Legislación
US (United States) Code. Title 29. Chapter 20: Migrant and seasonal agricultural worker protection
-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 Repealed.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-
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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-
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29 USC Sec. 1802 01/06/03
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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-
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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-
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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-
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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-
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| Idioma: | inglés |
| País: | Estados Unidos |
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