Farm Labor Contractor Registration

 

To provide protection in the areas of wages, housing, and transportation for migrant and seasonal agricultural workers.

Deleted 04/02/2020 (Archived.) 17.308 Agency: Department of Labor
Office: Wage and Hour Division ADVISORY SERVICES AND COUNSELING; INVESTIGATION OF COMPLAINTS Fiscal Year 2009: Not applicable. Fiscal Year 2010: Not applicable. Fiscal Year 2011: Not applicable. Migrant and Seasonal Agricultural Worker Protection Act, Public Law 97-470, as amended, 96 Stat. 2583; 29 U.S.C. 1801-1872. Farm labor 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. Migrant and seasonal agricultural workers. Farm Labor Contractor Certificate of Registration or Farm Labor Contractor Employee Certificate of Registration. This program is excluded from coverage under OMB Circular No. A-87. Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372. This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Farm labor 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 the nearest district office of the Wage and Hour Division for application forms and assistance. Not applicable. Not Applicable. 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. 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. 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. Not Applicable. 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 who provide transportion to migrant or seasonal farmworkers obtain motor vehicle liability insurance or, in some instances, Workers' Compensation Insurance and that they insure the migrant/seasonal 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 if housing is provided; 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 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. Not Applicable. Not Applicable. Any employer subject to the Act is required to keep payroll records. Farm Labor Contractors are required to furnish a copy of the payroll records to the agricultural employer or agricultural association who utilized the farm labor contractor's employees. This program has no statutory formula.
This program has no matching requirements.
This program does not have MOE requirements. Not applicable. See the following for information on how assistance is awarded/released: Not applicable. See Regional Agency Offices. 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. If no listing is shown for your locality, contact the nearest district office of the Wage and Hour Division listed in the Catalog. Robert DeVore, 200 Constitution Ave., N.W., Washington, District of Columbia 20210 Email: devore.robert@dol.gov Phone: (202) 693-0539. http://www.dol.gov.whd/mspa/index.htm 16-0105-0-1-505. (Salaries) FY 09 $193,092,000; FY 10 est $227,606,000; and FY 11 est $244,240,000 No Data Available. Migrant and Seasonal Agricultural Worker Protection Act. 29 CFR Part 500, contains information about the Act. Fact sheet ESA-13, Worker Rights Card - Farm Workers, "Agricultural Workers-- Your Rights Under the Migrant and Seasonal Agricultural Worker Protection Act," is available free of charge in limited quantities. Not Applicable.