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29 U.S.C. § 1842 — Information and recordkeeping requirements

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1842 — Information and recordkeeping requirements

**(a) Written disclosure requirements imposed upon recruiters** (1) Each farm labor contractor, agricultural employer, and agricultural association which recruits any seasonal agricultural worker (other than day-haul workers described in [section 1802(10)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1802/10/A/ii&num=0&edition=prelim)) shall ascertain and, upon request, disclose in writing the following information when an offer of employment is made to such worker: (A) the place of employment; (B) the wage rates to be paid; (C) the crops and kinds of activities on which the worker may be employed; (D) the period of employment; (E) the transportation and any other employee benefit to be provided, if any, and any costs to be charged for each of them; (F) the existence of any strike or other concerted work stoppage, slowdown, or interruption of operations by employees at the place of employment; (G) 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; and (H) whether State workers’ compensation insurance is provided, and, if so, the name of the State workers’ compensation insurance carrier, the name of the policyholder of such insurance, the name and the 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. Compliance with the disclosure requirement of subparagraph (H) may be met if such worker is given, upon request, a photocopy of any notice regarding work

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Source file: Laws/federal/codes/united-states-code/title-29/section-1842-information-and-recordkeeping-requirements--d0c1a31f6e.md
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Source location: Title 29, Chapter 20, § 1842; chapter-020-migrant-and-seasonal-agricultural-worker-protection.md

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**(a) Written disclosure requirements imposed upon recruiters** (1) Each farm labor contractor, agricultural employer, and agricultural association which recruits any seasonal agricultural worker (other than day-haul workers described in [section 1802(10)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1802/10/A/ii&num=0&edition=prelim)) shall ascertain and, upon request, disclose in writing the following information when an offer of employment is made to such worker: (A) the place of employment; (B) the wage rates to be paid; (C) the crops and kinds of activities on which the worker may be employed; (D) the period of employment; (E) the transportation and any other employee benefit to be provided, if any, and any costs to be charged for each of them; (F) the existence of any strike or other concerted work stoppage, slowdown, or interruption of operations by employees at the place of employment; (G) 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; and (H) whether State workers’ compensation insurance is provided, and, if so, the name of the State workers’ compensation insurance carrier, the name of the policyholder of such insurance, the name and the 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. Compliance with the disclosure requirement of subparagraph (H) may be met if such worker is given, upon request, a photocopy of any notice regarding workers’ compensation insurance required by law of the State in which such worker is employed. (2) Each farm labor contractor, agricultural employer, and agricultural association which recruits seasonal agricultural workers through use of a day-haul operation described in [section 1802(10)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1802/10/A/ii&num=0&edition=prelim) shall ascertain and disclose in writing to the worker at the place of recruitment the information described in paragraph (1). **(b) Posting requirements imposed upon employers** Each farm labor contractor, agricultural employer, and agricultural association which employs any seasonal agricultural worker shall, at the place of employment, post in a conspicuous place a poster provided by the Secretary setting forth the rights and protections afforded such workers under this chapter, including the right of a seasonal agricultural worker to have, upon request, a written statement provided by the farm labor contractor, agricultural employer, or agricultural association, of the information described in subsection (a). Such employer shall provide, upon request, a written statement of the information described in subsection (a). **(c) Recordkeeping and information requirements imposed upon employers** Each farm labor contractor, agricultural employer, and agricultural association which employs any seasonal agricultural worker shall— (1) with respect to each such worker, make, keep, and preserve records for three years of the following information: (A) the basis on which wages are paid; (B) the number of piecework units earned, if paid on a piecework basis; (C) the number of hours worked; (D) the total pay period earnings; (E) the specific sums withheld and the purpose of each sum withheld; and (F) the net pay; and (2) provide to each such worker for each pay period, an itemized written statement of the information required by paragraph (1) of this subsection. **(d) Furnishing of records by farm labor contractor; maintenance of records by recipient** (1) 11 So in original. No par. (2) has been enacted. 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 seasonal agricultural workers, copies of all records with respect to each such worker which such farm labor contractor is required to retain by subsection (c)(1). The recipient of these records shall keep them for a period of three years from the end of the period of employment. **(e) Prohibition on knowingly providing false or misleading information to workers** No farm labor contractor, agricultural employer, or agricultural association shall knowingly provide false or misleading information to any seasonal agricultural worker concerning the terms, conditions, or existence of agricultural employment required to be disclosed by subsection (a), (b), or (c). **(f) Form and language requirements** The information required to be disclosed by subsections (a) and (b) of this section to seasonal agricultural workers shall be provided in written form. Such information shall be provided in English or, as necessary and reasonable, in Spanish or other language common to seasonal agricultural workers who are not fluent or literate in English. The Department of Labor shall make forms available in English, Spanish, and other languages, as necessary, which may be used in providing workers with information required under this section.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1801 — Agreements with Federal and State agencies

**(a) Scope of agreements** The Secretary may enter into agreements with Federal and State agencies (1) to use their facilities and services, (2) to delegate, subject to subsection (b), to Federal and State agencies such authority, other than rulemaking, as may be useful in carrying out this chapter, and (3) to allocate or transfer funds to, or otherwise pay or reimburse, such agencies for expenses incurred pursuant to agreements under clause (1) or (2) of this section. **(b) Delegation of authority pursuant to written State plan** Any delegation to a State agency pursuant to subsection (a)(2) shall be made only pursuant to a written State plan which— (1) shall include a description of the functions to be performed, the methods of performing such functions, and the resources to be devoted to the performance of such functions; and (2) provides assurances satisfactory to the Secretary that the State agency will comply with its description under paragraph (1) and that the State agency’s performance of functions so delegated will be at least comparable to the performance of such functions by the Department of Labor.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1821 — Transfer or assignment; expiration; renewal

**(a) Transfer or assignment prohibited** A certificate of registration may not be transferred or assigned. **(b) Expiration; renewals** (1) Unless earlier suspended or revoked, a certificate shall expire twelve months from the date of issuance, except that (A) certificates issued under this chapter during the period beginning December 1, 1982, and ending November 30, 1983, may be issued for a period of up to twenty-four months for the purpose of an orderly transition to registration under this chapter, (B) a certificate may be temporarily extended by the filing of an application with the Secretary at least thirty days prior to its expiration date, and (C) the Secretary may renew a certificate for additional twelve-month periods or for periods in excess of twelve months but not in excess of twenty-four months. (2) Eligibility for renewals for periods of more than twelve months shall be limited to farm labor contractors who have not been cited for a violation of this chapter, or any regulation under this chapter, or the Farm Labor Contractor Registration Act of 1963 [[7 U.S.C. 2041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2041&num=0&edition=prelim) et seq.], or any regulation under such Act, during the preceding five years.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1842 — Confirmation of registration

Page 753 TITLE 29—LABOR § 1851 of subtitle IV of title 49, and regulations prescribed thereunder.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENTS Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. Pub. L. 104–49, § 5(c), Nov. 15, 1995, 109 Stat. 435, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] takes effect upon the expira- tion of 180 days after the date of enactment of this Act [Nov. 15, 1995] or upon the issuance of final regulations under subsection (b) [set out below], whichever occurs first.’’ EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title. REGULATIONS Pub. L. 104–49, § 5(b), Nov. 15, 1995, 109 Stat. 435, pro- vided that: ‘‘Within 180 days of the date of the enact- ment of this Act [Nov. 15, 1995], the Secretary of Labor shall promulgate regulations establishing insurance levels under section 401(b)(3) of the Migrant and Sea- sonal Agricultural Worker Protection Act (29 U.S.C. 1841(b)(3)) as amended by subsection (a).’’ [Final regula- tions implementing Pub. L. 104–49 were signed May 13, 1996, published May 16, 1996, 61 F.R. 24858, and effective the same day.] § 1842. Confirmation of registration No person shall utilize the services of any farm labor contractor to supply any migrant or seasonal agricultural worker unless the person first takes reasonable steps to determine that the farm labor contractor possesses a certificate of registration which is valid and which author- izes the activity for which the contractor is uti- lized. In making that determinatio

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