To provide protection in the areas of wages, housing and
transportation for migrant and seasonal agricultural workers.
TYPES OF ASSISTANCE:
Advisory Services and Counseling. Place Cursor Here for Definition
Investigation of Complaints. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
The program requires the contractor, agricultural
employer or agricultural association to keep certain records and to comply
with appropriate Federal and State safety and health standards for
transportation and housing. It requires that contractors, agricultural
employers and agricultural associations obtain motor vehicle liability
insurance or, in some instances, Workers' Compensation Insurance and that they
insure the migrant agricultural worker and his/her personal property against
injury or damage arising out of a transportation accident. Contractors,
agricultural employers and agricultural associations must also comply with the
applicable regulations of the Department of Transportation, Bureau of Motor
Carrier Safety. The Act distinguishes between the traditional farm labor
contractor and fixed-situs agricultural employers. It provides important
worker protections such as vehicle safety and insurance coverage against both
personal liability and property damage while being transported in connection
with their employment; housing safety and health; disclosure of wages, hours
and working conditions; maintenance of necessary records and furnishing to
workers itemized information concerning pay and withholding. It further
provides exemptions for both family businesses and small businesses. Any farm
labor contractor who, for any money or other valuable consideration paid or
promised to be paid, recruits, solicits, hires, employs, furnishes, or
transports any migrant or seasonal agricultural worker (excluding members of
his/her immediate family) for agricultural employment, must register under the
Act, unless qualified for specific exemptions. Agricultural employers and
agricultural associations must comply with the worker protection standards,
but are not required to register. Persons having knowledge of any practices or
omissions which are not in compliance with the requirements of the Act, and
persons requesting additional information concerning the Act are encouraged to
write, telephone or visit the nearest State employment service office or the
nearest Wage and Hour Division Office listed in Appendix IV of the Catalog.
Information should be provided describing the type of business activity and
the nature of the work performed. The names of persons making inquiries are
treated in complete confidence. Users of the services of a farm labor
contractor are prohibited from engaging the services of one who is
unregistered. Failure to comply with this Act and its regulations may result
in criminal prosecution, civil injunctive action, civil money damages and
assessment of civil money penalties of up to $1,000 for each violation.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility:
Contractors and their full-time or regular employees who recruit, solicit,
hire, employ, furnish or transport migrant or seasonal agricultural workers
for any money or other valuable consideration paid or promised to be paid for
agricultural employment, must register with the Department of Labor.
Beneficiary Eligibility:
Migrant and seasonal agricultural workers.
Credentials/Documentation:
Certificate of Registration or Employee Certificate of Registration.
Pre-application Coordination:
None. This program is excluded from coverage under E.O. 12372.
Application Procedure:
Contractors and their full-time or regular employees who recruit, solicit,
hire, employ, furnish, or transport migrant or seasonal agricultural workers
for any money or other valuable consideration paid or promised to be paid for
agricultural employment, should contact the local office of the Employment
Service or the nearest district office of the Wage and Hour Division for
application forms and assistance.
Award Procedure: Not
applicable.
Deadlines: Farm labor
contractor renewal certificates expire on the last day of the birth month of
the farm labor contractor, unless revoked. Farm labor contractor employee
renewal certificates also expire on the last day of the birth month of the
farm labor contractor.
Range of Approval/Disapproval Time:
Applications for Farm labor contractor employee certificates of registration
or farm labor contractor employee certificates of registration are usually
processed within 2 to 3 weeks.
Appeals: Applicants whose
applications have been denied or revoked have 30 days to request a hearing on
the decision to refuse to issue, refuse to renew or revoke. Persons who have
been assessed civil money penalties have 30 days to request a hearing on the
decision to assess.
Renewals: Same procedure as
making initial application. When application for renewal of a valid
certificate is submitted prior to at least 30 days before the expiration date,
the applicant may continue to operate under the terms of the existing
certificate until a final determination is made on the renewal application.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:
Not applicable.
Length and Time Phasing of Assistance:
Not applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: A registered farm
labor contractor is required to keep the Department of Labor informed of
his/her permanent address and any change of vehicle which is operated by
him/her or caused to be used to transport workers or change of housing for
workers if such housing is controlled or owned by him or her.
Audits: Not applicable.
Records: Any employer
subject to the Act is required to keep payroll records.
FINANCIAL INFORMATION:
Account Identification:
16-0105-0-1-505.
Obligations: (Salaries and
Expenses) Not Separately Identifiable. (Note: Obligations for 17.308 are
included in program 17.303.)
Range and Average of Financial Assistance:
Not applicable.
Program emphasis continued to be placed upon
registration activities and achieving greater compliance by farm labor
contractors with the provisions of the Migrant and Seasonal Agricultural
Worker Protection Act. Compliance actions conducted in fiscal year 2001
totaled 1,846.
REGULATIONS, GUIDELINES, AND LITERATURE:
Migrant and Seasonal Agricultural Worker Protection Act.
29 CFR, Part 500, contains information about the Act. Fact sheet ESA-13,
"Agricultural Workers-- Your Rights Under the Migrant and Seasonal
Agricultural Worker Protection Act," is available free of charge in
limited quantities.
INFORMATION CONTACTS:
Regional or Local Office:
Persons are encouraged to communicate with the State Employment Service
Office, or contact the nearest Wage and Hour Division Office listed in the
telephone directory under United States Government, Labor Department
Employment Standards Administration. If no listing is shown for your locality,
contact the nearest district office of the Wage and Hour Division listed in
Appendix IV of the Catalog under the Employment Standards Administration.
Headquarters Office:
Administrator, Wage and Hour Division, Employment Standards Administration,
Department of Labor, Washington, DC 20210. Telephone: (202) 693-0051.
