§ 1831. — 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: 29USC1831]
TITLE 29--LABOR
CHAPTER 20--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
SUBCHAPTER III--SEASONAL AGRICULTURAL WORKER PROTECTIONS
Sec. 1831. Information and recordkeeping requirements
(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.
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\1\ So in original. No par. (2) has been enacted.
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(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.
(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.)
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.
Section Referred to in Other Sections
This section is referred to in section 1843 of this title.
