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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Migrant and Seasonal Agricultural Worker Protection |
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| Worker Protections |
29 CFR 500.75 - Disclosure of information.
- Section Number: 500.75
- Section Name: Disclosure of information.
(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 migrant agricultural worker
shall ascertain to the best of his ability and disclose, in writing to
the extent that he has obtained such information, to such worker at the
time of recruitment, the following information:
(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, housing, 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 be satisfied by 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 employs any migrant agricultural worker
shall post (and maintain) in a conspicuous place at the place of
employment a poster provided by the Secretary of Labor, which sets out
the rights and protections for workers required under the Act.
(d) The employer (other than a farm labor contractor) of any migrant
agricultural worker, shall provide at the place of employment on request
of the worker, a written statement of the conditions of employment. A
farm labor contractor shall provide such information in accordance with
Sec. 500.60(b) of these regulations.
(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.
Failure to provide the information required by a joint employment
relationship, however, will result in all joint employers being
responsible for that failure.
(f) Each farm labor contractor, agricultural employer and
agricultural association which provides housing for any migrant
agricultural worker shall post in a conspicuous place (at the site of
the housing) or present in the form of a written statement to the worker
the following information on the terms and conditions of occupancy of
such housing, if any:
(1) The name and address of the farm labor contractor, agricultural
employer
or agricultural association providing the housing;
(2) The name and address of the individual in charge of the housing;
(3) The mailing address and phone number where persons living in the
housing facility may be reached;
(4) Who may live at the housing facility;
(5) The charges to be made for housing;
(6) The meals to be provided and the charges to be made for them;
(7) The charges for utilities; and
(8) Any other charges or conditions of occupancy.
(g) If the terms and conditions of occupancy are posted, the poster
shall be displayed and maintained during the entire period of occupancy.
If the terms and conditions of occupancy are disclosed to the worker
through a statement (rather than through a posting), such statement
shall be provided to the worker prior to occupancy. Department of Labor
optional forms may be used to satisfy this requirement.
[48 FR 36741, Aug. 12, 1983, as amended at 61 FR 24866, May 16, 1996]
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