(a) Where disclosure is required, Department of Labor optional forms
may be used to satisfy the requirements of disclosure under the Act.
(b) Each farm labor contractor, agricultural employer and
agricultural association, which recruits any seasonal agricultural
worker for employment on a farm or ranch to perform field work related
to planting, cultivating or harvesting operations, shall ascertain and,
upon request, disclose in writing the
following information to such worker when an offer of employment is
made:
(1) The place of employment (with as much specificity as practical,
such as the name and address of the employer or the association);
(2) The wage rates (including piece rates) to be paid;
(3) The crops and kinds of activities on which the worker may be
employed;
(4) The period of employment;
(5) The transportation and any other employee benefits to be
provided, if any, and any costs to be charged for each of them;
(6) Whether state workers' compensation or state unemployment
insurance is provided:
(i) If workers' compensation is provided, the required disclosure
must include the name of the workers' compensation insurance carrier,
the name(s) of the policyholder(s), the name and 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.
(ii) The information requirement in paragraph (b)(6)(i) of this
section may satisfied giving the worker a photocopy of any workers'
compensation notice required by State law;
(7) The existence of any strike or other concerted work stoppage,
slowdown, or interruption of operations by employees at the place of
employment; and
(8) 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.
(c) Each farm labor contractor, agricultural employer and
agricultural association which recruits any seasonal agricultural worker
for employment through the use of day-haul operation in canning,
packing, ginning, seed conditioning or related research, or processing
operations, shall ascertain and disclose in writing to the worker at the
time of recruitment the information on employment conditions set out in
paragraph (b) of this section.
(d)(1) Each farm labor contractor, agricultural employer and
agricultural association which employs any seasonal agricultural worker
shall post (and maintain) at the place of employment in a conspicuous
place readily accessible to the worker a poster provided by the
Secretary of Labor which sets out the rights and protections for such
worker required under the Act.
(2) Such employer shall provide, on request of the worker, a written
statement of the information described in paragraph (b) of this section.
(e) In a joint employment situation, each employer is equally
responsible for displaying and maintaining the poster and for responding
to worker requests for written statements of the conditions of
employment which are made during the course of employment. This joint
responsibility, however, does not require needless duplication, such as
would occur if each employer posted the same poster or provided the same
written statement with respect to the same employment conditions.
[48 FR 36741, Aug. 12, 1983, as amended at 61 FR 24866, May 16, 1996]
