§1821 Information and Recordkeeping Requirements

Summary

Recruiters must give every migrant farm worker a written notice when they hire them. The notice must say where the job is, what wages will be paid, the crops and work tasks, how long the work will last, what transportation, housing, or other benefits will be offered and any costs for them, if there is a strike or work stoppage, if the recruiter will get any kickbacks from stores where workers might shop, and whether State workers’ compensation is provided (including the insurer, the policyholder, who to call and the phone number, and the time limit for reporting injury). A copy of any State workers’ compensation notice can meet that part. If some details are not known at recruitment, they must be given as soon as possible and no later than the first day of work. Employers must post a Department of Labor poster about workers’ rights where workers can see it and must give a written copy of the recruitment information on request. Housing providers must post or give the housing rules. Employers must keep, for three years, records for each worker showing how pay was figured, piecework units (if used), hours, total pay, each deduction and why, and net pay. Workers must get an itemized written pay statement each pay period. Recruiters and employers must share records with each other and recipients must keep those records three years after employment ends. No one may knowingly give false or misleading job information. All required notices must be in writing in English or, when needed, in Spanish or another common language, and the Department of Labor will provide forms in those languages.