29 U.S.C. § 1821

Information and recordkeeping requirements

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(a) Written disclosure requirements imposed upon recruitersEach 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.Compliance with the disclosure requirement of paragraph (8) for a migrant agricultural worker may be met if such worker is given a photocopy of any notice regarding workers’ compensation insurance required by law of the State in which such worker is employed. Such worker shall be given such disclosure regarding workers’ compensation at the time of recruitment or if sufficient information is unavailable at that time, at the earliest practicable time but in no event later than the commencement of work.(b) Posting requirements imposed upon employers

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).

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) Recordkeeping and information requirements imposed upon employersEach 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) Furnishing of records by farm labor contractor; maintenance of records by recipient

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) Prohibition on knowingly providing false or misleading information to workers

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) Form and language requirements

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.

(Pub. L. 97–470, title II, § 201, Jan. 14, 1983, 96 Stat. 2590; Pub. L. 104–49, § 4(a), Nov. 15, 1995, 109 Stat. 434.)Editorial NotesAmendments

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

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 65 cases (2 in the last 5 years), 1986–2023 · leading case: Castillo v. Case Farms of Ohio, Inc., 96 F. Supp. 2d 578 (W.D. Tex. 1999).

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Castillo v. Case Farms of Ohio, Inc., 96 F. Supp. 2d 578 (W.D. Tex. 1999). · cites it 80× “Written Disclosures: Alleged Violations of 29 U.S.C. § 1821 (a) A. The Law B. The 1996 Plaintiffs C.”

Haywood v. Barnes, 109 F.R.D. 568 (E.D.N.C. 1986). · cites it 11× “29 U.S.C. § 1821 (c). 3. Defendants did not provide them with written itemized pay statements with the information required by 29 U.”

Maldonado v. Lucca, 636 F. Supp. 621 (D.N.J. 1986). · cites it 6× “29 U.S.C. §§ 1821 (a), 1831(c). The evidence at both trials showed that defendants kept no records at all for the plaintiffs’ first week of employment.”

Villalobos v. North Carolina Growers Ass'n Inc., 252 F. Supp. 2d 1 (D.P.R. 2002). · cites it 23× “See 29 U.S.C. §§ 1821 (a), (f), and (g). Cf. Washington v.”

Leach v. Johnston, 812 F. Supp. 1198 (M.D. Fla. 1992). · cites it 11× “29 U.S.C. § 1821 (a); 29 C.F.R. § 500.75 (b).”

Renteria-Marin v. Ag-Mart Produce, Inc., 537 F.3d 1321 (11th Cir. 2008). · cites it 4× “29 U.S.C. § 1821 (c). A Agency Before we delve into the statutory interpretation of these provisions of the AWPA, we must address the threshold issue of whether the crew leaders were acting as Ag-Mart’s agents in the procurement of housing.”

Roman v. Korson, 152 F.R.D. 101 (W.D. Mich. 1993). · cites it 8× “29 U.S.C. § 1821 (a); b. failing to post in a conspicuous place a poster setting forth the protections provided by the AWPA.”

Bacilio Ruiz Torres v. Mercer Canyons Inc., 835 F.3d 1125 (9th Cir. 2016). “In fact, AWPA’s disclosure provision regarding seasonal workers, 29 U.S.C. § 1821 (f), is nearly identical to the one involving migrant workers, 29 U.”

Reyes v. Remington Hybrid Seed Co., Inc., 495 F.3d 403 (7th Cir. 2007). · cites it 3× “It does oblige recruiters to disclose in writing a list of things, including the hourly wage and whether the workers will receive fringe benefits such as housing, 29 U.S.C. § 1821 (a), but does not provide that a recruiter may impose liability on the principal by making…”

Herrera v. Singh, 103 F. Supp. 2d 1244 (E.D. Wash. 2000). · cites it 15× “Failure to disclose in writing certain terms of employment at the time of a worker’s recruitment ( 29 U.S.C. § 1821 (a)); 2. Provision of knowingly false or misleading information regarding terms and conditions of employment ( 29 U.”

Villalobos v. North Carolina Growers Ass'n, 42 F. Supp. 2d 131 (D.P.R. 1999). · cites it 11× “(“NCGA”), alleging violations of the Migrant and Seasonal Agricultural Worker Protection Act (“AWPA”), 29 U.S.C. §§ 1821 , 1822, and 1823. I. Background In 1994, Defendant NCGA, acting as the agent and joint employer for the other defendants, prepared and submitted to the United…”

Escobar v. Baker, 814 F. Supp. 1491 (W.D. Wash. 1993). · cites it 7× “The Court GRANTS summary judgment on (1) plaintiffs Jose Ba-rajas, Mario Martinez, Cesar Perez Lopez, Margarito Lopez Perez, and Esteban Cedillo Sanchez’s 1 claims that Baker violated the disclosure requirements under 29 U.S.C. § 1821 (a); (2) plaintiffs’ 2 claims that Dobbins…”

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