U.S. Code
»
Title 29
» Chapter CHAPTER 20— MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION › Subchapter SUBCHAPTER I— FARM LABOR CONTRACTORS
29 U.S.C. § 1811
Certificate of registration required
(a) Persons engaged in any farm labor contracting activityNo person shall engage in any farm labor contracting activity, unless such person has a certificate of registration from the Secretary specifying which farm labor contracting activities such person is authorized to perform.
(b) Hire, employ, or use of any individual to perform farm labor contracting activities by farm labor contractor; liability of farm labor contractor for violationsA farm labor contractor shall not hire, employ, or use any individual to perform farm labor contracting activities unless such individual has a certificate of registration, or a certificate of registration as an employee of the farm labor contractor employer, which authorizes the activity for which such individual is hired, employed, or used. The farm labor contractor shall be held responsible for violations of this chapter or any regulation under this chapter by any employee regardless of whether the employee possesses a certificate of registration based on the contractor’s certificate of registration.
(c) Possession and exhibition of certificateEach registered farm labor contractor and registered farm labor contractor employee shall carry at all times while engaging in farm labor contracting activities a certificate of registration and, upon request, shall exhibit that certificate to all persons with whom they intend to deal as a farm labor contractor or farm labor contractor employee.
(d) Refusal or failure to produce certificateThe facilities and the services authorized by the Act of June 6, 1933 (29 U.S.C. 49 et seq.), known as the Wagner-Peyser Act, shall be denied to any farm labor contractor upon refusal or failure to produce, when asked, a certificate of registration.
(Pub. L. 97–470, title I, § 101, Jan. 14, 1983, 96 Stat. 2587.)Editorial NotesReferences in TextThe Wagner-Peyser Act, referred to in subsec. (d), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§ 49 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 49 of this title and Tables.
Statutory Notes and Related SubsidiariesEffective DateSection 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.
Notes of Decisions
Chamber of Com. of United States of Am. v. Whiting, 131 S. Ct. 1968 (2011).
· cites it 2× “2587 , 29 U. S. C. §1811 (a). Before 1986, AWPA prohibited farm labor contractors from hiring unauthorized aliens, and it permitted the Department of Labor to institute adminis trative proceedings to enforce this prohibition.”
Alfaro-Huitron v. WKI Outsourcing Solutions, 982 F.3d 1242 (10th Cir. 2020).
· cites it 4× “Plaintiffs alleged four causes of action: breach of their employment contracts, violations of the AWPA under 29 U.S.C. §§ 1811 , 1821, and 1822,2 common-law fraud, and civil conspiracy.”
Charles v. Burton, 169 F.3d 1322 (11th Cir. 1999).
· cites it 3× “See 29 U.S.C. § 1811 . As a result of this lapse and his inability to pay the fine, Luxama failed to purchase liability insurance for the vehicles used to transport his crew as the AWPA requires.”
Rodriguez Ex Rel. Rodriguez v. Berrybrook Farms, Inc., 672 F. Supp. 1009 (W.D. Mich. 1987).
· cites it 2× “Department of Labor under AWPA, 29 U.S.C. § 1811 . Defendants Rodriguez and Garcia argue that the questions of law and fact set forth above do not affect all of the sued defendants, that the questions of law and fact are not common to any of the alleged class and the plaintiffs’…”
Leach v. Johnston, 812 F. Supp. 1198 (M.D. Fla. 1992).
· cites it 3× “From 1987 to 1991, Alexander possessed a certificate of registration as a farm labor contractor issued by the Secretary of Labor (“Secretary”), pursuant to 29 U.S.C. § 1811 . This certificate authorized Alexander to house migrant workers at Johnston’s camp and to transport…”
Antenor v. D & S Farms, 88 F.3d 925 (11th Cir. 1996).
“Although the AWPA places responsibilities on farm labor contractors as well as on agricultural employers, see 29 U.S.C. §§ 1811 ^44, “Congress’ plain intent was to protect migrant and seasonal workers from abuse and exploitation, and to hold ‘agricultural employers’ fully…”
Casares v. Agri-Placements Int'l, Inc., 12 F. Supp. 3d 956 (S.D. Tex. 2014).
· cites it 2× “In addition to what the Court has already recited, Plaintiffs in their Second Amended Complaint allege that API conducted “recruitment efforts” requiring Robertson and Flaming “to register as farm labor contractors under 29 U.S.C. § 1811 .” Dkt. No. 62 ¶ 49; accord.”
Martinez v. Mendoza, 595 F. Supp. 2d 923 (N.D. Ind. 2009).
· cites it 5× “See 29 U.S.C. § 1811 (a). Other provisions — such as regulation of housing conditions-directly affect the working and living conditions of migrant workers.”
Stewart v. Everett, 804 F. Supp. 1494 (M.D. Fla. 1992).
· cites it 2× “See 29 U.S.C. § 1811 (a). Second, they allege he violated the provision requiring farm labor contractors transporting agricultural workers to carry adequate insurance on their vehicles.”
Escobar v. Baker, 814 F. Supp. 1491 (W.D. Wash. 1993).
“29 U.S.C. § 1811 , RCW 19.30.020. Under the AWPA, a “farm labor contractor” is defined as: any person, other than an agricultural employer, an agricultural association, or an employee of an agricultural employer or agricultural association, who, for any money or other…”
Martinez-Mendoza v. Champion Int'l Corp., 340 F.3d 1200 (11th Cir. 2003).
“29 U.S.C. § 1811 (a). 8 . Champion would enter into a contract after soliciting bids from the FLCs it deemed qualified to do the work.”
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