29 U.S.C. § 1831

Information and recordkeeping requirements

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(a) Written disclosure requirements imposed upon recruiters(1) Each farm labor contractor, agricultural employer, and agricultural association which recruits any seasonal agricultural worker (other than day-haul workers described in section 1802(10)(A)(ii) of this title) shall ascertain and, upon request, disclose in writing the following information when an offer of employment is made to such worker:(A) the place of employment;(B) the wage rates to be paid;(C) the crops and kinds of activities on which the worker may be employed;(D) the period of employment;(E) the transportation and any other employee benefit to be provided, if any, and any costs to be charged for each of them;(F) the existence of any strike or other concerted work stoppage, slowdown, or interruption of operations by employees at the place of employment;(G) 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(H) 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 subparagraph (H) may be met if such worker is given, upon request, a photocopy of any notice regarding workers’ compensation insurance required by law of the State in which such worker is employed.(2) Each farm labor contractor, agricultural employer, and agricultural association which recruits seasonal agricultural workers through use of a day-haul operation described in section 1802(10)(A)(ii) of this title shall ascertain and disclose in writing to the worker at the place of recruitment the information described in paragraph (1).(b) Posting requirements imposed upon employers

Each farm labor contractor, agricultural employer, and agricultural association which employs any seasonal 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 seasonal 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).

(c) Recordkeeping and information requirements imposed upon employersEach farm labor contractor, agricultural employer, and agricultural association which employs any seasonal 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.(d) Furnishing of records by farm labor contractor; maintenance of records by recipient(1) 11 So in original. No par. (2) has been enacted. 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 seasonal agricultural workers, copies of all records with respect to each such worker which such farm labor contractor is required to retain by subsection (c)(1). The recipient of these records shall keep them for a period of three years from the end of the period of employment.(e) 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 seasonal agricultural worker concerning the terms, conditions, or existence of agricultural employment required to be disclosed by subsection (a), (b), or (c).

(f) Form and language requirements

The information required to be disclosed by subsections (a) and (b) of this section to seasonal 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 seasonal 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 III, § 301, Jan. 14, 1983, 96 Stat. 2592; Pub. L. 104–49, § 4(b), Nov. 15, 1995, 109 Stat. 434.)Editorial NotesAmendments

1995—Subsec. (a)(1). Pub. L. 104–49 added subpar. (H) and concluding provisions.

Statutory Notes and Related SubsidiariesEffective Date of 1995 Amendment

Amendment by Pub. L. 104–49 effective upon expiration of 90 days after the date final regulations are issued by Secretary of Labor to implement such amendment, see section 4(c) of Pub. L. 104–49, set out as a note under section 1821 of this title.

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 26 cases (8 in the last 5 years), 1989–2023 · leading case: Bacilio Ruiz Torres v. Mercer Canyons Inc., 835 F.3d 1125 (9th Cir. 2016).

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Bacilio Ruiz Torres v. Mercer Canyons Inc., 835 F.3d 1125 (9th Cir. 2016). · cites it 4× “Plaintiffs brought a putative class action, claiming that Mercer had a common policy or practice of failing to inform domestic farm workers of the availability of H-2A work that paid $12 per hour, in violation of the Agricultural Workers’ Protection Act (AWPA), 29 U.S.C. §§ 1831…”

Saintida v. Tyre, L., 783 F. Supp. 1368 (S.D. Fla. 1992). · cites it 23× “See, generally, 29 U.S.C. §§ 1831 , 1832, 1841 and 1842. Seasonal agricultural workers are those individuals who are engaged in agricultural employment of a seasonal or temporary nature involving harvesting of crops.”

Maria Vega, Eva Trevino, on Behalf of Herself & as Next Friend of Pedro Trevino v. John W. Gasper, 36 F.3d 417 (5th Cir. 1994). · cites it 3× “29 U.S.C. § 1831 . The district court, following a bench trial, rendered judgment for the workers on all these claims and awarded additional liquidated damages un *424 der the FLSA.”

Saucedo v. NW Mgmt. & Realty Servs., Inc., 290 F.R.D. 671 (E.D. Wash. 2013). · cites it 7× “110(7); (3) making false and misleading representations about the compensation to be paid to putative class members in violation of 29 U.S.C. § 1831 (e) and RCW 19.30.120(2); and (4) unlawful intimidation of putative class members by a NW Management supervisor in violation RCW…”

Fulford v. Alligator River Farms, LLC, 858 F. Supp. 2d 550 (E.D.N.C. 2012). · cites it 8× “Plaintiffs assert that defendant violated three provisions of the AWPA, namely 29 U.S.C. §§ 1831 (b), 1831(e), and 1832(c).”

Jimenez v. Servicios Agricolas Mex, Inc., 742 F. Supp. 2d 1078 (D. Ariz. 2010). · cites it 3× “29 U.S.C. § 1831 (c)(l)(B)-(C). Plaintiffs contend that Defendants violated this section by failing to record Plaintiffs’ wait time at the corralón and by inaccurately accounting for the variation in the number of hours worked.”

Colon v. Casco, Inc., 716 F. Supp. 688 (D. Mass. 1989). · cites it 2× “29 U.S.C. § 1831 (a)(1)(D); 29 C.F.R. § 500.”

Doe v. D.M. Camp & Sons, 624 F. Supp. 2d 1153 (E.D. Cal. 2008). “§§ 1821 & 1822 (dealing with migrant workers) and 29 U.S.C. §§ 1831 & 1832 (dealing with seasonal workers) or simply strike references to any particular statutory sections.”

Medrano v. D'Arrigo Bros. Co. of California, 125 F. Supp. 2d 1163 (N.D. Cal. 2000). “Plaintiffs also assert AWPA claims for D’Ar-rigo's alleged failure to keep an accurate record of all hours worked, 29 U.S.C. § 1831 (c), and its failure to comply with the working arrangement between the parties, 29 U.”

Montize v. Pittman Props. Ltd. P'ship No. 1, 719 F. Supp. 2d 1052 (W.D. Ark. 2010). “A AWPA Plaintiffs claim that Defendants unlawfully failed to provide adequate written pay statements in violation of certain provisions of the Migrant and Seasonal *1058 Agricultural Worker Protection Act (“AWPA”), 29 U.S.C. § 1831 (c) and 29 U.S.C. § 1821 (d).”

Elizondo v. Podgorniak, 100 F. Supp. 2d 459 (E.D. Mich. 2000). “29 U.S.C. § 1831 (a)(1)(D); 29 C.F.R. § 500.”

Torres v. Mercer Canyons, Inc., 305 F.R.D. 646 (E.D. Wash. 2015). “29 U.S.C. § 1831 (e). The Plaintiffs may argue Mercer Canyons provided misleading information to M & L, coupled with a causation theory, or could argue a joint employer theory.”

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— 29 U.S.C. § 1831(e) — 1 case

Saucedo v. NW Mgmt. & Realty Servs., Inc., 290 F.R.D. 671 (E.D. Wash. 2013). “110(7); (3) making false and misleading representations about the compensation to be paid to putative class members in violation of 29 U.S.C. § 1831 (e) and RCW 19.30.120(2); and (4) unlawful intimidation of putative class members by a NW Management supervisor in violation RCW…”

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