
transportation, housing, and insurance to be provided him, (4) 
the wage rates to be paid him, and (5) the charges to be made 
by the contractor for his services; 
(c) upon arrival at a given place of employment, post in a 
conspicuous place a written statement of the terms and condi-
tions of that employment; 
(d) in the event he manages, supervises, or otherwise controls 
the housing facilities, post in a conspicuous place the terms and 
conditions of occupancy; and 
(e) in the event he pays migrant workers engaged in interstate 
agricultural employment, either on his own behalf or on behalf 
of another person, keep payroll records which shall show for each 
worker total earnings in each payroll period, all withholdings from 
wages, and net earnings. In addition, for workers employed on 
a time basis, the number of units of time employed and the rate per 
unit of time shall be recorded on the payroll records, and for 
workers employed on a piece rate basis, the number of units of 
work performed and the rate per unit shall be recorded on such 
records. 
In addition he shall provide to each migrant worker 
engaged in interstate agricultural employment with whom he deals 
in a capacity as a farm labor contractor a statement of all sums 
paid to him (including sums received on behalf of such migrant 
worker) on account of the labor of such migrant worker. He shall 
also provide each such worker with an itemized statement showing 
all sums withheld by him from the amount he received on account 
of the labor of such worker, and the purpose for which withheld. 
The Secretary may prescribe an appropriate form for recording 
such information. 
AUTHORITY TO OBTAIN 
INFORMATION 
SEC. 7. The Secretary or his designated representative may investi-
gate and gather data with respect to matters which may aid in carrying 
out the provisions of this Act. In any case in which a complaint has 
been filed with the Secretary regarding a violation of this Act or with 
respect to which the Secretary has reasonable grounds to believe that 
a farm labor contractor has violated any provisions of this-Act, the 
Secretary or his designated representative may investigate and gather 
data respecting such case, and may, in connection therewith, enter and 
inspect such places and such records (and make such transcriptions 
thereof), question such persons, and investigate such facts, conditions, 
practices, or matters as may be necessary or appropriate to determine 
whether a violation of this Act has been committed. 
AGREEMENTS W I T H FEDERAL AND STATE AGENCIES 
SEC. 8. The Secretary is authorized to enter into agreements with 
Federal and State agencies, to utilize (pursuant to such agreements) 
the facilities and services of the agencies, and to delegate to the 
agencies such authority, other than rulemaking, as he deems neces-
sary in carrying out the provisions of this Act, and to allocate or 
transfer funds or otherwise to pay or to reimburse such agencies for 
expenses in connection therewith. 
60 Stat. 237. 
924 
PUBLIC LAW 88-582-SEPT. 7, 1964 
[78 STAT. 
PENALTY PROVISIONS 
SEC. 9. Any farm labor contractor or employee thereof who will-
fully and knowingly violates any provision of this Act or any regu-
lation prescribed hereunder shall be fined not more than $500. 
APPLICABILITY OF ADMINISTRATIVE PROCEDUEE ACT 
SEC. 10. The provisions of the Administrative Procedure Act 
(5 U.S.C. 1001 and the following) shall apply to all administrative 
proceedings conducted pursuant to the authority contained in this 
Act. 
JUDICIAL REVIEW 
SEC. 11. Any person aggrieved by anj order of the Secretary in 
refusing to issue or renew, or in suspending or revoking, a certificate 
of registration may obtain a review of any such order by filing in 
the district court of the United States for the district wherein such 
person resides or has his principal place of business, or in the United 
States District Court for the District of Columbia, and serving upon 
the Secretary, within thirty days after the entry of such order, a 
written petition praying that the order of the Secretary be modified 
or set aside in whole or in part. 
Upon receipt of any such petition, 
the Secretary shall file in such court a full, true, and correct copy of 
the transcript of the proceedings upon which the order complained 
of was entered. 
Upon the filing of such petition and receipt of such 
transcript, such court shall have jurisdiction to affirm, set aside, 
modify, or enforce such order, in whole or in part. 
In any such 
review, the findings of fact of the Secretary shall not be set aside if 
supported by substantial evidence. The judgment and decree of the 
court shall be final, subject to review as provided in sections 1254 
Jl^l^';.l^^'' 
and 1291 of title 28, United States Code. 
05 btat. 72o. 
' 
STATE LAWS AND REGULATIONS 
SEC. 12. This Act and the provisions contained herein are intended 
to supplement State action and compliance with this Act shall not 
excuse anyone from compliance with appropriate State law and 
regulation. 
SEVERABILITY 
SEC. 13. If any provision of this Act, or the application thereof to 
any person or circumstance, shall be held invalid, the remainder of 
the Act and the application of such provision to other persons or 
circumstances shall not be affected thereby. 
RULES AND REGULATIONS 
SEC. 14. The Secretary is authorized to issue such rules and regu-
lations as he determines necessary for the purpose of carrying out the 
provisions of sections 4,5,6, and 8 of this Act. 
EFFECTIVE DATE 
SEC. 15. The provisions of this Act shall become effective on Jan-
uary 1, 1965. 
Approved September 7, 1964.