NY Lab L § 212-A (2021)
2021 New York Laws LAB - Labor Article 7 - General Provisions 212-A - Migrant Registration Law.

§  212-a.  Migrant  registration  law. 1. Definitions. As used in this section:   a. "Farm labor contractor" includes:  (1) Any person who, for a fee, recruits, transports, supplies or hires farm or food processing workers to work for,  or  under  the  direction, supervision, or control of, a third person; or  (2)  Any  person  who recruits, transports, supplies, or hires farm or food processing workers and who, for  a  fee,  directs,  supervises,  or controls all or any part of the work of such workers.   The  term  "farm  labor  contractor"  shall  not include an employment agency licensed in accordance with the provisions of article  eleven  of the  general  business  law.  The term "farm labor contractor" shall not include a person who is a grower or  processor  as  defined  herein  who recruits or hires workers for work on his farm or in his plant.   b.  "Fee"  includes  any money or other valuable consideration paid or promised to be paid to a farm labor contractor for  the  performance  of any of the services enumerated in paragraph a of this subdivision.   c.  "Grower  or processor" means any person who is the owner or lessee of a farm or food processing plant.   d. "Person" includes any individual, firm,  partnership,  cooperative, association, or corporation.   2. Farm labor contractor.   a.  No  person  shall act as a farm labor contractor unless he holds a valid certificate of registration issued by the commissioner.   b. The application for such certificate of registration shall be  made on  a  form prescribed by the commissioner, shall contain information on wages, working conditions, housing and on  such  other  matters  as  the commissioner  may prescribe. It shall be countersigned by each grower or processor who utilizes the services of such farm  labor  contractor,  as provided   in   subdivision   three  of  this  section.  Copies  of  the application, or summaries  thereof  containing  the  above  information, shall  be  made available by the commissioner to the registrant, and the registrant shall give a copy to each worker, preferably at the  time  of recruitment,  but  in  no  event  later than the time of arrival in this state if the worker comes from outside of the  state,  or  the  time  of commencement  of  work  if  the worker does not come from outside of the state. A copy shall also be kept posted at all times  in  a  conspicuous place in any camp in which such workers are housed. Each applicant shall submit  his  or  her  fingerprints  with  his  or  her application for a certificate of registration. Such fingerprints shall be submitted to the division of criminal justice  services  for  a  state  criminal  history record  check,  as  defined in subdivision one of section three thousand thirty-five of the education law, and may be submitted  to  the  federal bureau of investigation for a national criminal history record check.   c.  Every  farm  labor  contractor shall keep payroll records for each worker of wage rates, wages earned, number of hours worked,  or  if  the worker is paid on a piecework basis the number of units produced, except that  in  the  case  of employees in the twelve to fourteen year-old age bracket, records of hours worked shall be kept,  regardless  of  whether employment be on hourly or piecework basis, all withholdings from wages, and  the net wages paid. Such payroll record shall be kept on a form and in a manner prescribed by the commissioner and shall  be  available  for inspection  by the commissioner or his duly authorized representative at any reasonable time.   d. Every farm labor contractor shall give to each  worker  with  every payment  of  wages  a  written statement showing the employer's name and address, the employee's name, the  worker's  wage  rate,  wages  earned, number  of  hours  worked, or if the worker is paid on a piecework basis  the number of units produced, except that in the case  of  employees  in the  twelve to fourteen year-old age bracket, the number of hours worked shall be shown,  regardless  of  whether  employment  be  on  hourly  or piecework  basis,  all  withholdings and other deductions fully itemized and explained from wages, and the net wages paid.   e. A farm labor contractor shall keep the certificate of  registration in  his  immediate  personal  possession  and  shall display it upon the request of the commissioner or his duly authorized representative.   3. Grower or processor who utilizes  the  services  of  a  farm  labor contractor.   a.  No  grower or processor shall utilize the services of a farm labor contractor unless such grower or processor has a certificate  issued  by the  commissioner  therefor, and the farm labor contractor is registered in accordance with the provisions  of  this  section.  The  commissioner shall  issue  to  such  grower  or  processor  a separate certificate of registration.   b. Every grower or processor who utilizes the services of a farm labor contractor shall countersign an application of the farm labor contractor for registration under subdivision two of this section, and shall  state that  the  information contained in such application is true to the best of his knowledge and belief.   c. If a farm labor contractor fails to comply with the  provisions  of subdivision  two  of  this  section  relating to the giving of copies of information to workers, the posting of a copy of such  information,  the keeping  of  payroll  records,  and  the  giving  of  wage statements to workers, the commissioner shall  notify  the  grower  or  processor  who utilizes  the  services of such farm labor contractor and responsibility for compliance shall thereafter be imposed on such grower  or  processor with  the  same  force and effect as though the grower or processor were primarily responsible for compliance.   d. Notwithstanding any other provision of this section,  a  grower  or processor may utilize the services of a registered farm labor contractor for not more than five days, provided, he shall within twenty-four hours after  the beginning of such utilization, countersign the application of such  farm  labor  contractor  as  provided  in  paragraph  b  of   this subdivision, and immediately thereafter transmit the said application to the commissioner.   4.  Grower  or  processor  who does not utilize the services of a farm labor contractor.   a. Every grower or processor who, without utilizing the services of  a farm  labor  contractor,  brings  into  the  state or is responsible for bringing into the state five or more out-of-state migrant farm  or  food processing  workers shall, in each instance, prior to the importation of such  workers,  obtain  a   certificate   of   registration   from   the commissioner.   b.  The  application  for  such  registration  shall be made on a form prescribed by the commissioner,  shall  contain  information  on  wages, working   conditions,   housing,  and  on  such  other  matters  as  the commissioner may prescribe. Copies  of  the  application,  or  summaries thereof containing the above information, shall be made available by the commissioner  to the registrant, and the registrant shall give a copy to each worker, preferably at the time of  recruitment,  but  in  no  event later  than the time of arrival in this state. A copy shall also be kept posted at all times in a conspicuous place in any  camp  in  which  such workers are housed.   c.  Every such grower or processor shall keep payroll records for each worker of wage rates, wages earned, number of hours worked,  or  if  the worker is paid on a piecework basis the number of units produced, except  that  in  the  case  of employees in the twelve to fourteen year-old age bracket, records of hours worked shall be kept,  regardless  of  whether employment be on hourly or piecework basis, all withholdings from wages, and the net wages paid. Such payroll records shall be kept on a form and in  a  manner  prescribed by the commissioner and shall be available for inspection by the commissioner or his duly authorized representative  at any reasonable time.   d. Every such grower or processor shall give to each worker with every payment  of  wages,  a written statement showing the worker's wage rate, wages earned, number of hours worked, or if the  worker  is  paid  on  a piecework basis the number of units produced, except that in the case of employees  in the twelve to fourteen year-old age bracket, the number of hours worked shall be shown, regardless  of  whether  employment  be  on hourly  or  piecework  basis,  all  withholdings from wages, and the net wages paid.   5. The commissioner may refuse to  grant,  or  suspend,  or  revoke  a certificate  of a farm labor contractor or of a grower or processor when he finds that such person:   a. Has failed to comply with any of the provisions of this chapter, or has been convicted of any crime or offense, except traffic  infractions; or   b.  Has  made  any  misrepresentations  or  false  statements  in  his application for a registration certificate; or   c.  Has  given  false  or  misleading  information  concerning  terms, conditions,  or  existence of employment to workers who are recruited or hired.   6. The commissioner shall not refuse, suspend, or revoke a certificate of a farm labor contractor or of a grower or processor unless, upon  due notice,  an  opportunity  to  be  heard  has  been given to such person; provided, however, that pending the determination of such  hearing,  the commissioner  may  temporarily suspend a certificate if, in his opinion, its suspension for such period is necessary to effectuate  the  purposes of this section.   7.  A  certificate  issued  under  this section shall terminate on the thirty-first day of March following issuance, unless sooner  revoked  by the commissioner, and it may not be transferred or assigned to any other person.   8.  The  commissioner shall submit to each person certified under this section  pertinent   information   concerning   workmen's   compensation insurance  and  farmers'  liability  insurance  with  medical  payments, including the rates for such protection, at the time of certification.   9. The commissioner may promulgate rules and regulations necessary  to carry out the provisions of this section.