(a) In addition to other requirements in this subpart, the following
special requirements are established for services to MSFW family
members, farm labor contractors and crew members. Except as provided at
Secs. 653.103(e) and 653.105, no local office shall refer an MSFW family
or crew unless each working member of the family or crew being referred,
has filed either a full or partial application pursuant to
Sec. 653.103(b) at a local office or has been issued a JS card in
instances set forth in Sec. 653.103(h). Local offices may, upon request,
provide general information, e.g., the types of crops in other areas, to
farm labor contractors and family heads prior to the registration of all
working members.
(b) No local office shall accept an application from an individual
for employment as a farm labor contractor or fill an agricultural job
order submitted by a farm labor contractor (``FLC'') or farm labor
contractor employee (``FLCE'') unless the FLC or FLCE shows or obtains a
valid FLC certificate, or FLCE identification card where required by
Federal law, and a valid State certification where required by State
law. If a FLC or FLCE is temporarily without his or her valid FLC
certificate or FLCE identification
card the local office shall try to verify the existence of the valid
certificate or identification card by telephoning the State central
office and/or the Department of Labor's Employment Standards
Administration regional office. The local office, however, shall not
serve the FLC or FLCE until the existence of the valid certificate or
identification card is verified.
(c) Local offices may refer workers to registered farm labor
contractors who are employers provided that a valid job order has been
placed with the local office which clearly specifies all the terms and
conditions of employment with the farm labor contractor shown as
employer of record. Before a local office may refer workers to a farm
labor contractor offering employment in another area of the State or in
another State, one of two requirements must be met: Either a valid
interstate clearance order from another State agency is on file in the
office, or an intrastate order has been received from an office in
another area of the State which is not within commuting distance of the
office where the farm labor contractor is recruiting workers. Unless one
of these conditions exists, the local office may only refer workers to a
registered farm labor contractor who is an employer placing a local job
order. Whenever the job order includes the provision of transportation,
a FLC certificate authorizing transportation must be shown before
workers are referred on the order.
