Section 201

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Coercive, unfair or deceptive recruitment

This section sets out the information that must be provided to migrant farmworkers by recruiters and employers.  Such information includes details of the wages to be paid, the type of work to be carried out, any transport or accommodation to be provided and any related charges.

Notes

Similar information is to be provided to seasonal workers under Section 302 of the Act.

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Text

Section 201.

  1. Each 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 workers maybe employed;
    4. the period of employment;
    5. the transportation, housing, and any other employee benefit to be provided, if any, and 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.8
  2. 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 Act, 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).

Law / United States / Migrant and Seasonal Agriculture Worker Protection Act, 1983

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures and recordkeeping. MSPA also requires farm labor contractors to register with the U.S. Department of Labor (DOL).