44-1607. FARM LABOR CONTRACTOR — DUTIES. A farm labor contractor shall:

(1) Carry his farm labor contractor license at all times and exhibit such license upon request to anyone with whom the farm labor contractor intends to deal in his capacity as a farm labor contractor.

(2) File immediately at the United States post office serving the farm labor contractor’s address as noted on the license a correct change of address and notify the department each time an address change is made.

(3) Pay or distribute promptly when due to the persons entitled all money or other things of value entrusted to the farm labor contractor for that purpose.

(4) Comply with the terms and provisions of all agreements or contracts entered into by the farm labor contractor.

(5) Comply with all applicable state laws and rules.

(6) Provide to the department certified copies of payroll records for any payment period requested by the department.

(7) Provide to each employee at the time of hiring, recruiting, soliciting or supplying such employee, whichever occurs first, a written statement in English or, as necessary and reasonable, in Spanish or other language common to agricultural workers who are not fluent or literate in English, that contains a description of:

(a) The rate of compensation and the method of computing the rate of compensation;

(b) The terms and conditions of employment, including the name and address of the farm labor contractor, the place of employment, the approximate length of the period of employment and the approximate starting and ending dates;

(c) The terms and conditions of any bonus offered and the manner of determining when the bonus is earned;

(d) The terms and conditions of any loan made to the employee;

(e) The terms and conditions of any housing, transportation, equipment, health care, day care or any other employee benefit to be provided by the farm labor contractor or the farm labor contractor’s agent, and the costs to be charged for each item;

(f) The name and address of the surety on the farm labor contractor’s bond;

(g) The employee’s rights and remedies, including an employee’s right to make a claim against the farm labor contractor’s surety bond.

(8) Provide to the employee each time the employee receives a compensation payment from the farm labor contractor a written statement itemizing the total payment, the amount and purpose of each deduction therefrom, the hours worked and, if the work was done on a piece basis, the number of pieces completed.

(9) For each employee make, keep and preserve for three (3) years the following information:

(a) The basis on which wages were 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 reason for withholding each sum;

(f) The net pay; and

(g) The name and address of the owner of all operations, or the owner’s agent, where the employee worked.

History:

[44-1607, added 2002, ch. 328, sec. 1, p. 924.]