§ 1821. — Information and recordkeeping requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC1821]
TITLE 29--LABOR
CHAPTER 20--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
SUBCHAPTER II--MIGRANT AGRICULTURAL WORKER PROTECTIONS
Sec. 1821. Information and recordkeeping requirements
(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.
(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.)
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.]
Section Referred to in Other Sections
This section is referred to in section 1843 of this title.
