[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR653.503]

[Page 445-446]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 653--SERVICES OF THE EMPLOYMENT SERVICE SYSTEM--Table of Contents
 
            Subpart F--Agricultural Clearance Order Activity
 
Sec. 653.503  Field checks.

    (a) The State agency, through its local offices or otherwise, shall 
conduct random, unannounced field checks at a significant number of 
agricultural worksites to which JS placements have been made through the 
intrastate or interstate clearance system. These field checks shall 
include visit(s) to the

[[Page 446]]

worksite at a time when workers are there. Both the employees and the 
employer shall be consulted, and JS shall determine and document whether 
wages, hours, working and housing conditions are as specified in job 
orders. JS staff shall keep records of all field checks. If State agency 
personnel observe or receive information, or otherwise have reason to 
believe that conditions are not as stated on the job order or that an 
employer is violating an employment related law, the State agency shall 
document the finding and attempt informal resolution. If the matter has 
not been resolved within 5 working days, the State agency shall follow 
the procedures set forth at subpart F of part 658 of this chapter. 
Violations of employment related laws shall be referred to appropriate 
enforcement agencies in writing.
    (b) State agencies, to the maximum extent possible, shall make 
formal or informal arrangements with appropriate State and Federal 
enforcement agencies pursuant to which such agencies will agree to 
conduct compliance reviews in their areas of enforcement responsibility 
at agricultural worksites where the State agency has placed workers 
through the agricultural clearance system and to inform the State agency 
if violations are found. An enforcement agency compliance review shall 
satisfy the requirement for State agency field checks where all aspects 
of wages, hours, working and housing conditions have been reviewed by 
the enforcement agency reviews. The State agency shall supplement 
enforcement agency efforts with field checks focusing on areas not 
addressed by enforcement agencies. State agencies shall report 
difficulties in making such formal or informal arrangements with State 
enforcement agencies as well as deficiencies in State enforcement agency 
activities to the Regional Farm Labor Coordinated Enforcement Committee.

(Approved by the Office of Management and Budget under control number 
1205-0039)

(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[46 FR 39466, June 10, 1980, as amended at 47 FR 145, Jan. 5, 1982]