§ 212-A — Migrant registration law

§ 212-a. Migrant registration law. 1. Definitions. As used in this\nsection:\n a. "Farm labor contractor" includes:\n (1) Any person who, for a fee, recruits, transports, supplies or hires\nfarm or food processing workers to work for, or under the direction,\nsupervision, or control of, a third person; or\n (2) Any person who recruits, transports, supplies, or hires farm or\nfood processing workers and who, for a fee, directs, supervises, or\ncontrols all or any part of the work of such workers.\n The term "farm labor contractor" shall not include an employment\nagency licensed in accordance with the provisions of article eleven of\nthe general business law. The term "farm labor contractor" shall not\ninclude a person who is a grower or processor as defined herein who\nrecruits or hires workers for work on his farm or in his plant.\n b. "Fee" includes any money or other valuable consideration paid or\npromised to be paid to a farm labor contractor for the performance of\nany of the services enumerated in paragraph a of this subdivision.\n c. "Grower or processor" means any person who is the owner or lessee\nof a farm or food processing plant.\n d. "Person" includes any individual, firm, partnership, cooperative,\nassociation, or corporation.\n 2. Farm labor contractor.\n a. No person shall act as a farm labor contractor unless he holds a\nvalid certificate of registration issued by the commissioner.\n b. The application for such certificate of registration shall be made\non a form prescribed by the commissioner, shall contain information on\nwages, working conditions, housing and on such other matters as the\ncommissioner may prescribe. It shall be countersigned by each grower or\nprocessor who utilizes the services of such farm labor contractor, as\nprovided in subdivision three of this section. Copies of the\napplication, or summaries thereof containing the above information,\nshall be made available by the commissioner to the registrant, and the\nregistrant shall give a copy to each worker, preferably at the time of\nrecruitment, but in no event later than the time of arrival in this\nstate if the worker comes from outside of the state, or the time of\ncommencement of work if the worker does not come from outside of the\nstate. A copy shall also be kept posted at all times in a conspicuous\nplace in any camp in which such workers are housed. Each applicant shall\nsubmit his or her fingerprints with his or her application for a\ncertificate of registration. Such fingerprints shall be submitted to the\ndivision of criminal justice services for a state criminal history\nrecord check, as defined in subdivision one of section three thousand\nthirty-five of the education law, and may be submitted to the federal\nbureau of investigation for a national criminal history record check.\n c. Every farm labor contractor shall keep payroll records for each\nworker of wage rates, wages earned, number of hours worked, or if the\nworker is paid on a piecework basis the number of units produced, except\nthat in the case of employees in the twelve to fourteen year-old age\nbracket, records of hours worked shall be kept, regardless of whether\nemployment be on hourly or piecework basis, all withholdings from wages,\nand the net wages paid. Such payroll record shall be kept on a form and\nin a manner prescribed by the commissioner and shall be available for\ninspection by the commissioner or his duly authorized representative at\nany reasonable time.\n d. Every farm labor contractor shall give to each worker with every\npayment of wages a written statement showing the employer's name and\naddress, the employee's name, the worker's wage rate, wages earned,\nnumber of hours worked, or if the worker is paid on a piecework basis\nthe number of units produced, except that in the case of employees in\nthe twelve to fourteen year-old age bracket, the number of hours worked\nshall be shown, regardless of whether employment be on hourly or\npiecework basis, all withholdings and other deductions fully itemized\nand explained from wages, and the net wages paid.\n e. A farm labor contractor shall keep the certificate of registration\nin his immediate personal possession and shall display it upon the\nrequest of the commissioner or his duly authorized representative.\n 3. Grower or processor who utilizes the services of a farm labor\ncontractor.\n a. No grower or processor shall utilize the services of a farm labor\ncontractor unless such grower or processor has a certificate issued by\nthe commissioner therefor, and the farm labor contractor is registered\nin accordance with the provisions of this section. The commissioner\nshall issue to such grower or processor a separate certificate of\nregistration.\n b. Every grower or processor who utilizes the services of a farm labor\ncontractor shall countersign an application of the farm labor contractor\nfor registration under subdivision two of this section, and shall state\nthat the information contained in such application is true to the best\nof his knowledge and belief.\n c. If a farm labor contractor fails to comply with the provisions of\nsubdivision two of this section relating to the giving of copies of\ninformation to workers, the posting of a copy of such information, the\nkeeping of payroll records, and the giving of wage statements to\nworkers, the commissioner shall notify the grower or processor who\nutilizes the services of such farm labor contractor and responsibility\nfor compliance shall thereafter be imposed on such grower or processor\nwith the same force and effect as though the grower or processor were\nprimarily responsible for compliance.\n d. Notwithstanding any other provision of this section, a grower or\nprocessor may utilize the services of a registered farm labor contractor\nfor not more than five days, provided, he shall within twenty-four hours\nafter the beginning of such utilization, countersign the application of\nsuch farm labor contractor as provided in paragraph b of this\nsubdivision, and immediately thereafter transmit the said application to\nthe commissioner.\n 4. Grower or processor who does not utilize the services of a farm\nlabor contractor.\n a. Every grower or processor who, without utilizing the services of a\nfarm labor contractor, brings into the state or is responsible for\nbringing into the state five or more out-of-state migrant farm or food\nprocessing workers shall, in each instance, prior to the importation of\nsuch workers, obtain a certificate of registration from the\ncommissioner.\n b. The application for such registration shall be made on a form\nprescribed by the commissioner, shall contain information on wages,\nworking conditions, housing, and on such other matters as the\ncommissioner may prescribe. Copies of the application, or summaries\nthereof containing the above information, shall be made available by the\ncommissioner to the registrant, and the registrant shall give a copy to\neach worker, preferably at the time of recruitment, but in no event\nlater than the time of arrival in this state. A copy shall also be kept\nposted at all times in a conspicuous place in any camp in which such\nworkers are housed.\n c. Every such grower or processor shall keep payroll records for each\nworker of wage rates, wages earned, number of hours worked, or if the\nworker is paid on a piecework basis the number of units produced, except\nthat in the case of employees in the twelve to fourteen year-old age\nbracket, records of hours worked shall be kept, regardless of whether\nemployment be on hourly or piecework basis, all withholdings from wages,\nand the net wages paid. Such payroll records shall be kept on a form and\nin a manner prescribed by the commissioner and shall be available for\ninspection by the commissioner or his duly authorized representative at\nany reasonable time.\n d. Every such grower or processor shall give to each worker with every\npayment of wages, a written statement showing the worker's wage rate,\nwages earned, number of hours worked, or if the worker is paid on a\npiecework basis the number of units produced, except that in the case of\nemployees in the twelve to fourteen year-old age bracket, the number of\nhours worked shall be shown, regardless of whether employment be on\nhourly or piecework basis, all withholdings from wages, and the net\nwages paid.\n 5. The commissioner may refuse to grant, or suspend, or revoke a\ncertificate of a farm labor contractor or of a grower or processor when\nhe finds that such person:\n a. Has failed to comply with any of the provisions of this chapter, or\nhas been convicted of any crime or offense, except traffic infractions;\nor\n b. Has made any misrepresentations or false statements in his\napplication for a registration certificate; or\n c. Has given false or misleading information concerning terms,\nconditions, or existence of employment to workers who are recruited or\nhired.\n 6. The commissioner shall not refuse, suspend, or revoke a certificate\nof a farm labor contractor or of a grower or processor unless, upon due\nnotice, an opportunity to be heard has been given to such person;\nprovided, however, that pending the determination of such hearing, the\ncommissioner may temporarily suspend a certificate if, in his opinion,\nits suspension for such period is necessary to effectuate the purposes\nof this section.\n 7. A certificate issued under this section shall terminate on the\nthirty-first day of March following issuance, unless sooner revoked by\nthe commissioner, and it may not be transferred or assigned to any other\nperson.\n 8. The commissioner shall submit to each person certified under this\nsection pertinent information concerning workmen's compensation\ninsurance and farmers' liability insurance with medical payments,\nincluding the rates for such protection, at the time of certification.\n 9. The commissioner may promulgate rules and regulations necessary to\ncarry out the provisions of this section.\n