THE MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT, AS AMENDED1 (29 U.S.C. 1801, et seq.)
1986 Amendments are in Bold.
1995 Amendments are in Italics.
This publication has been approved by the Office of the Solicitor, U.S.
Department of Labor.
AN ACT
To provide for the protection of migrant and seasonal
agricultural workers and for the registration of contractors of migrant
and seasonal agricultural labor and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SHORT TITLE; TABLE OF CONTENTS
SEC. 1 This Act, together with the following table of contents,
may be cited as the "Migrant and Seasonal Agricultural Worker
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 - FARM LABOR CONTRACTORS
- Sec. 101. Certificate of registration required.
- Sec. 102. Issuance of certificate of registration.
- Sec. 103. Registration determinations.
- Sec. 104. Transfer or assignment; expiration; renewal.
- Sec. 105. Notice of address change; amendment of certificate of
registration.2
TITLE II - MIGRANT AGRICULTURAL WORKER PROTECTIONS
- Sec. 201. Information and recordkeeping requirements.
- Sec. 202. Wages, supplies, and other working arrangements.
- Sec. 203. Safety and health of housing.
TITLE III - SEASONAL AGRICULTURAL WORKER PROTECTIONS
- Sec. 301. Information and recordkeeping requirements.
- Sec. 302. Wages, supplies, andother working
arrangements.
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. Judicial 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.
Part C - Miscellaneous Provisions
- Sec. 521. State laws and regulations.
- Sec. 522. Transition provisions.
- Sec. 523. Repealer.
- Sec. 524. Effective date.
PURPOSE
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 agricultural
employers.
DEFINITIONS
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, cannery, gin, packing
shed or nursery, or who produces or conditions 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 Code 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 employment, 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 requirements of that Act.
(6) The term "farm labor contracting activity" means
recruiting, soliciting, hiring, employing, 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 association, who, for any
money or other valuable consideration paid or promised to be paid,
performs any farm labor contracting activity.
(8) (A) Except as provided in sub-paragraph (B), the term "migrant
agricultural worker" means an individual who is employed in
agricultural employment of a seasonal or other 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)3 and 214(c) of the Immigration and Nationality Act.
(9) The term "person" means any individual, partnership,
association, joint stock company, trust, cooperative, or corporation.
(10) (A) Except as provided in subparagraph (B), the term "seasonal
agricultural worker" means an individual who is employed in
agricultural employment 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 operations; 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 labor contractor; or
(iii) any temporary nonimmigrant alien who is authorized to work in
agricultural employment in the United States under sections 101(a)(15)(H)
(ii)3 and 214(c) of the Immigration 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 Commonwealth of
Puerto Rico, and Guam.
APPLICABILITY OF ACT
SEC. 4. (a) The following persons are not subject to this Act:
(1) Family business exemption. Any individual who engages in a farm
labor contracting activity on behalf of a farm, processing 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(a)(6)(A)) is applicable.
(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 Act4) 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, desexing, 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.
(G)(i) Any person whose principal occupation or business is not
agricultural employment, when supplying full-time students or other
individuals whose principal occupation is not agricultural employment to
detassel, rogue, or otherwise engage in the production of seed and to
engage in related and incidental agricultural employment, 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 employment 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 employment, when supplying full-time students or other
individuals whose principal occupation is not agricultural employment 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 contracting activities 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.
TITLE I -
FARM LABOR CONTRACTORS
CERTIFICATE OF REGISTRATION REQUIRED
SEC. 101. (a) No person shall engage in any farm labor
contracting 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) Afarm 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
registration 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 contractor employee.
(d) The facilities and the services authorized by the Act of June 5,
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 asked, a certificate of registration.
ISSUANCE OF CERTIFICATE OF REGISTRATION
SEC. 102. The Secretary, after appropriate investigation and
approval, shall issue a certificate of registration (including a
certificate 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 transport 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 of this
title 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 compliance with section 203 of this title
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 which the action is commenced or
otherwise has become unavailable to accept service.
REGISTRATION DETERMINATIONS
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 application 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 certificate, 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 Act of1963 [7 U.S.C.A. § 2041
et seq.] 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 Registration Act of 1963 or any regulation
under such Act;
(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 alcoholic 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
inflicts grievous bodily injury, prostitution, peonage, or smuggling or
harboring individuals who have entered the United States illegally; or
(6) has been found to have violated paragraph (1) or (2) of Section
274A(a) of the Immigration and Nationality Act.5
(b) (1) The person who is refused the issuance or renewal of a
certificate or whose certificate is suspended or revoked under subsection
(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. Afinal 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 has been entered after an agency
hearing under this section may obtain review bythe United States
district court for any district in which he is located or the United
States District Court for the District of Columbia byfiling 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(2) (E) 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.
TRANSFER OR ASSIGNMENT; EXPIRATION; RENEWAL
SEC. 104. (a) Acertificate of registration may not be
transferred or assigned.
(b)(1) 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 December 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 certificatemay be temporarily extended bythe
filingof an application with the Secretaryat least
thirty days prior to its expiration date, and (C) the Secretary may renew
a certificate for additional twelve month periods or for periods in excess
oftwelve months but not in excess of twenty-four months.
(2) Eligibility for renewals for periods of more than twelve months
shallbe limited to farm labor contractors whohave not
been cited for a violation of this Act, or any regulation under this Act,
or the Farm Labor Contractor Registration Act of 19636 or any regulation
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
registration 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 registration
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 certificate7.
TITLE II -
MIGRANT AGRICULTURAL WORKER PROTECTIONS
INFORMATION AND RECORDKEEPING REQUIREMENTS
SEC. 201. (a) Each farm labor contractor, agricultural employer,
and agricultural association which recruits any migrant agricultural
worker shall ascertain anddisclose in writing to each such worker
who is recruited for employment the following information at the time of
the worker'srecruitment:
(1)the place of employment;
(2)the wage rates to be paid;
(3)the crops and kinds of activities on which the workers maybe
employed;
(4)the period of employment;
(5)the transportation, housing, and any other employee benefit to be
provided, if any, and 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.8
(b) Each farm labor contractor, agricultural employer, and agricultural
association which employs any migrant agricultural worker shall, at the
place of employment, post in a conspicuous place a poster provided by the
Secretary setting forth the rights and protections afforded such workers
under this Act,including the right of a migrant agricultural worker to
have, upon request, a written statement provided bythe farm labor
contractor, agricultural employer, or agricultural association, of the
information described 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 agricultural
association which provides housing for any migrant agricultural 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
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 ofpiecework units earned, if paid on apiecework
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) 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 migrant agricultural
workers, copies of all records with respect to each such worker which such
farm labor contractor is required to retain by subsection (d)(1). 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 agricultural
association shall knowingly provide false or misleading information to any
migrant agriculturaal worker concerning the terms, conditions, or
existence of agricultural employment required to be disclosed by
subsection (a), (b), (c),or (d).
(g) (1) 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 language 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, SUPPLIES, AND OTHER WORKING ARRANGEMENTS
SEC. 202. (a) Each farm labor contractor, agricultural employer,
and agricultural association which employs any migrant agricultural worker
shall paythe wages owed to such worker when due.
(b) No farm labor contractor, agricultural employer, or agricultural
association shall require any migrant agricultural worker to purchase any
goods or services solely from such farm labor contractor, agricultural
employer, or agricultural association.
(c)No farm labor contractor, agricultural employer, or
agricultural association shall, without justification, violate the terms
of any working arrangement made by that contractor, employer, or
association with any migrant agricultural worker.
SAFETY AND HEALTH OF HOUSING
SEC. 203. (a) Except as provided in subsection (c),each
person who 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 heath standards applicable to to that housing.
(b) (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 byany
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
SEC. 301. (a)(1) Each farm labor contractor, agricultural
employer, and agricultural assoiciation which recruits any seasonal
agricultural woker(other than day-haul workers described in section
3(10)(A)(ii) shall ascertain and, upon request, disclose in writing the
following information when an offer of employment is made to such worker:
(A) the place of employment;
(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 strikeor other concerted work
stoppage, slowdown, or interruption of operations byemployees at
the place of employment;
(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; and
(H) whether State workers' compensation insurance is provided, and,
if so, the name of the State workers' compesation 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 suchnotice must be given. Compliance
with the disclosurerequirement of subparagraph (H) may be met if
such worker is given, upon request, aphotocopy of any notice
regarding workers' compensation insurance required by law of the State in
which such worker is employed. 9
(2) Each farm labor contractor, agricultural employer, and agricultural
association which recruits seasonal agricultural workers through use of a
day-haul operation described in section 3(l0)(A)(ii) 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 agricultural
association which employs any seasonal agricultural worker shall, at the
place of employment, post in a conspicuous place a poster provided by the
Secretary setting forth the rights and 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, agricultural employer, or agricultural association, of the
information described 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 agricultural
association which employs any seasonal 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.
(d) (1) Each farm labor contractor shall provide to any other farm labor
contract or and to any agricultural amployers and agricultural
association to which such farm labor contractor has furnished seasonal
agricultural workers, copies of all records with respect to each such
worker which such farm labor contractor is required to retain by
subsection (c)(1). The recipient of these records shall keep them for a
period of three years from the end of the period of employment.
(e) No farm labor contractor, agricultural employer, or agricultural
association shall knowingly provide false or misleading information 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, SUPPLIES, AND OTHER WORKING ARRANGEMENTS
SEC. 302. (a) Each farm labor contractor, agricultural employer,
and agricultural association which employs any seasonal agricultural
worker shall pay the wages owed to such worker when due.
(b) No farm labor contractor, agricultural employer, or agricultural
association shall require any seasonal agricultural worker to purchase any
goods or services solely from such farm labor contractor, agricultural
employers, or agricultural, association.
(c) No farm labor contractor, agricultural employer, or agricultural
association shall, without justification, violate the terms of any working
arrangement made bythat contractor, employer, or association with
any seasonal agricultural worker.
TITLE IV -
FURTHER PROTECTIONS FOR
MIGRANT AND SEASONAL
AGRICULTURAL WORKERS
MOTOR VEHICLE SAFETY
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 prescribed 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,
(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 (1)(A),the Secretary
shall prescribe 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),consider, among
other factors -
(i) the type of vehicle used,
(ii) the passenger capacity of the vehicle,
(iii) the distance which suchworkers will be carried in the
vehicle,
(iv) the typeof 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 associations, 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 11 of the Interstate Commerce Act (49 U.S.C. 301 et
seq.), or any successor provision of subtitle IV of Title 49, United
States Code, or regulations issued thereunder, which is independently
applicable to transportation to which this section applies. Aviolation
of any such standard shall also constitute a violation under this Act.
(D) In the event that the Secretary fails for any reason to prescribe
standards under subparagraph (A) by the effective date of this Act, the
standards prescribed under section 204 (a) (3a) of the Interstate Commerce
Act (49 U.S.C. 304(a)(3a)), relating to the transportation of migrant
workers, shall, for purposes of paragraph (1)(A), be deemed to be the
standards prescribed by the Secratary under this paragraph, and shall, as
appropriate and reasonable in the circumstances, 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 insurance required under paragraph (1)(C) shall be
determined by the Secretary considering at least the factors set forth in
paragraph (2)(B) and similar farmworker transportation requirements under
State law. 10
(c) If an agricultural employer, agricultural association, or farm labor
contractor is the employer of any migrant or seasonal agricultural 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 subsection (b)(1)(C) of this section
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 circumstances 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, byregulations promulgated in
accordance with section 511not later than the effective date of
this Act, prescribe the standards required for the purposes of
implementing 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. Noperson shall utilize the services of any
farm labor 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 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 employment as described in
sections 201 (b) and 301 (b) of this Act.
COMPLIANCE WITH WRITTEN AGREEMENTS
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.
(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
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, thedefendant shall be fined not more than $10,000
or sentenced to prison for aterm not to exceed three years, or
both.
(b) If a farm labor contractor who commits a violation of paragraph
(1) or (2) of section 274 A(a) of the Immigration and Nationality Act11
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
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
SEC. 503. (a) (1) 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 Registration Act of
1963,12 and with
regulations promulgated under such Acts, and (B) the gravity of
the violation.
(b)(1) 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 shall be
determined on the record pursuant to section 554 of title 5,United
States Code. Ifno 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
byan 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. Afinal 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
findings of the Secretary shall be set aside only if found to be
unsupported by substantial evidence as provided by section 706 (2) (E) 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.
(d) If any person fails to pay an assessment after it has become a 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 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.
(c) (1 ) 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 plaintiff 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 (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 theamount 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
appeal as provided in chapter 83 of title 28, United States Code.
(d) (1) Notwithstanding anyother
provision of this Act where a State workers'
compensation law is applicable and coverage is provided for a migrant or
seasonal agricultural worker the workers' compensation benefits shall be
the exclusive remedy for loss of suchworker
under this Act in the case of bodily injury or death in accordance with
such State's worker's' compensation law.
(2) The exclusive remedy prescribed by paragraph (1) precludes the
recovery under subsection (c) of actual damages for loss from an
injury or death but does not Preclude recovery under subsection
(c)for status damages or equitable relief, except that such relief shall
not include back or front pay or in any manner, directly or indirectly,
expand or otherwise alter affect (A)a recorvery under a state workers'
compensation law or (B) rights conferred under a State workers'
compensation law. 13
(e) If the court finds in an action which is brought by or for a
worker under subsection (a) in which a claim for actual damages is
precluded because the worker's injury is covered by a State workers'
compensation law as provided by subsection (d) that-
(1)(A) the defendant in the action violated section 401(b) by
knowingly requiring or permitting adriver to drive a vehicle for
the transportation of migrant orseasonal agricultural workers
while under the influence of alcohol or a controlled substance (as defined
in section 102 of the Controlled Substances Act (21 U.S.C. 802)) and the
defendant had actual knowledge of the driver's condition, and
(B) such violation resulted in injury to or death of the
migrant or seasonal worker by or for whom the action was brought and such
injury or death arose out of and in the course of employment as
determined under the State workers' compensation law,
(2)(A) the defendant violated a safety standardprescribed
by the Secretary under section 401(b) which the
determined was defined in a previous judicial or administrative
proceeding to have violated, and
(B) such safety violation resulted in an injury or death described
in paragraph (1)(B),
(3)(A) (i) the defendant willfully disabled or removed a
safety device prescribed by the Secretary undersection
401 (b), or
(ii) the defendant in conscious disregard of the requirements of
section 401(b) failed to provide a safety device required under such
section, and
(B) such disablement, removal, or failure to provide a safety device
resulted in an injury or death described in paragraph (1)(B), or
(4)(A) the defendant violated asafety standard
prescribed by the Secretary under section 401(b),
(B) such safety violation resulted in aninjury or death
described in paragraph(1)(B), and
(C) the defendant at the time of the violationof section
401(b) also was-
(i) anunregistered farm labor contractor in
violation of section 101(a), or
(ii) a person who utilized the services of a farm labor contractor
of the type specified in clause (i) without taking reasonable steps to
determine that the farm labor contractor possessed a valid certificate of
registration authorizing the performance of the farm labor contracting
activities whichthe contractor was requested or permitted to
perform with the knowledge of such person.
The court shall award not more than $10,000 per plaintiff
per violation with respect to whom the court made the finding described in
paragraph (1), (2), (3), or (4), except that multiple infractions of a
single provision of this Act shall constitute only one violation for
purposes of determining the amount of statutory damages due to a plaintiff
under this subsection and in the case of a class action the court shall
award not more than the lesser of up to $10,000 per plaintiff or up to
$500, 000 for all plaintiffs in such classaction.14
(f) If it is determined under a State workers' compensation law that
the workers' compensation law is not applicable to a claim for bodily
injury or death of a migrant or seasonal agricultural worker, the statute
of limitations for bringing an action for actual damages for such injury
or death under subsection (a) shall be tolled for the period during which
the claim for such injury or death under such State workers' compensation
law was pending. The statute of limitations for an action for other actual
damages, statutory damages, or equitable relief arising out of the same
transaction or occurrence as the injury or death of the migrant or
seasonal agricultural worker shall be tolled for the period during which
the claim for such injury or death was pending under the State workers'
compensation law. 15
DISCRIMINATION PROHIBITED
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 becauseof the exercise, with
just cause, bysuch 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 discrimination. 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 jurisdiction, 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
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
SEC. 511. The Secretary may issue such rules and regulations as
are necessary to carry out this Act, consistent with the requirements of
chapter 5of title 5,United States Code.
AUTHORITY TO OBTAIN INFORMATION
SEC. 512. (a) To carry out this Act the Secretary, either
pursuant to a complaint or otherwise, shall, as may be appropriate,
investigate, 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 information to determine
compliance with this Act, or regulations prescribed under this Act.
(b) The Secretary may issue subpoenas 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, and 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, 59),
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 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 (a)(2) shall
be made only pursuant to a written State plan which-
(1) shall include a description of the functions to be performed, 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 Sate
agency will comply with its description under paragraph (1) and that the
State agency's performance of function so delegated will be at least
comparable to the performance of such function by the Department of Labor.
PART C-MISCELLANEOUS PROVISIONS
STATE LAWS AND REGULATIONS SEC. 521. This Act is
intended to supplement State law, and compliance with this Act shall not
excuse any person from compliance with appropriate State law and
regulation.
TRANSITION PROVISION
SEC. 522 The Secretary may deny a certificate of registration to
any farm labor contractor, as defined in this Act, who has a judgement
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 order of
the Secretary under that Act assessing a civil money penalty which has not
been paid. Any findings under the Farm Labor Contractor Registration Act
of 1963 may also be applicable to determinations of willful and knowing
violations under this Act.
REPEALER
523. The Farm Labor Contractor Registration Act of 1963 (7
U.S.C. 2041 et seq.), is repealed.
EFFECTIVE DATE
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.
The footnotes for the entire document follow:
The footnotes in this publication show where changes in the original
text have been made and refer to the specific amendments, so that a
comparison of the official texts may be made.
1This publication contains the original text of the Migrant and Seasonal
Agricultural Worker Protection Act, Public Law 97-470, January 14, 1983,
asset forth in 96 Stat. 2583, revised to reflect the changes
effected by two amendments (which may be found in official text at the cited pages of the Statutes at Large): (1) The Immigration Reform
and Control Act of 1986, Pub. Law 99-603, 100 Stat. 3359; (2) The Act of
November 15,1995, Pub. Law 104-49,109 Stat. 432. The original text of the
Migrant and Seasonal Agricultural Worker Protection Act is set in the
Century typeface.
2The
1986 amendment (sec 101(b) of Pub. Law 99-603) deleted a Table of Contents
entry - "Sec. 106. Prohibition against employing illegal aliens."
-along with the corresponding portion of the original statutory text (see
note 4, infra).
3To
be more specific, add "(a)" to citation thusly: Sections
101(a)(15)(H)(ii)(a).
429
U.S.C.A. § et seq.
5The
1986 amendment (sec 101(b)) of Pub. Law 99-603) added this provision
regarding employment of illegal aliens. The referenced provisions of the
Immigration and Nationality Act (8 U.S.C. 1324a(a)(1) and (2)) read as
follows:
(a)(1) IN GENERAL. - It is unlawful for a person or other entity -
(A) to hire, or to recruit or refer for a fee, for employment in the
United States, an alien knowing the alien is an unauthorized alien (as
defined in subsection (h)(3)) [of this INA section] with respect to such
employment, or
B(i) to hire for employment in the United States an individual without
complying with the requirements of subsection (b) [of this INA section] or
(ii) if the person or entity is an agricultural association, agricultural
employer or farm labor contractor (as defined in section 3 of the Migrant
and Seasonal Agricultural Worker Protection Act), to hire, or to recruit
or refer for a fee for employment in the United States an individual
without complying with the requirements of subsection (b) [of this INA
section].
(2) CONTINUING EMPLOYMENT. - It is unlawful for a person or other
entity, after hiring an alien for employment in accordance with paragraph
(1) [of this INA subsection], to continue to employ the alien in the
United States knowing the alien is (or has become) an unauthorized alien
with respect to such employment.
67
U.S.C.A. §2041 et seq.
7The
1986 amendment (sec. 101(b) of Pub. Law 99-603) deleted the following
original statutory text regarding employment of illegal aliens:
PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS
SEC 106. (a) No farm labor contractor shall recruit, hire, employ, or
use, with knowledge, the services of any individual who is an 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 the subsection(a).
8The
1995 amendment (Sec 4(a) of Pub. Law 104-49) added this requirement for
dislosure regarding workers' compensation insurance.
9The
1995 amendment (sec. 4(b) of Pub. Law 104-49) added this requirement for
disclosure regarding workers' compensation insurence.
10
The 1995 amendment (sec. 5(a) of Pub. Law 204-49) added this provision, in
substitution for the following original statutory text regarding vehicle
insurance:
(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.
llThe
1986 amendment (sec. 202(b) of Pub. Law 99-603) added this reference to
the Immigration and Nationality Act prohibition on employment of illegal
aliens, in substitution for original statutory text to the same effect.
(See note 4 supra.)
127
U.S.C.A. s 2491 et seq.
13The
1995 amendment (Sec.1 of Pub. Law 104-49) added this provision regarding
State workers' compensation insurance as an exclusive remedy.
14The
1995 amendment (sec.2 of Pub.Law 104-49) added this provision regarding
damages in private actions.
15The
1995 amendment (sec.3 of Pub.Law 104-49) added this provision regarding
the tolling of the statute of limitations.
|