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500.3 Effective date of the Act; transition period; repeal of the Farm Labor Contractor Registration Act.
500.4 Effect of prior judgments and final
orders obtained under the Farm Labor Contractor Registration Act.
500.5 Filing of applications, notices and documents.
500.6 Accuracy of information, statements and data.
500.7 Investigation authority of the Secretary.
500.8 Prohibition on interference with Department of Labor officials.
500.9 Discrimination prohibited. 500.10 Waiver of rights prohibited. 500.20 Definitions.
APPLICABILITY OF THE ACT: EXEMPTIONS 500.30 Persons not subject to the Act.
Subpart B-Registration of Farm Labor Contractors and Employees of Farm Labor Contractors Engaged in Farm Labor Contracting Activities
REGISTRATION REQUIREMENTS: GENERAL
500.40 Registration in general.
500.41 Farm labor contractor is responsible for actions of his farm labor contractor employee.
500.42 Certificate of Registration to be carried and exhibited.
500.51 Refusal to issue or to renew, or suspension or revocation of certificate.
500.52 Right to hearing.
500.53 Nontransfer of certificate. 500.54 Change of address.
500.55 Changes to or amendments of certificate authority.
500.56 Replacement of Certificate of Registration or Farm Labor Contractor Employee Certificate.
ADDITIONAL OBLIGATIONS OF FARM LABOR CONTRACTORS AND FARM LABOR CONTRACTOR EMPLOYEES
500.60 Farm labor contractors' recruitment, contractual and general obligations.
500.61 Farm Labor contractors must comply with all worker protections and all other statutory provisions.
500.62 Obligations of a person holding a valid Farm Labor Contractor Employee Certificate of Registration.
Subpart C-Worker Protections
Scope of worker protections.
500.71 Utilization of only registered farm labor contractors.
500.72 Agreements with workers. 500.73 Required purchase of goods or services solely from any person prohibited. RECRUITING, HIRING AND PROVIDING INFORMATION TO MIGRANT AGRICULTURAL WORKERS
500.75 Disclosure of information.
HIRING AND PROVIDING INFORMATION TO SEASONAL AGRICULTURAL WORKERS 500.76 Disclosure of information.
EMPLOYMENT INFORMATION FURNISHED 500.77 Accuracy of information furnished. 500.78 Information in foreign language. WAGES AND PAYROLL STANDARDS Payroll records required. Payment of wages when due.
500.43 Effect of failure to produce certificate.
APPLICATIONS AND RENEWAL OF FARM LABOR CONTRACTOR AND FARM LABOR CONTRACTOR EMPLOYEE CERTIFICATES
500.44 Form of application.
500.45 Contents of application.
500.46 Filing an application.
500.47 Place for filing application.
ACTION ON APPLICATION
500.48 Issuance of certificate. 500.50 Duration of certificate.
Subpart D-Motor Vehicle Safety and Insurance for Transportation of Migrant and Seasonal Agricultural Workers, Housing Safety and Health for Migrant Workers
MOTOR VEHICLE SAFETY
500.100 Vehicle safety obligations.
500.101 Promulgation and adoption of vehicle standards.
500.124 Liability bond in lieu of insurance policy.
500.125 Qualifications and eligibility of insurance carrier or surety.
500.126 Duration of insurance or liability bond.
500.127 Limitations on cancellation of insurance or liability bond of registered farm labor contractors.
500.128 Cancellation of insurance policy or liability bond not relief from insurance requirements.
HOUSING SAFETY AND HEALTH
500.130 Application and scope of safety and health requirement.
500.131 Exclusion from housing safety and health requirement.
500.132 Applicable Federal standards: ETA and OSHA housing standards.
500.133 Substantive Federal and State safety and health standards defined. 500.134 Compliance with State standards. 500.135 Certificate of housing inspection.
AGREEMENTS WITH FEDERAL AND STATE
500.156 Scope of agreements with Federal agencies.
500.157 Scope of agreements with State agencies.
500.158 Functions delegatable.
500.159 Submission of plan.
500.160 Approved State plans.
CENTRAL PUBLIC REGISTRY
500.170 Establishment of registry.
Subpart F-Administrative Proceedings
500.200 Establishment of procedures and rules of practice.
500.201 Applicability of procedures and rules.
500.220 Service of determinations and computation of time.
500.221 Commencement of proceeding.
REFERRAL FOR HEARING
500.224 Referral to Administrative Law Judge.
500.225 Notice of docketing.
500.226 Service upon attorneys for the Department of Labor-number of copies. PROCEDURES BEFORE ADMINISTRATIVE LAW
500.231 Appearances; representation of the Department of Labor.
500.232 Consent findings and order.
500.262 Decision and order of Administrative Law Judge.
MODIFICATION OR VACATION OF ORDER OF ADMINISTRATIVE LAW JUDGE
500.263 Authority of the Secretary. 500.264 Procedures for initiating review. 500.265 Implementation by the Secretary. 500.266 Responsibility of the Office of Administrative Law Judges.
500.267 Filing and Service.
500.268 Final decision of the Secretary. 500.269 Stay pending decision of the Secretary.
500.270 Retention of official record. 500.271 Certification of official record.
AUTHORITY: Pub. L. 97-470, 96 Stat. 2583 (29 U.S.C. 1801-1872); Secretary's Order No. 6-84, 49 FR 32473; Sec. 210A(f), Pub. L. 99– 603, 100 Stat. 3359 (8 U.S.C. 1161(f)).
SOURCE: 48 FR 36741, Aug. 12, 1983, unless otherwise noted.
Subpart A-General Provisions
§ 500.0 Introduction.
(a) The Migrant and Seasonal Agricultural Worker Protection Act (MSPA), hereinafter referred to as MSPA or the Act, repeals and replaces the Farm Labor Contractor Registration Act of 1963, as amended, hereinafter referred to as FLCRA or the Farm Labor Contractor Registration Act. Prior judgments and final orders obtained under FLCRA continue in effect as stated in § 500.4.
(b) These regulations include provisions necessitated by the Immigration Reform and Control Act's (IRCA) amendment to the Immigration and Nationality Act (INA). IRCA amended MSPA to remove section 106 thereof prohibiting the employment of illegal aliens. Matters concerning certificate actions or the assessment of civil money penalties, for a violation of section 106 of MSPA which occurred prior to June 1, 1987, continue through final administrative determination as stated in § 500.147.
[48 FR 36741, Aug. 12, 1983, as amended at 54 FR 13328, Mar. 31, 1989]·
§ 500.1 Purpose and scope.
(a) Congress stated, in enacting the Migrant and Seasonal Agricultural Worker Protection Act that "[I]t is the purpose of this Act to remove the restraints on commerce caused by ac
tivities detrimental to migrant and seasonal agricultural workers; to require farm labor contractors to register under this Act; and to assure necessary protections for migrant and seasonal agricultural workers, agricultural associations, and agricultural employers." It authorized the Secretary to issue such rules and regulations as are necessary to carry out the Act consistent with the requirements of chapter 5 of title 5, United States Code.
(b) These regulations implement this purpose and policy. The regulations contained in this part are issued in accordance with section 511 of the Act and establish the rules and regulations necessary to carry out the Act.
(c) Any farm labor contractor, as defined in the Act, is required to obtain a Certificate of Registration issued pursuant to the Act from the Department of Labor or from a State agency authorized to issue such certificates on behalf of the Department of Labor. Such a farm labor contractor must ensure that any individual whom he employs to perform any farm labor contracting activities also obtains a Certificate of Registration. The farm labor contractor is responsible, as well, for any violation of the Act or these regulations by any such employee whether or not the employee obtains a certificate. In addition to registering, farm labor contractors must comply with all other applicable provisions of the Act when they recruit, solicit, hire, employ, furnish or transport or, in the case of migrant agricultural workers, provide housing.
(d) Agricultural employers and agricultural associations which are subject to the Act must comply with all of the worker protections which are applicable under the Act to migrant or seasonal agricultural workers whom they recruit, solicit, hire, employ, furnish, or transport or, in the case of migrant agricultural workers, provide housing. The obligations will vary, depending on the types of activities affecting migrant or seasonal agricultural workers. Agricultural employers and agricultural associations and their employees need not obtain Certificates of Registration in order to engage in these activities, even if the workers they
obtain are utilized by other persons or on the premises of another.
(e) The Act empowers the Secretary of Labor to enforce the Act, conduct investigations, issue subpenas and, in the case of designated violations of the Act, impose sanctions. As provided in the Act, the Secretary is empowered, among other things, to impose an assessment and to collect a civil money penalty of not more than $1,000 for each violation, to seek a temporary or permanent restraining order in a U.S. District Court, and to seek the imposition of criminal penalties on persons who willfully and knowingly violate the Act or any regulation under the Act. In accordance with the Act and with these regulations, the Secretary may refuse to issue or to renew, or may suspend or revoke a certificate of registration issued to a farm labor contractor or to a person who engages in farm labor contracting as an employee of a farm labor contractor.
(f) The facilities and services of the U.S. Employment Service, including State agencies, authorized by the Wagner-Peyser Act may be denied to any person found by a final determination by an appropriate enforcement agency to have violated any employment-related laws including MSPA when notification of this final determination has been provided to the Job Service by that enforcement agency. See 20 CFR 658.501(a)(4). The facilities and services of the U.S. Employment Service shall be restored immediately upon compliance with 20 CFR 658.502(a)(4).
(g) Subparts A through E set forth the substantive regulations relating to farm labor contractors, agricultural employers and agricultural associations. These subparts cover the applicability of the Act, registration requirements applicable to farm labor contractors, the obligations of persons who hold Certificates of Registration, the worker protections which must be complied with by all who are subject to the Act, and the enforcement authority of the Secretary.
(h) Subpart F sets forth the rules of practice for administrative hearings relating to actions involving Certificates of Registration. It also outlines the procedure to be followed for filing
a challenge to a proposed administrative action relating to violations and summarizes the methods provided for collection and recovery of a civil money penalty.
(i)(1) The Act requires that farm labor contractors obtain a certificate of registration from the Department of Labor prior to engaging in farm labor contracting activities. The Act also requires registration by individuals who will perform farm labor contracting activities for a farm labor contractor. Form WH-510 and WH-512 are the applications used to obtain Farm Labor Contractor and Farm Labor Contractor Employee Certificates of Registration. These forms have been approved by the Office of Management and Budget (OMB) under control numbers 1215-0038 (WH-510) and 1215-0037 (WH-512). Forms WH-514 and WH-514a are used when applying for transportation authorization to furnish proof of compliance with vehicle safety requirements. These forms have been jointly cleared by OMB under control number 12150036.
(2) The Act further requires disclosure to migrant and seasonal agricultural workers regarding wages, hours and other working conditions and housing when provided to migrant workers. The Department of Labor has developed optional forms for use in making the required disclosure. OMB has approved the following: Worker Information (WH-516) 12150145 and Housing Terms and Conditions (WH-521) 1215-0146.
(3) The Act also requires that farm labor contractors, agricultural employers and agricultural associations make, keep, preserve and disclose certain payroll records. Forms WH-501 and WH-501a (Spanish version) are provided to assist in carrying out this requirement. In addition, farm labor contractors who are applying for housing authorization must submit information which identifies the housing to be used along with proof of compliance with housing safety and health requirements. There has been no form developed for this purpose. The Act further requires disclosure by the insurance industry of certain information pertaining to cancellation of vehi