[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: 29CFR500.76]



[Page 29-30]

 

                             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.  500.76  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 seasonal agricultural 

worker for employment on a farm or ranch to perform field work



[[Page 30]]



related to planting, cultivating or harvesting operations, shall 

ascertain and, upon request, disclose in writing the following 

information to such worker when an offer of employment is made:

    (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 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 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 satisfied 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 recruits any seasonal agricultural worker 

for employment through the use of day-haul operation in canning, 

packing, ginning, seed conditioning or related research, or processing 

operations, shall ascertain and disclose in writing to the worker at the 

time of recruitment the information on employment conditions set out in 

paragraph (b) of this section.

    (d)(1) Each farm labor contractor, agricultural employer and 

agricultural association which employs any seasonal agricultural worker 

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

place readily accessible to the worker a poster provided by the 

Secretary of Labor which sets out the rights and protections for such 

worker required under the Act.

    (2) Such employer shall provide, on request of the worker, a written 

statement of the information described in paragraph (b) of this section.

    (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.



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



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