The Act imposes certain specific recruitment, contractual and
general obligations on farm labor contractors and farm labor contractor
employees. The contractor is responsible for any violations under the
Act committed by his employee. Each of the following obligations applies
to both farm labor contractors and farm labor contractor employees.
(a) Each farm labor contractor shall provide to any other farm labor
contractor and to any agricultural employer and agricultural association
to which such farm labor contractor has furnished any migrant or
seasonal agricultural worker, copies of all records for that place of
employment which such farm labor contractor is required to retain for
each worker furnished or supplied. The recipient of these records shall
keep them for a period of three years.
(b) Each farm labor contractor, without regard to any other
provisions of this Act, shall obtain at each place of employment and
make available for inspection to every worker he furnishes for
employment, a written statement of the conditions of such employment as
described in sections 201(b) and 301(b) of the Act and Secs. 500.75 and
500.76 of these regulations. As with the written disclosure statements
under Secs. 500.76 and 500.77, these statements must be provided to the
workers in English or, as necessary and reasonable, in Spanish or
another language common to migrant or seasonal agricultural workers who
are not fluent in English.
(c)(1) No farm labor contractor shall violate, without
justification, the terms of any written agreements made with an
agricultural employer or an agricultural association pertaining to any
contracting activity or worker protection under the Act. Normally,
``without justification'' would not include situations in which failure
to comply with the terms of any written agreements was directly
attributable to Acts of God, due to conditions beyond the control of the
person or to conditions which he could not reasonably foresee.
(2) Written agreements do not relieve a farm labor contractor of any
responsibility that such contractor would otherwise have under the Act
and these regulations.
(d) All payroll records made by the farm labor contractor must be
retained by him for a period of three years.
