48-1711. Farm labor contractor; duties.

A farm labor contractor shall:

(1) Carry his or her farm labor contractor license at all times and exhibit such license upon request to any person with whom the contractor intends to deal in his or her 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 individuals entitled all money or other things of value entrusted to the farm labor contractor by any person for that purpose;

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

(5) Comply with all state laws, rules, and regulations relevant to the activity as a farm labor contractor;

(6) Furnish to each worker at the time of hiring, recruiting, soliciting, or supplying such worker, whichever occurs first, a written statement in both English and Spanish which contains a description of:

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

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

(c) The terms and conditions of any loan made to the worker;

(d) The conditions of any housing and health and day care to be provided;

(e) The terms and conditions of employment, including the approximate length of season or period of employment and the approximate starting and ending dates;

(f) The terms and conditions under which the worker is furnished clothing or equipment;

(g) The name and address of the owner of all operations where the worker will be working; and

(h) The worker's rights and remedies in plain and simple language in a form specified by the department;

(7) Furnish to the worker each time the worker 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 is done on a piece basis, the number of pieces completed; and

(8) Provide a bilingual employee who shall be available at the worksite for each shift a non-English-speaking worker is employed if the farm labor contractor has a workforce of ten or more non-English-speaking workers who speak the same non-English language. The bilingual employee shall be conversant in the non-English language spoken by such workers.

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