US (United States) Code. Title 29. Chapter 20: Migrant and seasonal agricultural worker protection

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Labor

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-CITE-

29 USC CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL

WORKER PROTECTION 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

-HEAD-

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

-MISC1-

Sec.

1801. Congressional statement of purpose.

1802. Definitions.

1803. Applicability of chapter.

SUBCHAPTER I - FARM LABOR CONTRACTORS

1811. Certificate of registration required.

(a) Persons engaged in any farm labor contracting

activity.

(b) Hire, employ, or use of any individual to

perform farm labor contracting activities by

farm labor contractor; liability of farm labor

contractor for violations.

(c) Possession and exhibition of certificate.

(d) Refusal or failure to produce certificate.

1812. Issuance of certificate of registration.

1813. Registration determinations.

(a) Grounds for refusal to issue or renew,

suspension, or revocation of certificate.

(b) Administrative review procedures applicable.

(c) Judicial review procedures applicable.

1814. Transfer or assignment; expiration; renewal.

(a) Transfer or assignment prohibited.

(b) Expiration; renewals.

1815. Notice of address change; amendment of certificate of

registration.

1816. Repealed.

SUBCHAPTER II - MIGRANT AGRICULTURAL WORKER PROTECTIONS

1821. Information and recordkeeping requirements.

(a) Written disclosure requirements imposed upon

recruiters.

(b) Posting requirements imposed upon employers.

(c) Posting or notice requirements imposed upon

housing providers.

(d) Recordkeeping and information requirements

imposed upon employers.

(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.

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.

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.

(c) Applicability to providers of housing on a

commercial basis to the general public.

SUBCHAPTER III - SEASONAL AGRICULTURAL WORKER PROTECTIONS

1831. Information and recordkeeping requirements.

(a) Written disclosure requirements imposed upon

recruiters.

(b) Posting requirements imposed upon employers.

(c) Recordkeeping and information requirements

imposed upon employers.

(d) Furnishing of records by farm labor contractor;

maintenance of records by recipient.

(e) Prohibition on knowingly providing false or

misleading information to workers.

(f) Form and language requirements.

1832. 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.

SUBCHAPTER IV - FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL

AGRICULTURAL WORKERS

1841. Motor vehicle safety.

(a) Mode of transportation subject to coverage.

(b) Applicability of standards, licensing, and

insurance requirements; promulgation of

regulations for standards; criteria, etc., for

regulations; amount of insurance required.

(c) Adjustments of insurance requirements in the

event of workers' compensation coverage.

(d) Time for promulgation of regulations for

standards implementing requirements; revision

of standards.

1842. Confirmation of registration.

1843. Information on employment conditions.

1844. Compliance with written agreements.

(a) Applicability to contracting activity or worker

protection.

(b) Statutory liability.

SUBCHAPTER V - GENERAL PROVISIONS

PART A - ENFORCEMENT PROVISIONS

1851. Criminal sanctions.

(a) Violations of chapter or regulations.

(b) Violations of section 1324a(a) of title 8.

1852. Judicial enforcement.

(a) Injunctive relief.

(b) Control of civil litigation.

1853. Administrative sanctions.

(a) Civil money penalties for violations; criteria

for assessment.

(b) Administrative review.

(c) Judicial review.

(d) Failure to pay assessment; maintenance of

action.

(e) Payment of penalties into Treasury of United

States.

1854. Private right of action.

(a) Maintenance of civil action in district court

by aggrieved person.

(b) Appointment of attorney and commencement of

action.

(c) Award of damages or other equitable relief;

amount; criteria; appeal.

(d) Workers' compensation benefits; exclusive

remedy.

(e) Expansion of statutory damages.

(f) Tolling of statute of limitations.

1855. Discrimination prohibited.

(a) Prohibited activities.

(b) Proceedings for redress of violations.

1856. Waiver of rights.

PART B - ADMINISTRATIVE PROVISIONS

1861. Rules and regulations.

1862. Authority to obtain information.

(a) Investigation and inspection authority

concerning places, records, etc.

(b) Attendance and testimony of witnesses, and

production of evidence; subpena authority.

(c) Prohibited activities.

1863. Agreements with Federal and State agencies.

(a) Scope of agreements.

(b) Delegation of authority pursuant to written

State plan.

PART C - MISCELLANEOUS PROVISIONS

1871. State laws and regulations.

1872. Transition provision.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 774 of this title; title

22 section 7109; title 26 section 3306.

-End-

-CITE-

29 USC Sec. 1801 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

-HEAD-

Sec. 1801. Congressional statement of purpose

-STATUTE-

It is the purpose of this chapter 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 chapter; and to assure necessary protections for migrant

and seasonal agricultural workers, agricultural associations, and

agricultural employers.

-SOURCE-

(Pub. L. 97-470, Sec. 2, Jan. 14, 1983, 96 Stat. 2584.)

-MISC1-

EFFECTIVE DATE

Section 524 of Pub. L. 97-470 provided in part that: "The

provisions of this Act [enacting this chapter and repealing chapter

52 (Sec. 2041 et seq.) of Title 7, Agriculture] shall take effect

ninety days from the date of enactment [Jan. 14, 1983]."

SHORT TITLE

Section 1 of Pub. L. 97-470 provided in part that this Act

[enacting this chapter and repealing chapter 52 (Sec. 2041 et seq.)

of Title 7, Agriculture] may be cited as the "Migrant and Seasonal

Agricultural Worker Protection Act".

-End-

-CITE-

29 USC Sec. 1802 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

-HEAD-

Sec. 1802. Definitions

-STATUTE-

As used in this chapter -

(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 title 26 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 [29 U.S.C. 201 et seq.].

(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 subparagraph (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 1101(a)(15)(H)(ii)(a) and 1184(c) of title 8.

(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 contractor; or

(iii) any temporary nonimmigrant alien who is authorized to

work in agricultural employment in the United States under

sections 1101(a)(15)(H)(ii)(a) and 1184(c) of title 8.

(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.

-SOURCE-

(Pub. L. 97-470, Sec. 3, Jan. 14, 1983, 96 Stat. 2584; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-603,

title I, Sec. 101(b)(1)(A), Nov. 6, 1986, 100 Stat. 3372.)

-REFTEXT-

REFERENCES IN TEXT

That Act, referred to in par. (5), is act June 25, 1938, ch. 676,

52 Stat. 1060, as amended, known as the Fair Labor Standards Act of

1938, which is classified generally to chapter 8 (Sec. 201 et seq.)

of this title. For complete classification of this Act to the Code,

see section 201 of this title and Tables.

-MISC1-

AMENDMENTS

1986 - Par. (3). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954", which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

Pars. (8)(B)(ii), (10)(B)(iii). Pub. L. 99-603 substituted

"1101(a)(15)(H)(ii)(a)" for "1101(a)(15)(H)(ii)".

EFFECTIVE DATE OF 1986 AMENDMENT

Section 101(b)(2) of Pub. L. 99-603, as amended by Pub. L.

100-525, Sec. 2(a)(2), Oct. 24, 1988, 102 Stat. 2610, provided

that: "The amendments made by paragraph (1) [amending this section

and sections 1813 and 1851 of this title and repealing section 1816

of this title] shall apply to the employment, recruitment,

referral, or utilization of the services of an individual occurring

on or after the first day of the seventh month beginning after the

date of the enactment of this Act [Nov. 6, 1986]; except that if

the provisions of section 274A of the Immigration and Nationality

Act [8 U.S.C. 1324a] are terminated as of a date under [former]

subsection (l) of such section, then such amendments shall no

longer apply as of such date." [The provisions of section 1324a of

Title 8, Aliens and Nationality, were not terminated under

subsection (l) of section 1324a, and that subsection was repealed

by Pub. L. 104-208.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1831 of this title; title

8 section 1324a.

-End-

-CITE-

29 USC Sec. 1803 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

-HEAD-

Sec. 1803. Applicability of chapter

-STATUTE-

(a) The following persons are not subject to this chapter:

(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 Act [29 U.S.C.

141 et seq.]) 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) Subchapter I of this chapter does not apply to any

agricultural employer or agricultural association or to any

employee of such an employer or association.

-SOURCE-

(Pub. L. 97-470, Sec. 4, Jan. 14, 1983, 96 Stat. 2585.)

-REFTEXT-

REFERENCES IN TEXT

That Act, referred to in subsec. (a)(3)(B), is act June 23, 1947,

ch. 120, 61 Stat. 136, as amended, known as the Labor Management

Relations Act, 1947, which is classified principally to chapter 7

(Sec. 141 et seq.) of this title. For complete classification of

this Act to the Code, see section 141 of this title and Tables.

-End-

-CITE-

29 USC SUBCHAPTER I - FARM LABOR CONTRACTORS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER I - FARM LABOR CONTRACTORS

-HEAD-

SUBCHAPTER I - FARM LABOR CONTRACTORS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1803 of this title.

-End-

-CITE-

29 USC Sec. 1811 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER I - FARM LABOR CONTRACTORS

-HEAD-

Sec. 1811. Certificate of registration required

-STATUTE-

(a) Persons engaged in any farm labor contracting activity

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) Hire, employ, or use of any individual to perform farm labor

contracting activities by farm labor contractor; liability of

farm labor contractor for violations

A farm 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 chapter or any regulation under

this chapter by any employee regardless of whether the employee

possesses a certificate of registration based on the contractor's

certificate of registration.

(c) Possession and exhibition of certificate

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) Refusal or failure to produce certificate

The facilities and the services authorized by the Act of June 6,

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.

-SOURCE-

(Pub. L. 97-470, title I, Sec. 101, Jan. 14, 1983, 96 Stat. 2587.)

-REFTEXT-

REFERENCES IN TEXT

The Wagner-Peyser Act, referred to in subsec. (d), is act June 6,

1933, ch. 49, 48 Stat. 113, as amended, which is classified

generally to chapter 4B (Sec. 49 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 49 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1854 of this title.

-End-

-CITE-

29 USC Sec. 1812 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER I - FARM LABOR CONTRACTORS

-HEAD-

Sec. 1812. Issuance of certificate of registration

-STATUTE-

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 1841 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 1823 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.

-SOURCE-

(Pub. L. 97-470, title I, Sec. 102, Jan. 14, 1983, 96 Stat. 2587.)

-End-

-CITE-

29 USC Sec. 1813 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER I - FARM LABOR CONTRACTORS

-HEAD-

Sec. 1813. Registration determinations

-STATUTE-

(a) Grounds for refusal to issue or renew, suspension, or

revocation of certificate

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 chapter or any regulation

under this chapter;

(4) has failed -

(A) to pay any court judgment obtained by the Secretary or

any other person under this chapter or any regulation under

this chapter or under the Farm Labor Contractor Registration

Act of 1963 [7 U.S.C. 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 chapter or any regulation under

this chapter 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 1324a(a) of title 8.

(b) Administrative review procedures applicable

(1) The person who is refused the issuance or renewal of a

certificate or whose certificate is suspended or revoked under

subsection (a) of this section 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. 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. A

final order which takes effect under this paragraph shall be

subject to review only as provided under subsection (c) of this

section.

(c) Judicial review procedures applicable

Any person against whom an order 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 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. 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.

-SOURCE-

(Pub. L. 97-470, title I, Sec. 103, Jan. 14, 1983, 96 Stat. 2588;

Pub. L. 99-603, title I, Sec. 101(b)(1)(B), Nov. 6, 1986, 100 Stat.

3372.)

-REFTEXT-

REFERENCES IN TEXT

The Farm Labor Contractor Registration Act of 1963, referred to

in subsec. (a)(4), is Pub. L. 88-582, Sept. 7, 1964, 78 Stat. 920,

as amended, which was classified generally to chapter 52 (Sec. 2041

et seq.) of Title 7, Agriculture, and was repealed by Pub. L.

97-470, title V, Sec. 523, Jan. 14, 1983, 96 Stat. 2600. See

section 1801 et seq. of this title.

-MISC1-

AMENDMENTS

1986 - Subsec. (a)(6). Pub. L. 99-603 added par. (6).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-603 applicable to employment,

recruitment, referral, or utilization of services of an individual

occurring on or after first day of seventh month beginning after

Nov. 6, 1986, see section 101(b)(2) of Pub. L. 99-603, as amended,

set out as a note under section 1802 of this title.

-End-

-CITE-

29 USC Sec. 1814 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER I - FARM LABOR CONTRACTORS

-HEAD-

Sec. 1814. Transfer or assignment; expiration; renewal

-STATUTE-

(a) Transfer or assignment prohibited

A certificate of registration may not be transferred or assigned.

(b) Expiration; renewals

(1) Unless earlier suspended or revoked, a certificate shall

expire twelve months from the date of issuance, except that (A)

certificates issued under this chapter 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 chapter, (B) a certificate

may be temporarily extended by the filing of an application with

the Secretary at 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 of twelve months but

not in excess of twenty-four months.

(2) Eligibility for renewals for periods of more than twelve

months shall be limited to farm labor contractors who have not been

cited for a violation of this chapter, or any regulation under this

chapter, or the Farm Labor Contractor Registration Act of 1963 [7

U.S.C. 2041 et seq.], or any regulation under such Act, during the

preceding five years.

-SOURCE-

(Pub. L. 97-470, title I, Sec. 104, Jan. 14, 1983, 96 Stat. 2589.)

-REFTEXT-

REFERENCES IN TEXT

The Farm Labor Contractor Registration Act of 1963, referred to

in subsec. (b)(2), is Pub. L. 88-582, Sept. 7, 1964, 78 Stat. 920,

as amended, which was classified generally to chapter 52 (Sec. 2041

et seq.) of Title 7, Agriculture, and was repealed by Pub. L.

97-470, title V, Sec. 523, Jan. 14, 1983, 96 Stat. 2600. See

section 1801 et seq. of this title.

-End-

-CITE-

29 USC Sec. 1815 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER I - FARM LABOR CONTRACTORS

-HEAD-

Sec. 1815. Notice of address change; amendment of certificate of

registration

-STATUTE-

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 certificate.

-SOURCE-

(Pub. L. 97-470, title I, Sec. 105, Jan. 14, 1983, 96 Stat. 2589.)

-End-

-CITE-

29 USC Sec. 1816 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER I - FARM LABOR CONTRACTORS

-HEAD-

Sec. 1816. Repealed. Pub. L. 99-603, title I, Sec. 101(b)(1)(C),

Nov. 6, 1986, 100 Stat. 3372

-MISC1-

Section, Pub. L. 97-470, title I, Sec. 106, Jan. 14, 1983, 96

Stat. 2589, prohibited employment of illegal aliens.

EFFECTIVE DATE OF REPEAL

Repeal applicable to employment, recruitment, referral, or

utilization of services of an individual occurring on or after

first day of seventh month beginning after Nov. 6, 1986, see

section 101(b)(2) of Pub. L. 99-603, as amended, set out as an

Effective Date of 1986 Amendment note under section 1802 of this

title.

-End-

-CITE-

29 USC SUBCHAPTER II - MIGRANT AGRICULTURAL WORKER

PROTECTIONS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER II - MIGRANT AGRICULTURAL WORKER PROTECTIONS

-HEAD-

SUBCHAPTER II - MIGRANT AGRICULTURAL WORKER PROTECTIONS

-End-

-CITE-

29 USC Sec. 1821 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER II - MIGRANT AGRICULTURAL WORKER PROTECTIONS

-HEAD-

Sec. 1821. Information and recordkeeping requirements

-STATUTE-

(a) Written disclosure requirements imposed upon recruiters

Each 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

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 chapter, including

the right of a migrant 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) of this section. Such

employer shall provide upon request, a written statement of the

information described in subsection (a) of this section.

(c) Posting or notice requirements imposed upon housing providers

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) Recordkeeping and information requirements imposed upon

employers

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 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

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) of this section. The recipient of such

records shall keep them for a period of three years from the end of

the period of employment.

(f) Prohibition on knowingly providing false or misleading

information to workers

No farm labor contractor, agricultural employer, or agricultural

association shall knowingly provide false or misleading information

to any migrant agricultural worker concerning the terms,

conditions, or existence of agricultural employment required to be

disclosed by subsection (a), (b), (c), or (d) of this section.

(g) Form and language requirements

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.

-SOURCE-

(Pub. L. 97-470, title II, Sec. 201, Jan. 14, 1983, 96 Stat. 2590;

Pub. L. 104-49, Sec. 4(a), Nov. 15, 1995, 109 Stat. 434.)

-MISC1-

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-49 added par. (8) and concluding

provisions.

EFFECTIVE DATE OF 1995 AMENDMENT

Section 4(c) of Pub. L. 104-49 provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

1831 of this title] shall take effect upon the expiration of 90

days after the date final regulations are issued by the Secretary

of Labor to implement such amendments." [Final regulations

implementing Pub. L. 104-49 were signed May 13, 1996, published May

16, 1996, 61 F.R. 24858, and effective the same day.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1843 of this title.

-End-

-CITE-

29 USC Sec. 1822 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER II - MIGRANT AGRICULTURAL WORKER PROTECTIONS

-HEAD-

Sec. 1822. Wages, supplies, and other working arrangements

-STATUTE-

(a) Payment of wages

Each farm labor contractor, agricultural employer, and

agricultural association which employs any migrant agricultural

worker shall pay the wages owed to such worker when due.

(b) Purchase of goods or services by worker

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) Violation of terms of working arrangement

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.

-SOURCE-

(Pub. L. 97-470, title II, Sec. 202, Jan. 14, 1983, 96 Stat. 2591.)

-End-

-CITE-

29 USC Sec. 1823 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER II - MIGRANT AGRICULTURAL WORKER PROTECTIONS

-HEAD-

Sec. 1823. Safety and health of housing

-STATUTE-

(a) Compliance with substantive Federal and State safety and health

standards

Except as provided in subsection (c) of this section, 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 health standards

applicable to that housing.

(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) of this section 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) of this section. 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

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.

-SOURCE-

(Pub. L. 97-470, title II, Sec. 203, Jan. 14, 1983, 96 Stat. 2591.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1812 of this title.

-End-

-CITE-

29 USC SUBCHAPTER III - SEASONAL AGRICULTURAL WORKER

PROTECTIONS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER III - SEASONAL AGRICULTURAL WORKER PROTECTIONS

-HEAD-

SUBCHAPTER III - SEASONAL AGRICULTURAL WORKER PROTECTIONS

-End-

-CITE-

29 USC Sec. 1831 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER III - SEASONAL AGRICULTURAL WORKER PROTECTIONS

-HEAD-

Sec. 1831. Information and recordkeeping requirements

-STATUTE-

(a) Written disclosure requirements imposed upon recruiters

(1) Each farm labor contractor, agricultural employer, and

agricultural association which recruits any seasonal agricultural

worker (other than day-haul workers described in section

1802(10)(A)(ii) of this title) 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 strike or other concerted work

stoppage, slowdown, or interruption of operations by employees 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' 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 subparagraph (H) may

be met if such worker is given, upon request, a photocopy of any

notice regarding workers' compensation insurance required by law of

the State in which such worker is employed.

(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

1802(10)(A)(ii) of this title shall ascertain and disclose in

writing to the worker at the place of recruitment the information

described in paragraph (1).

(b) Posting requirements imposed upon employers

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 chapter, 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) of this section. Such

employer shall provide, upon request, a written statement of the

information described in subsection (a) of this section.

(c) Recordkeeping and information requirements imposed upon

employers

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) Furnishing of records by farm labor contractor; maintenance of

records by recipient

(1) (!1) 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 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) of this section. The

recipient of these records shall keep them for a period of three

years from the end of the period of employment.

(e) Prohibition on knowingly providing false or misleading

information to workers

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) of this section.

(f) Form and language requirements

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.

-SOURCE-

(Pub. L. 97-470, title III, Sec. 301, Jan. 14, 1983, 96 Stat. 2592;

Pub. L. 104-49, Sec. 4(b), Nov. 15, 1995, 109 Stat. 434.)

-MISC1-

AMENDMENTS

1995 - Subsec. (a)(1). Pub. L. 104-49 added subpar. (H) and

concluding provisions.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-49 effective upon expiration of 90 days

after the date final regulations are issued by Secretary of Labor

to implement such amendment, see section 4(c) of Pub. L. 104-49,

set out as a note under section 1821 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1843 of this title.

-FOOTNOTE-

(!1) So in original. No par. (2) has been enacted.

-End-

-CITE-

29 USC Sec. 1832 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER III - SEASONAL AGRICULTURAL WORKER PROTECTIONS

-HEAD-

Sec. 1832. Wages, supplies, and other working arrangements

-STATUTE-

(a) Payment of wages

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) Purchase of goods or services by worker

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 employer, or agricultural association.

(c) Violation of terms of working arrangement

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 seasonal agricultural worker.

-SOURCE-

(Pub. L. 97-470, title III, Sec. 302, Jan. 14, 1983, 96 Stat.

2593.)

-End-

-CITE-

29 USC SUBCHAPTER IV - FURTHER PROTECTIONS FOR MIGRANT

AND SEASONAL AGRICULTURAL WORKERS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER IV - FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL

AGRICULTURAL WORKERS

-HEAD-

SUBCHAPTER IV - FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL

AGRICULTURAL WORKERS

-End-

-CITE-

29 USC Sec. 1841 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER IV - FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL

AGRICULTURAL WORKERS

-HEAD-

Sec. 1841. Motor vehicle safety

-STATUTE-

(a) Mode of transportation subject to coverage

(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) Applicability of standards, licensing, and insurance

requirements; promulgation of regulations for standards;

criteria, etc., for regulations; amount of insurance required

(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, and

(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 such workers will be carried in the

vehicle,

(iv) the type of 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 B of subtitle IV of title 49, or regulations

issued thereunder, which is independently applicable to

transportation to which this section applies. A violation of any

such standard shall also constitute a violation under this chapter.

(D) In the event that the Secretary fails for any reason to

prescribe standards under subparagraph (A) by the effective date of

this chapter, the standards prescribed under section 31502 of title

49, relating to the transportation of migrant workers, shall, for

purposes of paragraph (1)(A), be deemed to be the standards

prescribed by the Secretary 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.

(c) Adjustments of insurance requirements in the event of workers'

compensation coverage

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) Time for promulgation of regulations for standards implementing

requirements; revision of standards

The Secretary shall, by regulations promulgated in accordance

with section 1861 of this title not later than the effective date

of this chapter, 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.

-SOURCE-

(Pub. L. 97-470, title IV, Sec. 401, Jan. 14, 1983, 96 Stat. 2594;

Pub. L. 104-49, Sec. 5(a), Nov. 15, 1995, 109 Stat. 434; Pub. L.

104-88, title III, Sec. 333, Dec. 29, 1995, 109 Stat. 953.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsecs.

(b)(2)(D) and (d), is the effective date of Pub. L. 97-470, which

is ninety days from the date of enactment of Pub. L. 97-470, which

was approved Jan. 14, 1983.

-COD-

CODIFICATION

In subsec. (b)(2)(D), "section 31502 of title 49" substituted for

"section 3102 of title 49" on authority of Pub. L. 103-272, Secs.

1(c), (e), 6(b), July 5, 1994, 108 Stat. 745, 862, 1029, 1378.

Previously, "section 3102 of title 49" substituted for "section

204(a)(3a) of the Interstate Commerce Act (49 U.S.C. 304(a)(3a))"

on authority of Pub. L. 97-449, Sec. 6(b), Jan. 12, 1983, 96 Stat.

2443, the first section of which enacted subtitle I (Sec. 101 et

seq.) and chapter 31 (Sec. 3101 et seq.) of subtitle II of Title

49, Transportation.

-MISC1-

AMENDMENTS

1995 - Subsec. (b)(2)(C). Pub. L. 104-88 substituted "part B of

subtitle IV of title 49" for "part II of the Interstate Commerce

Act, or any successor provision of subtitle IV of title 49".

Subsec. (b)(3). Pub. L. 104-49 amended par. (3) generally. Prior

to amendment, par. (3) read as follows: "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, and any successor provision of subtitle IV

of title 49, and regulations prescribed thereunder."

EFFECTIVE DATE OF 1995 AMENDMENTS

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

Section 5(c) of Pub. L. 104-49 provided that: "The amendment made

by subsection (a) [amending this section] takes effect upon the

expiration of 180 days after the date of enactment of this Act

[Nov. 15, 1995] or upon the issuance of final regulations under

subsection (b) [set out below], whichever occurs first."

REGULATIONS

Section 5(b) of Pub. L. 104-49 provided that: "Within 180 days of

the date of the enactment of this Act [Nov. 15, 1995], the

Secretary of Labor shall promulgate regulations establishing

insurance levels under section 401(b)(3) of the Migrant and

Seasonal Agricultural Worker Protection Act (29 U.S.C. 1841(b)(3))

as amended by subsection (a)." [Final regulations implementing Pub.

L. 104-49 were signed May 13, 1996, published May 16, 1996, 61 F.R.

24858, and effective the same day.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1812, 1854 of this title.

-End-

-CITE-

29 USC Sec. 1842 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER IV - FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL

AGRICULTURAL WORKERS

-HEAD-

Sec. 1842. Confirmation of registration

-STATUTE-

No person 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.

-SOURCE-

(Pub. L. 97-470, title IV, Sec. 402, Jan. 14, 1983, 96 Stat. 2595.)

-End-

-CITE-

29 USC Sec. 1843 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER IV - FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL

AGRICULTURAL WORKERS

-HEAD-

Sec. 1843. Information on employment conditions

-STATUTE-

Each farm labor contractor, without regard to any other

provisions of this chapter, 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 1821(b) and 1831(b) of

this title.

-SOURCE-

(Pub. L. 97-470, title IV, Sec. 403, Jan. 14, 1983, 96 Stat. 2595.)

-End-

-CITE-

29 USC Sec. 1844 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER IV - FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL

AGRICULTURAL WORKERS

-HEAD-

Sec. 1844. Compliance with written agreements

-STATUTE-

(a) Applicability to contracting activity or worker protection

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 chapter.

(b) Statutory liability

Written agreements under this section do not relieve a person of

any responsibility that such person would otherwise have under this

chapter.

-SOURCE-

(Pub. L. 97-470, title IV, Sec. 404, Jan. 14, 1983, 96 Stat. 2596.)

-End-

-CITE-

29 USC SUBCHAPTER V - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER V - GENERAL PROVISIONS

-End-

-CITE-

29 USC Part A - Enforcement Provisions 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part A - Enforcement Provisions

-HEAD-

PART A - ENFORCEMENT PROVISIONS

-End-

-CITE-

29 USC Sec. 1851 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part A - Enforcement Provisions

-HEAD-

Sec. 1851. Criminal sanctions

-STATUTE-

(a) Violations of chapter or regulations

Any person who willfully and knowingly violates this chapter or

any regulation under this chapter 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 chapter

or any regulation under this chapter, the defendant shall be fined

not more than $10,000 or sentenced to prison for a term not to

exceed three years, or both.

(b) Violations of section 1324a(a) of title 8

If a farm labor contractor who commits a violation of paragraph

(1) or (2) of section 1324a(a) of title 8 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.

-SOURCE-

(Pub. L. 97-470, title V, Sec. 501, Jan. 14, 1983, 96 Stat. 2596;

Pub. L. 99-603, title I, Sec. 101(b)(1)(D), Nov. 6, 1986, 100 Stat.

3372.)

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-603 substituted "paragraph (1) or

(2) of section 1324a(a) of title 8" for "section 1816 of this

title".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-603 applicable to employment,

recruitment, referral, or utilization of services of an individual

occurring on or after first day of seventh month beginning after

Nov. 6, 1986, see section 101(b)(2) of Pub. L. 99-603, as amended,

set out as a note under section 1802 of this title.

-End-

-CITE-

29 USC Sec. 1852 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part A - Enforcement Provisions

-HEAD-

Sec. 1852. Judicial enforcement

-STATUTE-

(a) Injunctive relief

The Secretary may petition any appropriate district court of the

United States for temporary or permanent injunctive relief if the

Secretary determines that this chapter, or any regulation under

this chapter, has been violated.

(b) Control of civil litigation

Except as provided in section 518(a) of title 28, 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 chapter, but all such litigation shall be

subject to the direction and control of the Attorney General.

-SOURCE-

(Pub. L. 97-470, title V, Sec. 502, Jan. 14, 1983, 96 Stat. 2596.)

-End-

-CITE-

29 USC Sec. 1853 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part A - Enforcement Provisions

-HEAD-

Sec. 1853. Administrative sanctions

-STATUTE-

(a) Civil money penalties for violations; criteria for assessment

(1) Subject to paragraph (2), any person who commits a violation

of this chapter or any regulation under this chapter, 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

chapter and with comparable requirements of the Farm Labor

Contractor Registration Act of 1963 [7 U.S.C. 2041 et seq.], and

with regulations promulgated under this chapter and such Act, and

(B) the gravity of the violation.

(b) Administrative review

(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. If no 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 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. A

final order which takes effect under this paragraph shall be

subject to review only as provided under subsection (c) of this

section.

(c) Judicial review

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.

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.

(d) Failure to pay assessment; maintenance of action

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) Payment of penalties into Treasury of United States

All penalties collected under authority of this section shall be

paid into the Treasury of the United States.

-SOURCE-

(Pub. L. 97-470, title V, Sec. 503, Jan. 14, 1983, 96 Stat. 2596.)

-REFTEXT-

REFERENCES IN TEXT

The Farm Labor Contractor Registration Act of 1963, referred to

in subsec. (a)(2), is Pub. L. 88-582, Sept. 7, 1964, 78 Stat. 920,

as amended, which was classified generally to chapter 52 (Sec. 2041

et seq.) of Title 7, Agriculture, and was repealed by Pub. L.

97-470, title V, Sec. 523, Jan. 14, 1983, 96 Stat. 2600. See

section 1801 et seq. of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2005 of this title.

-End-

-CITE-

29 USC Sec. 1854 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part A - Enforcement Provisions

-HEAD-

Sec. 1854. Private right of action

-STATUTE-

(a) Maintenance of civil action in district court by aggrieved

person

Any person aggrieved by a violation of this chapter or any

regulation under this chapter 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) Appointment of attorney and commencement of action

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) Award of damages or other equitable relief; amount; criteria;

appeal

(1) If the court finds that the respondent has intentionally

violated any provision of this chapter or any regulation under this

chapter, 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 chapter or

of regulations under this chapter 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 the amount 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.

(d) Workers' compensation benefits; exclusive remedy

(1) Notwithstanding any other provision of this chapter, 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 such worker under this chapter in the case of bodily injury

or death in accordance with such State's workers' compensation law.

(2) The exclusive remedy prescribed by paragraph (1) precludes

the recovery under subsection (c) of this section of actual damages

for loss from an injury or death but does not preclude recovery

under subsection (c) of this section for statutory 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 or affect (A) a recovery under a State workers'

compensation law or (B) rights conferred under a State workers'

compensation law.

(e) Expansion of statutory damages

If the court finds in an action which is brought by or for a

worker under subsection (a) of this section 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)

of this section that -

(1)(A) the defendant in the action violated section 1841(b) of

this title by knowingly requiring or permitting a driver to drive

a vehicle for the transportation of migrant or seasonal

agricultural workers while under the influence of alcohol or a

controlled substance (as defined in section 802 of title 21) 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 standard prescribed by

the Secretary under section 1841(b) of this title which the

defendant was determined 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 under section 1841(b) of this

title, or

(ii) the defendant in conscious disregard of the requirements

of section 1841(b) of this title 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 a safety standard prescribed by

the Secretary under section 1841(b) of this title,

(B) such safety violation resulted in an injury or death

described in paragraph (1)(B), and

(C) the defendant at the time of the violation of section

1841(b) of this title also was -

(i) an unregistered farm labor contractor in violation of

section 1811(a) of this title, 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 which the

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 chapter 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 class action.

(f) Tolling of statute of limitations

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) of

this section 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.

-SOURCE-

(Pub. L. 97-470, title V, Sec. 504, Jan. 14, 1983, 96 Stat. 2597;

Pub. L. 102-392, title III, Sec. 325(a), Oct. 6, 1992, 106 Stat.

1728; Pub. L. 104-49, Secs. 1(a)(2), 2(a), 3, Nov. 15, 1995, 109

Stat. 432, 433.)

-MISC1-

AMENDMENTS

1995 - Subsec. (d). Pub. L. 104-49, Sec. 1(a)(2), amended subsec.

(d) generally. Prior to amendment, subsec. (d) read as follows:

"(d)(1) Notwithstanding any other provision of this chapter,

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 such worker under this chapter in the case of bodily injury

or death.

"(2) The exclusive remedy prescribed by paragraph (1) precludes

the recovery under subsection (c) of this section of actual damages

for loss from an injury or death but does not preclude recovery

under subsection (c) of this section for statutory damages or an

injunction."

Subsec. (e). Pub. L. 104-49, Sec. 2(a), added subsec. (e).

Subsec. (f). Pub. L. 104-49, Sec. 3, added subsec. (f).

1992 - Subsec. (d). Pub. L. 102-392 added subsec. (d).

EFFECTIVE DATE OF 1995 AMENDMENT

Section 1(b) of Pub. L. 104-49 provided that: "The amendment made

by subsection (a)(2) [amending this section] shall apply to all

cases in which a final judgment has not been entered."

Section 2(b) of Pub. L. 104-49 provided that: "The amendment made

by subsection (a) [amending this section] shall apply to all cases

in which a final judgment has not been entered."

EFFECTIVE DATE OF 1992 AMENDMENT

Section 325(c) of Pub. L. 102-392 provided that the amendment of

this section by section 325(a) of Pub. L. 102-392 would apply to

actions commenced after Oct. 6, 1992, but not after the expiration

of 9 months after such date, with waiver and extension provisions

for certain actions, prior to repeal by Pub. L. 104-49, Sec.

1(a)(1), Nov. 15, 1995, 109 Stat. 432.

-End-

-CITE-

29 USC Sec. 1855 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part A - Enforcement Provisions

-HEAD-

Sec. 1855. Discrimination prohibited

-STATUTE-

(a) Prohibited activities

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 chapter, or has

testified or is about to testify in any such proceedings, or

because of the exercise, with just cause, by such worker on behalf

of himself or others of any right or protection afforded by this

chapter.

(b) Proceedings for redress of violations

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) of this section and order all

appropriate relief, including rehiring or reinstatement of the

worker, with back pay, or damages.

-SOURCE-

(Pub. L. 97-470, title V, Sec. 505, Jan. 14, 1983, 96 Stat. 2598.)

-End-

-CITE-

29 USC Sec. 1856 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part A - Enforcement Provisions

-HEAD-

Sec. 1856. Waiver of rights

-STATUTE-

Agreements by employees purporting to waive or to modify their

rights under this chapter 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

chapter.

-SOURCE-

(Pub. L. 97-470, title V, Sec. 506, Jan. 14, 1983, 96 Stat. 2598.)

-End-

-CITE-

29 USC Part B - Administrative Provisions 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part B - Administrative Provisions

-HEAD-

PART B - ADMINISTRATIVE PROVISIONS

-End-

-CITE-

29 USC Sec. 1861 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part B - Administrative Provisions

-HEAD-

Sec. 1861. Rules and regulations

-STATUTE-

The Secretary may issue such rules and regulations as are

necessary to carry out this chapter, consistent with the

requirements of chapter 5 of title 5.

-SOURCE-

(Pub. L. 97-470, title V, Sec. 511, Jan. 14, 1983, 96 Stat. 2598.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1841 of this title.

-End-

-CITE-

29 USC Sec. 1862 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part B - Administrative Provisions

-HEAD-

Sec. 1862. Authority to obtain information

-STATUTE-

(a) Investigation and inspection authority concerning places,

records, etc.

To carry out this chapter 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 chapter, or

regulations prescribed under this chapter.

(b) Attendance and testimony of witnesses, and production of

evidence; subpena authority

The Secretary may issue subpenas 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 chapter, the

authority contained in sections 49 and 50 of title 15, 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) Prohibited activities

It shall be a violation of this chapter 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 chapter during the performance of such duties.

-SOURCE-

(Pub. L. 97-470, title V, Sec. 512, Jan. 14, 1983, 96 Stat. 2598.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1823 of this title.

-End-

-CITE-

29 USC Sec. 1863 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part B - Administrative Provisions

-HEAD-

Sec. 1863. Agreements with Federal and State agencies

-STATUTE-

(a) Scope of agreements

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) of this section, to Federal and State

agencies such authority, other than rulemaking, as may be useful in

carrying out this chapter, 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) Delegation of authority pursuant to written State plan

Any delegation to a State agency pursuant to subsection (a)(2) of

this section 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

State agency will comply with its description under paragraph (1)

and that the State agency's performance of functions so delegated

will be at least comparable to the performance of such functions

by the Department of Labor.

-SOURCE-

(Pub. L. 97-470, title V, Sec. 513, Jan. 14, 1983, 96 Stat. 2599.)

-End-

-CITE-

29 USC Part C - Miscellaneous Provisions 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part C - Miscellaneous Provisions

-HEAD-

PART C - MISCELLANEOUS PROVISIONS

-End-

-CITE-

29 USC Sec. 1871 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part C - Miscellaneous Provisions

-HEAD-

Sec. 1871. State laws and regulations

-STATUTE-

This chapter is intended to supplement State law, and compliance

with this chapter shall not excuse any person from compliance with

appropriate State law and regulation.

-SOURCE-

(Pub. L. 97-470, title V, Sec. 521, Jan. 14, 1983, 96 Stat. 2599.)

-End-

-CITE-

29 USC Sec. 1872 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 20 - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

SUBCHAPTER V - GENERAL PROVISIONS

Part C - Miscellaneous Provisions

-HEAD-

Sec. 1872. Transition provision

-STATUTE-

The Secretary may deny a certificate of registration to any farm

labor contractor, as defined in this chapter, who has a judgment

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

chapter.

-SOURCE-

(Pub. L. 97-470, title V, Sec. 522, Jan. 14, 1983, 96 Stat. 2599.)

-REFTEXT-

REFERENCES IN TEXT

The Farm Labor Contractor Registration Act of 1963, referred to

in text, is Pub. L. 88-582, Sept. 7, 1964, 78 Stat. 920, as

amended, which was classified generally to chapter 52 (Sec. 2041 et

seq.) of Title 7, Agriculture, and was repealed by Pub. L. 97-470,

title V, Sec. 523, Jan. 14, 1983, 96 Stat. 2600. See section 1801

et seq. of this title.

-End-