(a) Each farm labor contractor, agricultural employer and agricultural association which employs any migrant or seasonal agricultural worker shall make and keep the following records with respect to each worker including the name, permanent address, and Social Security number:
(1) The basis on which wages, are paid;
(2) The number of piecework units earned, if paid on a piecework basis;
(3) The number of hours worked;
(4) The total pay period earnings;
(5) The specific sums withheld and the purpose of each sum withheld; and
(6) The net pay.
(b) Each farm labor contractor, agricultural employer and agricultural association which employs any migrant or seasonal agricultural worker shall preserve all payroll records with respect to each such worker for a period of three years.
(c) When a farm labor contractor furnishes any migrant or seasonal agricultural worker, and the farm labor contractor is the employer, the farm labor contractor must furnish the agricultural employer, agricultural association or other farm labor contractor to whom the workers are furnished, a copy of all payroll records required under paragraph (a) of this section which the farm labor contractor has made regarding such worker for that place of employment. The person receiving such records shall maintain them for a period of three years.
(d) In addition to making records of this payroll information, the farm labor contractor, agricultural employer and agricultural association shall provide each migrant or seasonal agricultural worker employed with an itemized written statement of this information at the time of payment for each pay period which must be no less often than every two weeks (or semi-monthly). Such statement shall also include the employer's name, address, and employer identification number assigned by the Internal Revenue Service. This responsibility does not require needless duplication such as would occur if each provided the worker with a written itemized statement for the same work.
Notes of Decisions
Castillo v. Case Farms of Ohio, Inc., 96 F. Supp. 2d 578 (W.D. Tex. 1999).
· cites it 5× “29 C.F.R. § 500.80 (d). Samples of plaintiffs’ pay statements were introduced into evidence at trial.”
Saintida v. Tyre, L., 783 F. Supp. 1368 (S.D. Fla. 1992).
· cites it 2× “§ 1831 (c)(1) and 29 C.F.R. § 500.80 (a). During the 1988-89 harvest, only fragmented records of the Plaintiffs’ labor were maintained.”
Osias v. Marc, 700 F. Supp. 842 (D. Maryland 1988).
· cites it 2× “§ 1821 (d)(1) and 29 C.F.R. § 500.80 (d). Defendant Marc's payroll records were attached to plaintiffs' motion.”
Leach v. Johnston, 812 F. Supp. 1198 (M.D. Fla. 1992).
“§ 1821 (d); 29 C.F.R. § 500.80 (records must also contain worker’s name, permanent address and Social Security number).”
Bueno v. Mattner, 633 F. Supp. 1446 (W.D. Mich. 1986).
“29 C.F.R. § 500.80 ; see also 29 C.F.R. § 516.”
Mendez v. Brady, 618 F. Supp. 579 (W.D. Mich. 1985).
“29 C.F.R. § 500.80 lists the payroll information an employer of migrant workers must maintain: “(a) Each farm labor contractor, agricultural employer and agricultural association which employs any migrant or seasonal agricultural worker shall make and keep the following records…”
Wales v. Jack M. Berry, Inc., 192 F. Supp. 2d 1269 (M.D. Fla. 1999).
“' The defendants violated 29 C.F.R. 500.80(d) by failing to include the employer identification number on wage statements provided to workers from January 1993 through the end of the 1993-1994 season.”
Avila v. A. Sam & Sons, 856 F. Supp. 763 (W.D.N.Y. 1994).
“§ 1821 (d)(2); 29 C.F.R. § 500.80 (d). In 1987, defendants did not attempt to comply with this AWPA provision regarding any of the plaintiffs.”
Villalobos v. North Carolina Growers Ass'n Inc., 252 F. Supp. 2d 1 (D.P.R. 2002).
“§ 1821 (d); see also 29 C.F.R. § 500.80 (d). Plaintiffs allege that the defendants variously failed to comply with their obligations under AWPA’s record keeping stipulations by, inter alia, misrepresenting in their payroll records and wage statements the hours worked by and owed…”
Fanette v. Steven Davis Farms, LLC, 28 F. Supp. 3d 1243 (N.D. Fla. 2014).
“§ 1821 (d)(1) and 29 C.F.R. § 500.80 (a). Accurate payroll records are essential in order to determine whether workers have been paid the FLSA minimum wage.”
Calderon v. Witvoet, 764 F. Supp. 536 (C.D. Ill. 1991).
“§ 1821 (d)(1) and 29 C.F.R. § 500.80 (a) dictate that an agricultural employer must keep records for each worker which state (1) the basis on which wages were paid to that worker, (2) the number of hours worked, (3) the total pay period earnings, (4) specific sums of money…”
— 29 C.F.R. § 500.80(d) — 1 case
Wales v. Jack M. Berry, Inc., 192 F. Supp. 2d 1269 (M.D. Fla. 1999).
“' The defendants violated 29 C.F.R. 500.80(d) by failing to include the employer identification number on wage statements provided to workers from January 1993 through the end of the 1993-1994 season.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.