Title 29LaborRelease 119-73

§1821 Information and recordkeeping requirements

Title 29 › Chapter CHAPTER 20— - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION › Subchapter SUBCHAPTER II— - MIGRANT AGRICULTURAL WORKER PROTECTIONS › § 1821

Last updated Apr 6, 2026|Official source

Summary

Farm labor contractors, agricultural employers, and farmworker groups must give every migrant worker a written notice when they recruit them. The notice must say where the job is, the wage rates, the crops or tasks, how long the job will last, what transportation, housing, or other benefits (and any costs) are offered, whether there is a strike or work stoppage, any local deals that let employers or stores profit from worker purchases, and whether State workers’ compensation is provided (including the insurer’s name, the policyholder’s name, who to call if there is an injury or death with phone number, and the time limit for reporting). Those employers must also post a clear poster at the work site about worker rights and give the written recruitment info on request. If they provide housing, they must post or give the housing rules. They must keep payroll records for three years and give each worker an itemized pay statement every pay period showing pay basis, piecework units if any, hours, gross pay, each deduction and why, and net pay. Contractors must share records about a worker with other contractors or employers who got that worker, and recipients must keep them three years. No one may knowingly give false or misleading job information. All required information must be in writing in English or, when needed and reasonable, in Spanish or another common language; the Department of Labor will provide posters and forms in those languages.

Full Legal Text

Title 29, §1821

Labor — Source: USLM XML via OLRC

(a)Each farm labor contractor, agricultural employer, and agricultural association which recruits any migrant agricultural worker shall ascertain and disclose in writing to each such worker who is recruited for employment the following information at the time of the worker’s recruitment:
(1)the place of employment;
(2)the wage 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 benefit to be provided, if any, and any costs to be charged for each of them;
(6)the existence of any strike or other concerted work stoppage, slowdown, or interruption of operations by employees at the place of employment;
(7)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; and
(8)whether State workers’ compensation insurance is provided, and, if so, the name of the State workers’ compensation insurance carrier, the name of the policyholder of such insurance, the name and the 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.
(b)Each farm labor contractor, agricultural employer, and agricultural association which employs any migrant agricultural worker shall, at the place of employment, post in a conspicuous place a poster provided by the Secretary setting forth the rights and protections afforded such workers under this chapter, including the right of a migrant agricultural worker to have, upon request, a written statement provided by the farm labor contractor, agricultural employer, or agricultural association, of the information described in subsection (a). Such employer shall provide upon request, a written statement of the information described in subsection (a).
(c)Each farm labor contractor, agricultural employer, and agricultural association which provides housing for any migrant agricultural worker shall post in a conspicuous place or present to such worker a statement of the terms and conditions, if any, of occupancy of such housing.
(d)Each farm labor contractor, agricultural employer, and agricultural association which employs any migrant agricultural worker shall—
(1)with respect to each such worker, make, keep, and preserve records for three years of the following information:
(A)the basis on which wages are paid;
(B)the number of piecework units earned, if paid on a piecework basis;
(C)the number of hours worked;
(D)the total pay period earnings;
(E)the specific sums withheld and the purpose of each sum withheld; and
(F)the net pay; and
(2)provide to each such worker for each pay period, an itemized written statement of the information required by paragraph (1) of this subsection.
(e)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 migrant agricultural workers, copies of all records with respect to each such worker which such farm labor contractor is required to retain by subsection (d)(1). The recipient of such records shall keep them for a period of three years from the end of the period of employment.
(f)No farm labor contractor, agricultural employer, or agricultural association shall knowingly provide false or misleading information to any migrant agricultural worker concerning the terms, conditions, or existence of agricultural employment required to be disclosed by subsection (a), (b), (c), or (d).
(g)The information required to be disclosed by subsections (a) through (c) of this section to migrant agricultural workers shall be provided in written form. Such information shall be provided in English or, as necessary and reasonable, in Spanish or other language common to migrant agricultural workers who are not fluent or literate in English. The Department of Labor shall make forms available in English, Spanish, and other languages, as necessary, which may be used in providing workers with information required under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1995—Subsec. (a). Pub. L. 104–49 added par. (8) and concluding provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 Amendment Pub. L. 104–49, § 4(c), Nov. 15, 1995, 109 Stat. 434, provided that: “The

Amendments

made by subsections (a) and (b) [amending this section and section 1831 of this title] shall take effect upon the expiration of 90 days after the date final

Regulations

are issued by the Secretary of Labor to implement such

Amendments

.” [Final

Regulations

implementing Pub. L. 104–49 were signed
May 13, 1996, published
May 16, 1996, 61 F.R. 24858, and effective the same day.]

Effective Date

Section effective 90 days from Jan. 14, 1983, see section 524 of Pub. L. 97–470, set out as a note under section 1801 of this title.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1821

Title 29Labor

Last Updated

Apr 6, 2026

Release point: 119-73