Farm Labor Contractor Registration (17.308)

Program

17.308 Farm Labor Contractor Registration

Federal Agency

Agency: Department of Labor
Office: Employment Standards Administration

Authorization

Migrant and Seasonal Agricultural Worker Protection Act, Public Law 97-470, as amended, 96 Stat. 2583; 29 U.S.C. 1801-1872.

Program Number

17.308

Last Known Status

Active

Objectives

To provide protection in the areas of wages, housing, and transportation for migrant and seasonal agricultural workers.

Types of Assistance

ADVISORY SERVICES AND COUNSELING; INVESTIGATION OF COMPLAINTS

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 transporting migrant or seasonal farmworkers obtain motor vehicle liability insurance or, in some instances, Workers' Compensation Insurance and that they insure the migrant/seasonal 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 Appendix IV of the Catalog. 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.

Eligibility Requirements

Applicant Eligibility

Farm labor contractors and their full-time or regular employees who recruit, solicit, hire, employ, furnish or transport migrant or seasonal agricultural workers for any money or other valuable consideration paid or promised to be paid for agricultural employment, must register with the Department of Labor.

Beneficiary Eligibility

Migrant and seasonal agricultural workers.

Credentials/Documentation

Certificate of Registration or Employee Certificate of Registration. This program is excluded from coverage under OMB Circular No. A-87.

Application and Award Process

Preapplication Coordination

Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Farm labor contractors and their full-time or regular employees who recruit, solicit, hire, employ, furnish, or transport migrant or seasonal agricultural workers for any money or other valuable consideration paid or promised to be paid for agricultural employment, should contact the local office of the Employment Service or the nearest district office of the Wage and Hour Division for application forms and assistance.

Award Procedure

Not applicable.

Deadlines

Not Applicable.

Range of Approval/Disapproval Time

Applications for Farm labor contractor employee certificates of registration or farm labor contractor employee certificates of registration are usually processed within 2 to 3 weeks.

Appeals

Applicants whose applications have been denied or revoked have 30 days to request a hearing on the decision to refuse to issue, refuse to renew or revoke. Persons who have been assessed civil money penalties have 30 days to request a hearing on the decision to assess.

Renewals

Same procedure as making initial application. When application for renewal of a valid certificate is submitted prior to at least 30 days before the expiration date, the applicant may continue to operate under the terms of the existing certificate until a final determination is made on the renewal application.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula.

This program has no matching requirements.

This program does not have MOE requirements.

Length and Time Phasing of Assistance

Not applicable. See the following for information on how assistance is awarded/released: Not applicable.

Post Assistance Requirements

Reports

Audits

Not Applicable.

Records

Any employer subject to the Act is required to keep payroll records.

Program Accomplishments

Fiscal Year 2008: Program emphasis continues to be placed upon registration activities and achieving greater compliance by farm labor contractors with the provisions of the Migrant and Seasonal Agricultural Worker Protection Act. In fiscal year 2008 the agency collected over $2,116,000 in back wages for approximately 5,400 agricultural workers. Fiscal Year 2009: Not applicable. Fiscal Year 2010: Not applicable.

Financial Information

Account Identification

16-0105-0-1-505.

Obligations

(Salaries) FY 08 not reported.; FY 09 est not reported.; FY 10 est not reported.

Range and Average of Financial Assistance

No Data Available.

Regulations, Guidelines and Literature

Migrant and Seasonal Agricultural Worker Protection Act. 29 CFR Part 500, contains information about the Act. Fact sheet ESA-13, Worker Rights Card - Farm Workers, "Agricultural Workers-- Your Rights Under the Migrant and Seasonal Agricultural Worker Protection Act," is available free of charge in limited quantities.

Related Programs

17.207 Employment Service/Wagner-Peyser Funded Activities; 17.303 Wage and Hour Standards

Information Contacts

Regional or Local Office

See Regional Agency Offices. Persons are encouraged to communicate with the State Employment Service Office, or contact the nearest Wage and Hour Division Office listed in the telephone directory under United States Government, Labor Department Employment Standards Administration. If no listing is shown for your locality, contact the nearest district office of the Wage and Hour Division listed in Appendix IV of the Catalog under the Employment Standards Administration.

Headquarters Office

Robert DeVore 200 Constitution Ave., N.W., Washington, District of Columbia 20210 Email: devore.robert@dol.gov Phone: 202-693-0539

Web Site Address

http://www.dol.gov.whd/mspa/index.htm

Examples of Funded Projects

Not Applicable.

Criteria for Selecting Proposals

Not Applicable.