N.Y. Labor Law § 212-a: Migrant registration law

§ 212-a. Migrant registration law. 1. Definitions. As used in this

section:

a. "Farm labor contractor" includes:

(1) Any person who, for a fee, recruits, transports, supplies or hires

farm or food processing workers to work for, or under the direction,

supervision, or control of, a third person; or

(2) Any person who recruits, transports, supplies, or hires farm or

food processing workers and who, for a fee, directs, supervises, or

controls all or any part of the work of such workers.

The term "farm labor contractor" shall not include an employment

agency licensed in accordance with the provisions of article eleven of

the general business law. The term "farm labor contractor" shall not

include a person who is a grower or processor as defined herein who

recruits or hires workers for work on his farm or in his plant.

b. "Fee" includes any money or other valuable consideration paid or

promised to be paid to a farm labor contractor for the performance of

any of the services enumerated in paragraph a of this subdivision.

c. "Grower or processor" means any person who is the owner or lessee

of a farm or food processing plant.

d. "Person" includes any individual, firm, partnership, cooperative,

association, or corporation.

2. Farm labor contractor.

a. No person shall act as a farm labor contractor unless he holds a

valid certificate of registration issued by the commissioner.

b. The application for such certificate of registration shall be made

on a form prescribed by the commissioner, shall contain information on

wages, working conditions, housing and on such other matters as the

commissioner may prescribe. It shall be countersigned by each grower or

processor who utilizes the services of such farm labor contractor, as

provided in subdivision three of this section. Copies of the

application, or summaries thereof containing the above information,

shall be made available by the commissioner to the registrant, and the

registrant shall give a copy to each worker, preferably at the time of

recruitment, but in no event later than the time of arrival in this

state if the worker comes from outside of the state, or the time of

commencement of work if the worker does not come from outside of the

state. A copy shall also be kept posted at all times in a conspicuous

place in any camp in which such workers are housed. Each applicant shall

submit his or her fingerprints with his or her application for a

certificate of registration. Such fingerprints shall be submitted to the

division of criminal justice services for a state criminal history

record check, as defined in subdivision one of section three thousand

thirty-five of the education law, and may be submitted to the federal

bureau of investigation for a national criminal history record check.

c. Every farm labor contractor shall keep payroll records for each

worker of wage rates, wages earned, number of hours worked, or if the

worker is paid on a piecework basis the number of units produced, except

that in the case of employees in the twelve to fourteen year-old age

bracket, records of hours worked shall be kept, regardless of whether

employment be on hourly or piecework basis, all withholdings from wages,

and the net wages paid. Such payroll record shall be kept on a form and

in a manner prescribed by the commissioner and shall be available for

inspection by the commissioner or his duly authorized representative at

any reasonable time.

d. Every farm labor contractor shall give to each worker with every

payment of wages a written statement showing the employer's name and

address, the employee's name, the worker's wage rate, wages earned,

number of hours worked, or if the worker is paid on a piecework basis

the number of units produced, except that in the case of employees in

the twelve to fourteen year-old age bracket, the number of hours worked

shall be shown, regardless of whether employment be on hourly or

piecework basis, all withholdings and other deductions fully itemized

and explained from wages, and the net wages paid.

e. A farm labor contractor shall keep the certificate of registration

in his immediate personal possession and shall display it upon the

request of the commissioner or his duly authorized representative.

3. Grower or processor who utilizes the services of a farm labor

contractor.

a. No grower or processor shall utilize the services of a farm labor

contractor unless such grower or processor has a certificate issued by

the commissioner therefor, and the farm labor contractor is registered

in accordance with the provisions of this section. The commissioner

shall issue to such grower or processor a separate certificate of

registration.

b. Every grower or processor who utilizes the services of a farm labor

contractor shall countersign an application of the farm labor contractor

for registration under subdivision two of this section, and shall state

that the information contained in such application is true to the best

of his knowledge and belief.

c. If a farm labor contractor fails to comply with the provisions of

subdivision two of this section relating to the giving of copies of

information to workers, the posting of a copy of such information, the

keeping of payroll records, and the giving of wage statements to

workers, the commissioner shall notify the grower or processor who

utilizes the services of such farm labor contractor and responsibility

for compliance shall thereafter be imposed on such grower or processor

with the same force and effect as though the grower or processor were

primarily responsible for compliance.

d. Notwithstanding any other provision of this section, a grower or

processor may utilize the services of a registered farm labor contractor

for not more than five days, provided, he shall within twenty-four hours

after the beginning of such utilization, countersign the application of

such farm labor contractor as provided in paragraph b of this

subdivision, and immediately thereafter transmit the said application to

the commissioner.

4. Grower or processor who does not utilize the services of a farm

labor contractor.

a. Every grower or processor who, without utilizing the services of a

farm labor contractor, brings into the state or is responsible for

bringing into the state five or more out-of-state migrant farm or food

processing workers shall, in each instance, prior to the importation of

such workers, obtain a certificate of registration from the

commissioner.

b. The application for such registration shall be made on a form

prescribed by the commissioner, shall contain information on wages,

working conditions, housing, and on such other matters as the

commissioner may prescribe. Copies of the application, or summaries

thereof containing the above information, shall be made available by the

commissioner to the registrant, and the registrant shall give a copy to

each worker, preferably at the time of recruitment, but in no event

later than the time of arrival in this state. A copy shall also be kept

posted at all times in a conspicuous place in any camp in which such

workers are housed.

c. Every such grower or processor shall keep payroll records for each

worker of wage rates, wages earned, number of hours worked, or if the

worker is paid on a piecework basis the number of units produced, except

that in the case of employees in the twelve to fourteen year-old age

bracket, records of hours worked shall be kept, regardless of whether

employment be on hourly or piecework basis, all withholdings from wages,

and the net wages paid. Such payroll records shall be kept on a form and

in a manner prescribed by the commissioner and shall be available for

inspection by the commissioner or his duly authorized representative at

any reasonable time.

d. Every such grower or processor shall give to each worker with every

payment of wages, a written statement showing the worker's wage rate,

wages earned, number of hours worked, or if the worker is paid on a

piecework basis the number of units produced, except that in the case of

employees in the twelve to fourteen year-old age bracket, the number of

hours worked shall be shown, regardless of whether employment be on

hourly or piecework basis, all withholdings from wages, and the net

wages paid.

5. The commissioner may refuse to grant, or suspend, or revoke a

certificate of a farm labor contractor or of a grower or processor when

he finds that such person:

a. Has failed to comply with any of the provisions of this chapter, or

has been convicted of any crime or offense, except traffic infractions;

or

b. Has made any misrepresentations or false statements in his

application for a registration certificate; or

c. Has given false or misleading information concerning terms,

conditions, or existence of employment to workers who are recruited or

hired.

6. The commissioner shall not refuse, suspend, or revoke a certificate

of a farm labor contractor or of a grower or processor unless, upon due

notice, an opportunity to be heard has been given to such person;

provided, however, that pending the determination of such hearing, the

commissioner may temporarily suspend a certificate if, in his opinion,

its suspension for such period is necessary to effectuate the purposes

of this section.

7. A certificate issued under this section shall terminate on the

thirty-first day of March following issuance, unless sooner revoked by

the commissioner, and it may not be transferred or assigned to any other

person.

8. The commissioner shall submit to each person certified under this

section pertinent information concerning workmen's compensation

insurance and farmers' liability insurance with medical payments,

including the rates for such protection, at the time of certification.

9. The commissioner may promulgate rules and regulations necessary to

carry out the provisions of this section.