[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR500.60]



[Page 26]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 500_MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION--Table of 

Contents

 

 Subpart B_Registration of Farm Labor Contractors and Employees of Farm 

     Labor Contractors Engaged in Farm Labor Contracting Activities

 

Sec.  500.60  Farm labor contractors' recruitment, contractual and general 

obligations.



    The Act imposes certain specific recruitment, contractual and 

general obligations on farm labor contractors and farm labor contractor 

employees. The contractor is responsible for any violations under the 

Act committed by his employee. Each of the following obligations applies 

to both farm labor contractors and farm labor contractor employees.

    (a) 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 any migrant or 

seasonal agricultural worker, copies of all records for that place of 

employment which such farm labor contractor is required to retain for 

each worker furnished or supplied. The recipient of these records shall 

keep them for a period of three years.

    (b) Each farm labor contractor, without regard to any other 

provisions of this Act, shall obtain at each place of employment and 

make available for inspection to every worker he furnishes for 

employment, a written statement of the conditions of such employment as 

described in sections 201(b) and 301(b) of the Act and Sec. Sec.  500.75 

and 500.76 of these regulations. As with the written disclosure 

statements under Sec. Sec.  500.76 and 500.77, these statements must be 

provided to the workers in English or, as necessary and reasonable, in 

Spanish or another language common to migrant or seasonal agricultural 

workers who are not fluent in English.

    (c)(1) No farm labor contractor shall violate, without 

justification, the terms of any written agreements made with an 

agricultural employer or an agricultural association pertaining to any 

contracting activity or worker protection under the Act. Normally, 

``without justification'' would not include situations in which failure 

to comply with the terms of any written agreements was directly 

attributable to Acts of God, due to conditions beyond the control of the 

person or to conditions which he could not reasonably foresee.

    (2) Written agreements do not relieve a farm labor contractor of any 

responsibility that such contractor would otherwise have under the Act 

and these regulations.

    (d) All payroll records made by the farm labor contractor must be 

retained by him for a period of three years.