[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: 29CFR500.75]



[Page 28-29]

 

                             TITLE 29--LABOR

 

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

 

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

Contents

 

                      Subpart C_Worker Protections

 

Sec.  500.75  Disclosure of information.



    (a) Where disclosure is required, Department of Labor optional forms 

may be used to satisfy the requirements of disclosure under the Act.

    (b) Each farm labor contractor, agricultural employer, and 

agricultural association which recruits any migrant agricultural worker 

shall ascertain to the best of his ability and disclose, in writing to 

the extent that he has obtained such information, to such worker at the 

time of recruitment, the following information:

    (1) The place of employment (with as much specificity as practical, 

such as the name and address of the employer or the association);

    (2) The wage rates (including piece rates) to be paid;

    (3) The crops and kinds of activities on which the worker may be 

employed;

    (4) The period of employment;

    (5) The transportation, housing, and any other employee benefits to 

be provided, if any, and any costs to be charged for each of them;

    (6) Whether state workers' compensation or state unemployment 

insurance is provided:

    (i) If workers' compensation is provided, the required disclosure 

must include the name of the workers' compensation insurance carrier, 

the



[[Page 29]]



name(s) of the policyholder(s), the name and telephone number of each 

person who must be notified of an injury or death, and the time period 

within which such notice must be given.

    (ii) The information requirement in paragraph (b)(6)(i) of this 

section may be satisfied by giving the worker a photocopy of any 

workers' compensation notice required by State law;.

    (7) The existence of any strike or other concerted work stoppage, 

slowdown, or interruption of operations by employees at the place of 

employment; and

    (8) The existence of any arrangements with any owner or agent of any 

establishment in the area of employment under which the farm labor 

contractor, the agricultural employer, or the agricultural association 

is to receive a commission or any other benefit resulting from any sales 

by such establishment to the workers.

    (c) Each farm labor contractor, agricultural employer and 

agricultural association which employs any migrant agricultural worker 

shall post (and maintain) in a conspicuous place at the place of 

employment a poster provided by the Secretary of Labor, which sets out 

the rights and protections for workers required under the Act.

    (d) The employer (other than a farm labor contractor) of any migrant 

agricultural worker, shall provide at the place of employment on request 

of the worker, a written statement of the conditions of employment. A 

farm labor contractor shall provide such information in accordance with 

Sec.  500.60(b) of these regulations.

    (e) In a joint employment situation, each employer is equally 

responsible for displaying and maintaining the poster and for responding 

to worker requests for written statements of the conditions of 

employment which are made during the course of employment. This joint 

responsibility, however, does not require needless duplication, such as 

would occur if each employer posted the same poster or provided the same 

written statement with respect to the same employment conditions. 

Failure to provide the information required by a joint employment 

relationship, however, will result in all joint employers being 

responsible for that failure.

    (f) Each farm labor contractor, agricultural employer and 

agricultural association which provides housing for any migrant 

agricultural worker shall post in a conspicuous place (at the site of 

the housing) or present in the form of a written statement to the worker 

the following information on the terms and conditions of occupancy of 

such housing, if any:

    (1) The name and address of the farm labor contractor, agricultural 

employer



or agricultural association providing the housing;

    (2) The name and address of the individual in charge of the housing;

    (3) The mailing address and phone number where persons living in the 

housing facility may be reached;

    (4) Who may live at the housing facility;

    (5) The charges to be made for housing;

    (6) The meals to be provided and the charges to be made for them;

    (7) The charges for utilities; and

    (8) Any other charges or conditions of occupancy.

    (g) If the terms and conditions of occupancy are posted, the poster 

shall be displayed and maintained during the entire period of occupancy. 

If the terms and conditions of occupancy are disclosed to the worker 

through a statement (rather than through a posting), such statement 

shall be provided to the worker prior to occupancy. Department of Labor 

optional forms may be used to satisfy this requirement.



[48 FR 36741, Aug. 12, 1983, as amended at 61 FR 24866, May 16, 1996]



    Hiring and Providing Information to Seasonal Agricultural Workers