C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 500—MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION › Subpart C—Worker Protections

29 C.F.R. § 500.75

Disclosure of information

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(a) Where disclosure is required, Department of Labor optional forms may be used to satisfy the requirements of disclosure under the Act.

(b) Each farm labor contractor, agricultural employer, and agricultural association which recruits any migrant agricultural worker shall ascertain to the best of his ability and disclose, in writing to the extent that he has obtained such information, to such worker at the time of recruitment, the following information:

(1) The place of employment (with as much specificity as practical, such as the name and address of the employer or the association);

(2) The wage rates (including piece 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 benefits to be provided, if any, and any costs to be charged for each of them;

(6) Whether state workers' compensation or state unemployment insurance is provided:

(i) If workers' compensation is provided, the required disclosure must include the name of the workers' compensation insurance carrier, the name(s) of the policyholder(s), the name and 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.

(ii) The information requirement in paragraph (b)(6)(i) of this section may be satisfied by giving the worker a photocopy of any workers' compensation notice required by State law;.

(7) The existence of any strike or other concerted work stoppage, slowdown, or interruption of operations by employees at the place of employment; and

(8) 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.

(c) Each farm labor contractor, agricultural employer and agricultural association which employs any migrant agricultural worker shall post (and maintain) in a conspicuous place at the place of employment a poster provided by the Secretary of Labor, which sets out the rights and protections for workers required under the Act.

(d) The employer (other than a farm labor contractor) of any migrant agricultural worker, shall provide at the place of employment on request of the worker, a written statement of the conditions of employment. A farm labor contractor shall provide such information in accordance with § 500.60(b) of these regulations.

(e) In a joint employment situation, each employer is equally responsible for displaying and maintaining the poster and for responding to worker requests for written statements of the conditions of employment which are made during the course of employment. This joint responsibility, however, does not require needless duplication, such as would occur if each employer posted the same poster or provided the same written statement with respect to the same employment conditions. Failure to provide the information required by a joint employment relationship, however, will result in all joint employers being responsible for that failure.

(f) Each farm labor contractor, agricultural employer and agricultural association which provides housing for any migrant agricultural worker shall post in a conspicuous place (at the site of the housing) or present in the form of a written statement to the worker the following information on the terms and conditions of occupancy of such housing, if any:

(1) The name and address of the farm labor contractor, agricultural employer

or agricultural association providing the housing;

(2) The name and address of the individual in charge of the housing;

(3) The mailing address and phone number where persons living in the housing facility may be reached;

(4) Who may live at the housing facility;

(5) The charges to be made for housing;

(6) The meals to be provided and the charges to be made for them;

(7) The charges for utilities; and

(8) Any other charges or conditions of occupancy.

(g) If the terms and conditions of occupancy are posted, the poster shall be displayed and maintained during the entire period of occupancy. If the terms and conditions of occupancy are disclosed to the worker through a statement (rather than through a posting), such statement shall be provided to the worker prior to occupancy. Department of Labor optional forms may be used to satisfy this requirement.

[48 FR 36741, Aug. 12, 1983, as amended at 61 FR 24866, May 16, 1996]
Notes of Decisions
Cited in 10 cases, 1986–2009 · leading case: Renteria-Marin v. Ag-Mart Produce, Inc., 537 F.3d 1321 (11th Cir. 2008).
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Renteria-Marin v. Ag-Mart Produce, Inc., 537 F.3d 1321 (11th Cir. 2008). · cites it 2× “Rather, Ag-Mart argues that the workers were notified that there was a $25 weekly charge to reside in a local motel and that the workers were “aware” of the additional information that is required to be included in the notice.”
Haywood v. Barnes, 109 F.R.D. 568 (E.D.N.C. 1986). “29 C.F.R. § 500.75 (f). Whether the required notices were posted during the relevant period of time is a fairly simple question of fact easily susceptible to proof through demonstration of the systematic nature of the practice.”
Gonsalez Moreno v. Milk Train, Inc., 182 F. Supp. 2d 590 (W.D. Tex. 2002). “Plaintiffs raise five claims under the AWPA, alleging that Defendants violated (1) 29 C.F.R. § 500.75 (b)(6) by failing to disclose in writing the availability of workman’s compensation insurance; (2) 29 U.”
Leach v. Johnston, 812 F. Supp. 1198 (M.D. Fla. 1992). “§ 1821 (a); 29 C.F.R. § 500.75 (b). The Court must conduct a two-part inquiry: first, whether the Plaintiffs were recruited within the meaning of the MSAWPA; and second, if the Plaintiffs were recruited, whether the requirements of the MSAWPA were violated.”
Contreras v. Mt. Adams Orchard Corp., 744 F. Supp. 1007 (E.D. Wash. 1990). “§ 1821 (c) and 29 C.F.R. § 500.75 (f), (g) (1989). 4. The defendants transported agricultural workers in unsafe vehicles and/or in an unsafe manner in contradiction of 29 U.”
Sanchez v. Overmyer, 845 F. Supp. 1183 (N.D. Ohio 1993). “While the Court would generally agree with that statement, 29 C.F.R. § 500.75 (f) sets forth certain information which must be posted or provided in writing.”
Villalobos v. North Carolina Growers Ass'n Inc., 252 F. Supp. 2d 1 (D.P.R. 2002). “See 29 C.F.R. § 500.75 (b) (establishing both a good faith effort duty to ascertain wage rates and a duty to timely disclose them).”
Alex v. Jasper Wyman & Son, 682 F. Supp. 87 (D. Me. 1988). “See 29 C.F.R. section 500.75(b) (establishing both a good faith duty to ascertain wage rates and a duty to timely disclose them).”
Renteria-Marin v. Ag-Mart Produce, Inc., 488 F. Supp. 2d 1197 (M.D. Fla. 2007). “Gandhi lacked some of the data required to be included pursuant to the Act and its implementing regulations, 29 C.F.R. § 500.75 (f). Of note, while Section 1823(a) is applicable to any person who oums or controls a facility or real property used as housing for migrant…”
Sandoval v. Rizzuti Farms, Ltd., 656 F. Supp. 2d 1265 (E.D. Wash. 2009). “29 C.F.R. § 500.75 (f) (2009). The letter Defendants posted inside its apartment units lacked seven (7) of the eight (8) required terms.”
— 29 C.F.R. § 500.75(b) — 1 case
Alex v. Jasper Wyman & Son, 682 F. Supp. 87 (D. Me. 1988). “See 29 C.F.R. section 500.75(b) (establishing both a good faith duty to ascertain wage rates and a duty to timely disclose them).”
— 29 C.F.R. § 500.75(f) — 1 case
Renteria-Marin v. Ag-Mart Produce, Inc., 537 F.3d 1321 (11th Cir. 2008). “Rather, Ag-Mart argues that the workers were notified that there was a $25 weekly charge to reside in a local motel and that the workers were “aware” of the additional information that is required to be included in the notice.”
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