[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR653.104]

[Page 431-432]
 
                      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 B--Services for Migrant and Seasonal Farmworkers (MSFWs)
 
Sec. 653.104  Services to MSFW family members, farm labor contractors, and crew members.

    (a) In addition to other requirements in this subpart, the following 
special requirements are established for services to MSFW family 
members, farm labor contractors and crew members. Except as provided at 
Secs. 653.103(e) and 653.105, no local office shall refer an MSFW family 
or crew unless each working member of the family or crew being referred, 
has filed either a full or partial application pursuant to 
Sec. 653.103(b) at a local office or has been issued a JS card in 
instances set forth in Sec. 653.103(h). Local offices may, upon request, 
provide general information, e.g., the types of crops in other areas, to 
farm labor contractors and family heads prior to the registration of all 
working members.
    (b) No local office shall accept an application from an individual 
for employment as a farm labor contractor or fill an agricultural job 
order submitted by a farm labor contractor (``FLC'') or farm labor 
contractor employee (``FLCE'') unless the FLC or FLCE shows or obtains a 
valid FLC certificate, or FLCE identification card

[[Page 432]]

where required by Federal law, and a valid State certification where 
required by State law. If a FLC or FLCE is temporarily without his or 
her valid FLC certificate or FLCE identification card the local office 
shall try to verify the existence of the valid certificate or 
identification card by telephoning the State central office and/or the 
Department of Labor's Employment Standards Administration regional 
office. The local office, however, shall not serve the FLC or FLCE until 
the existence of the valid certificate or identification card is 
verified.
    (c) Local offices may refer workers to registered farm labor 
contractors who are employers provided that a valid job order has been 
placed with the local office which clearly specifies all the terms and 
conditions of employment with the farm labor contractor shown as 
employer of record. Before a local office may refer workers to a farm 
labor contractor offering employment in another area of the State or in 
another State, one of two requirements must be met: Either a valid 
interstate clearance order from another State agency is on file in the 
office, or an intrastate order has been received from an office in 
another area of the State which is not within commuting distance of the 
office where the farm labor contractor is recruiting workers. Unless one 
of these conditions exists, the local office may only refer workers to a 
registered farm labor contractor who is an employer placing a local job 
order. Whenever the job order includes the provision of transportation, 
a FLC certificate authorizing transportation must be shown before 
workers are referred on the order.