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Farm Labor Contractor Registration

Published on AidPage by IDILOGIC on Jun 24, 2005

Administered by:

US Federal Government Agency (see all agencies)
Department of Labor , Employment Standards Administration
CFDA #: 17.308

Possible uses and use restrictions...

The program requires the contractor, agricultural employer or agricultural association to keep certain records and to comply with appropriate Federal and State safety and health standards for transportation and housing. It requires that contractors, agricultural employers and agricultural associations obtain motor vehicle liability insurance or, in some instances, Workers' Compensation Insurance and that they insure the migrant agricultural worker and his/her personal property against injury or damage arising out of a transportation accident. Contractors, agricultural employers and agricultural associations must also comply with the applicable regulations of the Department of Transportation, Bureau of Motor Carrier Safety. The Act distinguishes between the traditional farm labor contractor and fixed-situs agricultural employers. It provides important worker protections such as vehicle safety and insurance coverage against both personal liability and property damage while being transported in connection with their employment; housing safety and health; disclosure of wages, hours and working conditions; maintenance of necessary records and furnishing to workers itemized information concerning pay and withholding. It further provides exemptions for both family businesses and small businesses. Any farm labor contractor who, for any money or other valuable consideration paid or promised to be paid, recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker (excluding members of his/her immediate family) for agricultural employment, must register under the Act, unless qualified for specific exemptions. Agricultural employers and agricultural associations must comply with the worker protection standards, but are not required to register. Persons having knowledge of any practices or omissions which are not in compliance with the requirements of the Act, and persons requesting additional information concerning the Act are encouraged to write, telephone or visit the nearest State employment service office or the nearest Wage and Hour Division Office listed in Additional Contact Information - FMR Help. Information should be provided describing the type of business activity and the nature of the work performed. The names of persons making inquiries are treated in complete confidence. Users of the services of a farm labor contractor are prohibited from engaging the services of one who is unregistered. Failure to comply with this Act and its regulations may result in criminal prosecution, civil injunctive action, civil money damages and assessment of civil money penalties of up to $1,000 for each violation.