2023 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.