Collapse to view only § 1821. Information and recordkeeping requirements
- § 1821. Information and recordkeeping requirements
- § 1822. Wages, supplies, and other working arrangements
- § 1823. Safety and health of housing
§ 1821. Information and recordkeeping requirements
(a) Written disclosure requirements imposed upon recruitersEach farm labor contractor, agricultural employer, and agricultural association which recruits any migrant agricultural 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 employment;
(5) the transportation, housing, and any other employee benefit 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 stoppage, slowdown, or interruption of operations by employees at the place of employment;
(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; and
(8) whether State workers’ compensation insurance is provided, and, if so, the name of the State workers’ compensation insurance carrier, the name of the policyholder of such insurance, the name and the telephone number of each person who must be notified of an injury or death, and the time period within which such notice must be given.
Compliance with the disclosure requirement of paragraph (8) for a migrant agricultural worker may be met if such worker is given a photocopy of any notice regarding workers’ compensation insurance required by law of the State in which such worker is employed. Such worker shall be given such disclosure regarding workers’ compensation at the time of recruitment or if sufficient information is unavailable at that time, at the earliest practicable time but in no event later than the commencement of work.
(b) Posting requirements imposed upon employers
(c) Posting or notice requirements imposed upon housing providers
(d) Recordkeeping and information requirements imposed upon employersEach farm labor contractor, agricultural employer, and agricultural association which employs any migrant agricultural worker shall—
(1) with respect to each such worker, make, keep, and preserve 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 paragraph (1) of this subsection.
(e) Furnishing of records by farm labor contractor; maintenance of records by recipient
(f) Prohibition on knowingly providing false or misleading information to workers
(g) Form and language requirements
(Pub. L. 97–470, title II, § 201, Jan. 14, 1983, 96 Stat. 2590; Pub. L. 104–49, § 4(a), Nov. 15, 1995, 109 Stat. 434.)
§ 1822. Wages, supplies, and other working arrangements
(a) Payment of wages
(b) Purchase of goods or services by worker
(c) Violation of terms of working arrangement
(Pub. L. 97–470, title II, § 202, Jan. 14, 1983, 96 Stat. 2591.)
§ 1823. Safety and health of housing
(a) Compliance with substantive Federal and State safety and health standards
(b) Certification that applicable safety and health standards met; posting of certificate of occupancy; retention of certificate and availability for inspection and review; occupancy prior to inspection
(1) 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 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 1862 of this title.
(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) Applicability to providers of housing on a commercial basis to the general public
(Pub. L. 97–470, title II, § 203, Jan. 14, 1983, 96 Stat. 2591.)