(a) Congress stated, in enacting the Migrant and Seasonal
Agricultural Worker Protection Act that ``[I]t is the purpose of this
Act to remove the restraints on commerce caused by activities
detrimental to migrant and seasonal agricultural workers; to require
farm labor contractors to register under this Act; and to assure
necessary protections for migrant and seasonal agricultural workers,
agricultural associations, and agricultural employers.'' It authorized
the Secretary to issue such rules and regulations as are necessary to
carry out the Act consistent with the requirements of chapter 5 of title
5, United States Code.
(b) These regulations implement this purpose and policy. The
regulations contained in this part are issued in accordance with section
511 of the Act and establish the rules and regulations necessary to
carry out the Act.
(c) Any farm labor contractor, as defined in the Act, is required to
obtain a Certificate of Registration issued pursuant to the Act from the
Department of Labor or from a State agency authorized to issue such
certificates on behalf of the Department of Labor. Such a farm labor
contractor must ensure that any individual whom he employs to perform
any farm labor contracting activities also obtains a Certificate of
Registration. The farm labor contractor is responsible, as well, for any
violation of the Act or these regulations by any such employee whether
or not the employee obtains a certificate. In addition to registering,
farm labor contractors must comply with all other applicable provisions
of the Act when they recruit, solicit, hire, employ, furnish or
transport or, in the case of migrant agricultural workers, provide
housing.
(d) Agricultural employers and agricultural associations which are
subject to the Act must comply with all of the worker protections which
are applicable under the Act to migrant or seasonal agricultural workers
whom they recruit, solicit, hire, employ, furnish, or transport or, in
the case of migrant agricultural workers, provide housing. The
obligations will vary, depending on the types of activities affecting
migrant or seasonal agricultural workers. Agricultural employers and
agricultural associations and their employees need not obtain
Certificates of Registration in order to engage in these activities,
even if the workers they obtain are utilized by other persons or on the
premises of another.
(e) The Act empowers the Secretary of Labor to enforce the Act,
conduct investigations, issue subpenas and, in the case of designated
violations of the Act, impose sanctions. As provided in the Act, the
Secretary is empowered, among other things, to impose an assessment and
to collect a civil money penalty of not more than $1,000 for each
violation, to seek a temporary or permanent restraining order in a U.S.
District Court, and to seek the imposition of criminal penalties on
persons who willfully and knowingly violate the Act or any regulation
under the Act. In accordance with the Act and with these regulations,
the Secretary may refuse to issue or to renew, or may suspend or revoke
a certificate of registration issued to a farm labor contractor or to a
person who engages in farm labor contracting as an employee of a farm
labor contractor.
(f) The facilities and services of the U.S. Employment Service,
including State agencies, authorized by the Wagner-Peyser Act may be
denied to any person found by a final determination by an appropriate
enforcement agency to have violated any employment-related laws
including MSPA when notification of this final determination has been
provided to the Job Service by that enforcement agency. See 20 CFR
658.501(a)(4). The facilities and services of the U.S. Employment
Service shall be restored immediately upon compliance with 20 CFR
658.502(a)(4).
(g) Subparts A through E set forth the substantive regulations
relating to farm labor contractors, agricultural employers and
agricultural associations. These subparts cover the applicability of the
Act, registration requirements applicable to farm labor contractors, the
obligations of persons who hold Certificates of Registration, the worker
protections which must be complied with by all who are subject to the
Act, and the enforcement authority of the Secretary.
(h) Subpart F sets forth the rules of practice for administrative
hearings relating to actions involving Certificates of Registration. It
also outlines the procedure to be followed for filing a challenge to a
proposed administrative action relating to violations and summarizes the
methods provided for collection and recovery of a civil money penalty.
(i)(1) The Act requires that farm labor contractors obtain a
certificate of registration from the Department of Labor prior to
engaging in farm labor contracting activities. The Act also requires
registration by individuals who will perform farm labor contracting
activities for a farm labor contractor. Form WH-510 and WH-512 are the
applications used to obtain Farm Labor Contractor and Farm Labor
Contractor Employee Certificates of Registration. These forms have been
approved by the Office of Management and Budget (OMB) under control
numbers 1215-0038 (WH-510) and 1215-0037 (WH-512). Forms WH-514 and WH-
514a are used when applying for transportation authorization to furnish
proof of compliance with vehicle safety requirements. These forms have
been jointly cleared by OMB under control number 1215-0036.
(2) The Act further requires disclosure to migrant and seasonal
agricultural workers regarding wages, hours and other working conditions
and housing when provided to migrant workers. The Department of Labor
has developed optional forms for use in making the required disclosure.
OMB has approved the following: Worker Information (WH-516) 1215-0145
and Housing Terms and Conditions (WH-521) 1215-0146.
(3) The Act also requires that farm labor contractors, agricultural
employers and agricultural associations make, keep, preserve and
disclose certain payroll records. Forms WH-501 and WH-501a (Spanish
version) are provided to assist in carrying out this requirement. In
addition, farm labor contractors who are applying for housing
authorization must submit information which identifies the housing to be
used along with proof of compliance with housing safety and health
requirements. There has been no form developed for this purpose. The Act
further requires disclosure by the insurance industry of certain
information pertaining to cancellation of vehicle liability insurance
policies. The requirements concerning recordkeeping, housing and
insurance have been cleared by OMB under control number 1215-0148.
(4) The Act provides that no farm labor contractor shall knowingly
employ or utilize the services of aliens not lawfully admitted for
permanent residence or who have not been authorized by the Attorney
General to accept employment. Form WH-509 is an optional form which may
be used to self-certify that the applicant is a citizen of the U.S. This
form has been cleared by
OMB under control number 1215-0091. (See Sec. 500.59(a)(11)).
[48 FR 36741, Aug. 12, 1983; 48 FR 38380, Aug. 23, 1983]
