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

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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Source location: USCODE-2024-title29-chap20-subchapIV-sec1842.pdf

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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 determination, the person may rely upon either possession of a certificate of registration, or confirmation of such registra- tion by the Department of Labor. The Secretary shall maintain a central public registry of all persons issued a certificate of registration. (Pub. L. 97–470, title IV, § 402, Jan. 14, 1983, 96 Stat. 2595.) Statutory Notes and Related Subsidiaries 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. § 1843. Information on employment conditions Each farm labor contractor, without regard to any other provisions of this chapter, shall ob- tain at each place of employment and make available for inspection to every worker he fur- nishes for employment, a written statement of the conditions of such employment as described in sections 1821(b) and 1831(b) of this title. (Pub. L. 97–470, title IV, § 403, Jan. 14, 1983, 96 Stat. 2595.) Statutory Notes and Related Subsidiaries 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. § 1844. Compliance with written agreements (a) Applicability to contracting activity or work- er protection No farm labor contractor shall violate, with- out 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 this chapter. (b) Statutory liability Written agreements under this section do not relieve a person of any responsibility that such person would otherwise have under this chapter. (Pub. L. 97–470, title IV, § 404, Jan. 14, 1983, 96 Stat. 2596.) Statutory Notes and Related Subsidiaries 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. SUBCHAPTER V—GENERAL PROVISIONS PART A—ENFORCEMENT PROVISIONS § 1851. Criminal sanctions (a) Violations of chapter or regulations Any person who willfully and knowingly vio- lates this chapter or any regulation under this chapter shall be fined not more than $1,000 or sentenced to prison for a term not to exceed one year, or both. Upon conviction for any subse- quent violation of this chapter or any regulation under this chapter, the defendant shall be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both. (b) Violations of section 1324a(a) of title 8 If a farm labor contractor who commits a vio- lation of paragraph (1) or (2) of section 1324a(a) of title 8 has been refused issuance or renewal of, or has failed to obtain, a certificate of reg- istration or is a farm labor contractor whose certificate has been suspended or revoked, the contractor shall, upon conviction, be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both. (Pub. L. 97–470, title V, § 501, Jan. 14, 1983, 96 Stat. 2596; Pub. L. 99–603, title I, § 101(b)(1)(D), Nov. 6, 1986, 100 Stat. 3372.) Editorial Notes AMENDMENTS 1986—Subsec. (b). Pub. L. 99–603 substituted ‘‘para- graph (1) or (2) of section 1324a(a) of title 8’’ for ‘‘sec- tion 1816 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–603 applicable to employ- ment, recruitment, referral, or utilization of services of an individual occurring on or after first day of seventh month beginning after Nov. 6, 1986, see section 101(b)(2) of Pub. L. 99–603, as amended, set out as a note under section 1802 of this title. 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.

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

29 U.S.C. § 1841 — Safety and health of housing

**(a) Compliance with substantive Federal and State safety and health standards** Except as provided in subsection (c), each person who owns or controls a facility or real property which is used as housing for migrant agricultural workers shall be responsible for ensuring that the facility or real property complies with substantive Federal and State safety and health standards applicable to that housing. **(b) Certification that applicable safety and health standards met; posting of certificate of occupancy; retention of certificate and availability for inspection and review; occupancy prior to inspection** (1) Except as provided in subsection (c) and paragraph (2) of this subsection, no facility or real property may be occupied by any migrant agricultural worker unless either a State or local health authority or other appropriate agency has certified that the facility or property meets applicable safety and health standards. No person who owns or controls any such facility or property shall permit it to be occupied by any migrant agricultural worker unless a copy of the certification of occupancy is posted at the site. The receipt and posting of a certificate of occupancy does not relieve any person of responsibilities under subsection (a). Each such person shall retain the original certification for three years and shall make it available for inspection and review in accordance with [section 1862 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1862&num=0&edition=prelim). (2) Notwithstanding paragraph (1) of this subsection, if a request for the inspection of a facility or real property is made to the appropriate State or local agency at least forty-five days prior to the date on which it is occupied by migrant agricultural

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

29 U.S.C. § 1841 — Motor vehicle safety

Page 751 TITLE 29—LABOR § 1841 1 So in original. No par. (2) has been enacted. 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 de- scribed 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 em- ployer, and agricultural association which em- ploys 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 pur- pose 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 con- tractor; maintenance of records by recipient (1) 1 Each farm labor contractor shall provide to any other farm labor contractor and to any agricultural employer and agricultural associa- tion 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 th

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1841

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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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