29 U.S.C. § 1821 — Information and recordkeeping requirements

(a) Written disclosure requirements imposed upon recruiters Each farm labor contractor, agricultural employer, and agricultural association that recruits a migrant agricultural worker must find out and disclose the following information in writing to each worker recruited for employment, at the time of recruitment: (1) The place of employment. (2) The wage rates that will be paid. (3) The crops and kinds of work in which the worker may be employed. (4) The period of employment. (5) Any transportation, housing, or other employee benefit that will be provided, and any cost that will be charged for each one. (6) Whether employees at the place of employment are on strike or are engaged in another joint work stoppage, slowdown, or interruption of operations. (7) Whether there is an arrangement with an owner or agent of any establishment in the employment area under which the farm labor contractor, agricultural employer, or agricultural association will receive a commission or another benefit from that establishment's sales to the workers. (8) Whether State workers' compensation insurance is provided. If it is provided, the disclosure must give the name of the State workers' compensation insurance carrier, the name of the policyholder, the name and telephone number of each person who must be notified about an injury or death, and the period within which that notice must be given. For paragraph (8), the requirement may be met by giving a migrant agricultural worker a photocopy of any notice about workers' compensation insurance that the law of the State where the worker is employed requires. The worker must receive the workers' compensation disclosure at recruitment. If enough information is not available then, the worker must receive it at the earliest practicable time, but never later than the start of work. This section uses the terms “farm labor contractor,” “agricultural employer,” “agricultural association,” “migrant agricultural worker,” “Secretary,” “employee benefit,” “concerted work stoppage,” and “State workers' compensation insurance,” but this section does not define those terms. (b) Posting requirements imposed upon employers Each farm labor contractor, agricultural employer, and agricultural association that employs a migrant agricultural worker must post, in a conspicuous place at the workplace, a poster provided by the Secretary. The poster must state the rights and protections that this chapter gives these workers. It must include the worker's right, upon request, to receive from the farm labor contractor, agricultural employer, or agricultural association a written statement of the information described in subsection (a). The employer must provide that written statement upon request. (c) Posting or notice requirements imposed upon housing providers Each farm labor contractor, agricultural employer, and agricultural association that provides housing for a migrant agricultural worker must either post in a conspicuous place or give the worker a statement of any terms and conditions for occupying that housing. (d) Recordkeeping and information requirements imposed upon employers Each farm labor contractor, agricultural employer, and agricultural association that employs a migrant agricultural worker must do both of the following: (1) For each worker, make, keep, and preserve records for three years showing: (A) The basis on which wages are paid. (B) The number of piecework units earned, if the worker is paid by piecework. (C) The number of hours worked. (D) The worker's total earnings for the pay period. (E) Each specific amount withheld and the purpose of that withholding. (F) The worker's net pay. (2) For each pay period, give each worker an itemized written statement containing the information required by paragraph (1). (e) Furnishing of records by farm labor contractor; maintenance of records by recipient Each farm labor contractor must give any other farm labor contractor, agricultural employer, or agricultural association to which it supplied migrant agricultural workers copies of all records for each worker that subsection (d)(1) requires the farm labor contractor to keep. The recipient must keep those records for three years after the employment period ends. (f) Prohibition on knowingly providing false or misleading information to workers A farm labor contractor, agricultural employer, or agricultural association may not knowingly give a migrant agricultural worker false or misleading information about the terms, conditions, or existence of agricultural employment that subsections (a), (b), (c), or (d) requires to be disclosed. (g) Form and language requirements The information that subsections (a) through (c) require to be disclosed to migrant agricultural workers must be provided in writing. It must be provided in English or, when necessary and reasonable, in Spanish or another language commonly used by migrant agricultural workers who are not fluent or literate in English. The Department of Labor must make forms available in English, Spanish, and other languages as necessary. The forms may be used to provide workers with the information required by this section.