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 Title Page
 Table of Contents
 Introduction
 Occupational safety and health...
 Fair labor standards (minimum wage)...
 Child labor - Federal
 Child labor - State
 Unemployment compensation - State...
 Farm labor contractor (crew leader)...
 Farm labor contractor (crew leader)...
 Social security - Federal
 Farm labor camps--migrant labor...
 Farm labor camps--seasonal labor...
 Workmen's compensation - State
 Motor carrier safety law -...
 Transportation--farm workers -...
 Related laws and regulations
 Acknowledgement


FLAG IFAS PALMM



Handbook of regulations affecting Florida farm employers and employees
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Full Citation
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Permanent Link: http://ufdc.ufl.edu/UF00028032/00001
 Material Information
Title: Handbook of regulations affecting Florida farm employers and employees
Series Title: Circular Florida Cooperative Extension Service
Physical Description: Serial
Language: English
Creator: Florida Cooperative Extension Service
Publisher: Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida
Place of Publication: Gainesville Fla.
Creation Date: 1976
Publication Date: [1976?-
Frequency: biennial
regular
 Subjects
Subjects / Keywords: Agricultural laborers -- Legal status, laws, etc -- Florida   ( lcsh )
Agricultural laborers -- Handbooks, manuals, etc -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
Dates or Sequential Designation: 1976-
Numbering Peculiarities: Chronological designation starts with 1980 issue.
General Note: Title from cover.
General Note: Some year's regulations also issued in Spanish ed.
 Record Information
Source Institution: Marston Science Library, George A. Smathers Libraries, University of Florida
Holding Location: Florida Agricultural Experiment Station, Florida Cooperative Extension Service, Florida Department of Agriculture and Consumer Services, and the Engineering and Industrial Experiment Station; Institute for Food and Agricultural Services (IFAS), University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 000924123
oclc - 15966129
notis - AEN4729
System ID: UF00028032:00001

Table of Contents
    Title Page
        Page 1
    Table of Contents
        Page 2
    Introduction
        Page 3
    Occupational safety and health act - Federal (OSHA)
        Page 4
        Page 5
    Fair labor standards (minimum wage) - Federal
        Page 6
        Page 7
    Child labor - Federal
        Page 8
        Page 9
    Child labor - State
        Page 10
    Unemployment compensation - State and federal
        Page 11
    Farm labor contractor (crew leader) registration - Federal
        Page 12
        Page 13
    Farm labor contractor (crew leader) registration - State
        Page 14
    Social security - Federal
        Page 15
    Farm labor camps--migrant labor - Federal
        Page 16
    Farm labor camps--seasonal labor - State
        Page 17
    Workmen's compensation - State
        Page 18
    Motor carrier safety law - Federal
        Page 19
    Transportation--farm workers - State
        Page 20
    Related laws and regulations
        Page 21
    Acknowledgement
        Page 22
        Page 23
        Page 24
Full Text
6- Revi-sed., see no.
S 2J anuary 1976


acMndbook- of Regulations

Affecting Florida Farm

Employers and Employees








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Florida Cooperative Extension Service
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Gainesville














TABLE OF CONTENTS


PAGE

OCCUPATIONAL SAFETY AND HEALTH
ACT-FEDERAL (OSHA) ................................ 4
FAIR LABOR STANDARDS (MINIMUM
WAGE)-FEDERAL ......................................... 6
CHILD LABOR-FEDERAL .................................. 8
CHILD LABOR-STATE ..................................... 10
UNEMPLOYMENT COMPENSATION-
STATE AND FEDERAL .................................. 11
FARM LABOR CONTRACTOR (CREW
LEADER) REGISTRATION-FEDERAL ...... 12
FARM LABOR CONTRACTOR (CREW
LEADER) REGISTRATION-STATE .......... 14
SOCIAL SECURITY-FEDERAL .......................... 15
FARM LABOR CAMPS-MIGRANT LABOR-
FEDERAL ........................................... ........... 16
FARM LABOR CAMPS-SEASONAL LABOR-
STATE ....................... ........................ 17
WORKMEN'S COMPENSATION-STATE .......... 18
MOTOR CARRIER SAFETY LAW-
FEDERAL .............................. .......... 19
TRANSPORTATION-FARM WORKERS-
STATE ............................. ........................ 20
INCOME TAX-FEDERAL ...................................... 20
RELATED LAWS AND REGULATIONS ........... 21
(1) Right to W ork .......................................... 21
(2) Equal Pay for Equal Work .................... 21
(3) Age Discrimination in Employment
Act 1967 ...................................................... 21
(4) Civil Rights Act ............................................ 21
(5) Portalto-Portal Act of 1947 ....................... 21







Handbook of Regulations Affecting

Florida Farm Employers and

Employees


C. D. Covey*

In recent years farm employers have become increas-
ingly affected by regulations governing their relations
with and obligations toward farm workers. Because of the
complexity of these regulations which exempt some farm
employers but not others, confusion often exists about
who should comply and who need not comply. Some laws
are rigidly enforced while others may not be. Recent ex-
perience indicates increased emphasis on enforcement by
responsible federal and state agencies.
Since most of these regulations were enacted for the
benefit of farm employees, farm workers should be aware
of the basic provisions of the regulations designed to pro-
tect their safety and welfare.
This handbook is intended to provide a convenient ref-
erence to the major provisions of the various state and
federal regulations which affect farm employers and em-
ployees. It reflects state and federal laws as of January
1, 1976 as they apply to farm field workers and not to
workers considered non-agricultural, such as packinghouse
workers. Generally the handbook should serve only to re-
mind employers of the principal or fundamental provi-
sions of the various regulations which govern most of
their responsibilities toward their employees.
This publication does not and should not substitute for
specific advice and guidance from responsible state and
federal agencies, knowledgeable grower associations, or
other experts in the agricultural labor law field.
In the case of Child Labor, Farm Labor Contractor
(Crew Leader) Registration, Farm Labor Camps and per-
haps others, employers and employees are covered by both
state and federal laws. Whenever a State standard differs
from a Federal standard, the higher standard must be ob-
served.













*Professor and Extension Economist, Food and Resource Economics
Department, Florida Cooperative Extension Service, Institute of Food
and Agricultural Sciences, University of Florida, Gainesville.

3






OCCUPATIONAL SAFETY AND HEALTH ACT-
FEDERAL (OSHA)

Who must comply:
Any agricultural employer of one or more workers en-
gaged in a business that affects interstate commerce.
This act will not be applied to members of the farmer's
family who work for him.
Employers must:
Inform employees of regulations and display relevant
posters.
Keep required records and report deaths or serious
injuries to five or more employees in the same accident
within 48 hours.
Display the Annual Summary of Injuries during the
month of February each year in a place where workers
may see it. (Applicable only to employers of 11 or more
workers.)
Comply with the general duty clause on providing a
work place free from recognized hazards and comply with
specific agricultural standards for:
a) slow moving vehicles emblems.
b) logging and pulpwood operations.
c) storing and handling of anhydrous ammonia.
d) rollover protection structures (ROPS) and seatbelts
on certain tractors.
e) labor camps.
f) guarding of farm machinery. (Effective October 25,
1976)
Employees must:
Comply with all safety and health regulations which are
applicable to his own actions and conduct.

Additional Information (Obtainable from the Respon-
sible Agency-See below)
A Handy Reference Guide, The Williams-Steiger Oc-
cupational Safety and Health Act of 1970.
OSHA 2098, OSHA Inspections.
OSHA 2070, Guidelines for Setting Up Job Safety
and Health Programs.
OSHA 2056, All About OSHA: The Who, What,
Where, When, Why and How of the OSHA Act of 1970.
OSHA 2003, (poster) Safety and Health protection
on the job.
OSHA 2082, Training Requirements of the OSHA
Standards.
Recordkeeping requirement under the Williams-
Steiger Occupational Safety and Health Act of 1970 (pub-
lication includes poster and forms for records).
OSHA, 2072, General Industry Guide for applying
safety and health standards.
What every employer needs to know about OSHA
recordkeeping. Report 412.
OSHA, The Farm Employer and the OSHA.
OSHA 2011, Safe Use of Anhydrous Ammonia.
Safety and Health Standards for Agriculture (ex-
tracts from the law that apply primarily to agriculture).

4






Information:
OSHA Standard-ROPS, Agricultural Engineering
Extension Report 75-11, IFAS, University of Florida,
October 1975.
An Agricultural Discussion of OSHA, Agricultural
Engineering Extension Report 75-10, IFAS, University of
Florida, October 1975.
OSHA and Agriculture, a 29 minute slide/tape pro-
gram. Contact Extension Safety Coordinator, Department
of Agricultural Engineering, IFAS, University of Florida,
Gainesville, Fla. 32611. Phone 904/392-2468.
A free course to familiarize employers and employees
with the Occupational Safety and Health Act of 1970 is
offered through Valencia Community College, Orlando.
Phone 305/299-5000, ext. 419.
Free inspections are given by the Florida Department
of Commerce, Division of Labor. Contact Administrator
of Industrial Safety, 1321 Executive Center Drive, E.,
Room 216 Ashley Building, Tallahassee, Fla. 32301.
Phone 904/488-3044.
Free inspections are offered by most major casualty
insurance carriers.
English and Spanish Employee Operating Instruction
stickers for tractors are available from county Extension
offices and from the Florida Fruit and Vegetable Associa-
tion.


Responsible Agency (administration and enforcement)
U. S. Department of Labor
Occupational Safety and Health Administration

Regional Office
Suite 587
1375 Peachtree Street, N.E.
Atlanta, Ga. 30309
Phone: 404/526-3573

Area Offices:
Room 204
Bridge Building
3200 E. Oakland Park Blvd.
Ft. Lauderdale, Fla. 33308
Phone: 305/565-4211

2809 Art Museum Drive
Suite 4, Art Museum Plaza
Jacksonville, Fla. 32207
Phone: 904/791-2895


Room 918
Barnett Bank Building
1000 Ashley Drive
Tampa, Fla. 33602
Phone: 813/228-2821

5






FAIR LABOR STANDARDS ACT (MINIMUM WAGE)-
FEDERAL
Who must comply:
Any farmer who hired 500 man-days of labor during
any calendar quarter of the preceding year. (Equivalent
of about five full-time employees working five days a
week).
Employees included in 500 man-day test, but excluded
from minimum wage requirements.
a) Employees who must be available at all hours to
care for range livestock.
b) Employees under 16 years who work with their
parents in hand harvesting crops and are paid on the
same piece-rate basis as their parents.
Employees excluded from both 500 man-day test and
minimum wage requirement.
a) Employer's immediate family.
b) Employees who
are paid on a piece-rate basis and
were employed in agriculture as hand harvest labor-
ers fewer than 13 weeks in previous year and
commute to work daily (non-migrants).



Employers must:
Pay at least the minimum wage to all covered em-
ployees (currently $2.00 per hour; $2.20 after January 1,
1977; $2.30 atfer January 1, 1978).
Maintain payroll records for at least three years for
each employee, including family members of employees.
These records should include:
1) Full name of employee.
2) Complete home address.
3) Sex and occupation in which employed.
4) Identification of employees who are:
a) Members of the employer's immediate family.
b) Hand harvest workers paid on a piece-rate.
c) Employees principally engaged in range livestock
production.
5) The number of man-days worked each week or
month. (A man-day is any day during which an employee
does agricultural work for one hour or more)
6) Beginning day and time of employee's workweek.
7) Basis on which wages are paid ($2.00 per hour,
$20.00 per day or piece work).
8) Hours worked each workday and total hours worked
each workweek.
9) Total daily or weekly earnings.
10) Total additions to or deductions from wages with
an explanation of each.
11) Total wages paid each pay period.
12) Date of payment and pay period covered by pay-
ment.
Have on file a statement from each exempt piece-rate
employee showing the number of weeks employed in agri-
culture during the preceding year.

6






Have on file the date of birth and the parent's name
for each exempt minor paid on a piece-rate basis.
Maintain a file showing the full name, present and
permanent address, and date of birth of any minor under
18 who works when school is in session or works in a
hazardous occupation.


Employers may:
Deduct the cost of goods and services they supply em-
ployees, but not more than the reasonable cost or fair
value.


Additional Information (Obtainable from the Respon-
sible Agency-See below)
WHPC No. 1261, Records to be Kept by Employers
under the Fair Labor Standards Act of 1938, as amended.
WHPC 1223, Employment of Fulltime Students at
Subminimum Wages.
WHPC 1315 (Rev.), Exemptions Related to Agricul-
ture under the FLSA.
WHPC 1288, Agriculture Employment under the
FLSA.
WHPC 1312, Hours Worked under the Fair Labor
Standards Act of 1938, amended.
WHPC 1888, Farmer's Guide to the Agricultural Pro-
visions of the Fair Labor Standards Act.
WHPC 1231, Handy Reference Guide to the Fair
Labor Standards Act.


Responsible Agency:
Regional Office
U.S. Department of Labor
Employment Administration
Wage and Hour and Public Contract Division
1376 Peachtree Street, N.E.
Atlanta, Ga. 30309

Area Offices
See Child Labor Section
















7






CHILD LABOR-FEDERAL

. Who is exempt:
Minors under 16 employed by their parents on their
parent's farm.
Minors under 16 employed by persons other than their
parents if the occupation has not been declared hazardous
and the employment is outside school hours.
Minors 14-15 years of age who have undergone spe-
cific training and obtained a certificate may be employed
to perform certain hazardous occupations.

Examples of farm related hazardous occupations are:
Handling or applying anhydrous ammonia or other
specified chemicals.
Handling or using explosives.
Operating, driving or riding on a tractor with more
than 20 belt horsepower.
Operating or riding on a self-unloading feeder wagon.
Operating or riding on a rotary tiller, dump wagon
or forklift.
Operating or unclogging a power driven combine,
corn picker, etc.
Operating a power driven post hole digger or power
saw.
Working around timber with a butt diameter of more
than six inches.
Working from a ladder or scaffold more than 20 feet
high.
Working inside a fruit, forage or grain bin or silo
under certain conditions.
Working in pen, yard or stall with a bull, boar or
stud horse.


Minors 14 and 15 may not be employed:
During school hours except for those enrolled in cer-
tain work training programs.
Before 7 a.m. or after 7 p.m. from Labor Day through
June 1.
More than three hours a day on schooldays.
More than 18 hours a week when school is in session.
More than eight hours a day on non-school days.
More than 40 hours a week when school is not in
session.


Minors 12 and 13 may not be employed:
Except under the same restrictions as a 14 and If
year old-AND ADDITIONALLY
Except with the consent of his parent or guardian oi
if the parent or guardian is employed on the same farm.


Minors under 12 may not be employed:
Except outside school hours and only by a parent on
a parent's farm, or with the consent of his parent on a
farm on which no other worker is covered by minimum
wage provisions.

8






Employers must:
Keep a minor employee's age or employment certifi-
cate on file.
Observe wage and hour provisions of the Fair Labor
Standards Act.
Not permit minors under age 16 to perform tasks
declared hazardous by the Secretary of Labor.
Minor employees must:
Provide their employer with a Work (Employment)
Certificate obtained from local school officials. (Appli-
cable only when school is in session.)

Other Information:
Contact Extension Safety Coordinator, Department of
Agricultural Engineering, IFAS, University of Florida,
Gainesville, Fla. 32611. Phone 904/392-2468.

Additional Information (Obtainable from the Respon-
sible Agency-See below)
WHPC No. 1295, List of Hazardous Occupations.
WHPC No. 1229, Child Labor Bulletin No. 102, Re-
vised, Agriculture and the Child Labor Requirements
under the Fair Labor Standards Act.
WHPC No. 1330, Child Labor Bulletin No. 101, Guide
to Child Labor Provisions of the Fair Labor Standards
Act.

Responsible Agency
Regional Office
U.S. Department of Labor
Wage and Hour and Public Contracts Division
1376 Peachtree Street, N.E.
Atlanta, Ga. 30309

Area Offices
215 Romark Building
3521 West Broward Blvd.
Ft. Lauderdale, Fla. 33312
Phone: 305/792-5310
Suite 121
3947 Boulevard Center Drive
Jacksonville, Fla. 32207
Phone: 904/791-2489
Room 437
Federal Building
Hughey Street
Orlando, Fla. 32801
Phone: 305/420-6471
Room 202
1150 Southwest First Street
Miami, Florida 33130
Phone: 305/350-5767
Suite 110, Mills Building
5410 Mariner Street
Tampa, Fla. 33609
Phone: 813/228-2154

9






CHILD LABOR-STATE

Who is exempt:
Minors employed by a parent on the parent's farm if
the occupation is not considered hazardous and the em-
ployment is outside school hours.
Minors under 16 employed by a parent on the par-
ent's farm during schools hours must obtain an employ-
ment certificate from local school officials.


Minors 15 and younger may not work (hourly limits
do not apply if minor working for parents on parent's
farm):
More than 40 hours per week.
More than six days in one week.
More than 4 hours on days preceding a day when
school will be in session.
More than 10 hours on days preceding a day when
school will not be in session.
Between 9 p.m. and 6:30 a.m. (Minors 14 and 15
may work between 6:30 a.m. and 11 p.m. on days pre-
ceding a day when school will not be in session. Minors
16 and 17 may work between 5 a.m. and 11 p.m. on days
preceding a day when school will be in session and be-
tween 5 a.m. one day and 1 a.m. the next day when school
will not be in session that next day.)
In hazardous occupations.

Employer must:
Obtain and keep on file employment and age certifi-
cates.
Keep time records of minors' work hours.
Post in a conspicuous place a summary of the Child
Labor Law (obtainable from the Responsible Agency-
see below).
Comply with the age and hour requirements noted
above.
Pay additional penalty compensation to any minor
injured while illegally employed.


Related Information:
Florida Child Labor Law 1975, Questions and An-
swers, Florida Department of Commerce, Division of
Labor.
What You Should Know About Child Labor and Agri-
culture, Florida Farm Bureau Information Department.
Labor Bulletin No. 339, Florida Fruit and Vegetable
Association, October 31, 1974.


Responsible Agency:
Florida Department of Commerce
Division of Labor
1321 Executive Center Drive
Tallahassee, Fla. 32301
Phone: 904/488-1702
10






District Offices:
Suite 380, State Office Building
215 Market Street
Jacksonville, Fla. 32202
Phone: 904/353-5625

507 Sunrise Professional Building
Ft. Lauderdale, Fla. 33304
Phone: 305/566-8617

Room 208, Vanguard Building
110 South Hoover
Tampa, Florida 33609
Phone: 813/272-3793

176 Executive Building
3165 McCrory Place
Orlando, Fla. 32803
Phone: 305/894-3681

Room 606, Ponce de Leon Building
2801 Ponce de Leon Boulevard
Coral Gables, Fla. 33134
Phone: 305/445-7921



UNEMPLOYMENT COMPENSATION-STATE AND
FEDERAL

Employers of farm workers are excluded from the com-
pulsory unemployment compensation program. However,
farm employers may voluntarily cover their workers.
In December 1974, farm workers became eligible for
unemployment compensation benefits under the Special
Unemployment Assistant Act of 1974. Under current
regulations this coverage will expire in March 1977. Bene-
fits are being paid through the Florida Bureau of Unem-
ployment Compensation but are funded entirely by the
Federal Government and not by an employment tax on
farm employers.

For information on tax rates, benefits, or how to apply
for coverage, farm employers should contact:
Florida Department of Commerce
Division of Employment Security
Bureau of Unemployment Compensation
Caldwell Building
Tallahassee, Fla. 32304
Phone: 904/488-6306

Local offices are listed in the telephone directory under
the following heading:
Florida, State of
Department of Commerce
Unemployment Compensation Office

11






FARM LABOR CONTRACTOR (CREW LEADER)
REGISTRATION-FEDERAL


Who must comply:
Any person who, for a fee either for himself or on
behalf of another person, recruits, solicits, hires, furnishes
or transports migrant workers, other than his immediate
family, for agricultural employment.


Exceptions:
1) Farmer, processor, canner, ginner, packing shed
operator or nurseryman who personally engages in such
activities solely for his own operation.
2) Any full-time or regular employee who engages in
such activities solely for his employer on no more than
an incidental basis.
3) Any person who engages in such activity solely
within a 25-mile radius of his permanent place of resi-
dence, does not cross state lines, and does so for not more
than 13 weeks a year.


Contractor (Crew Leader) must:
1) Register and receive a Certificate of Registration
annually with the U.S. Department of Labor.
2) Provide liability insurance coverage as required and
submit certificate of insurance when registering.
3) Carry certificate of registration at all times.
4) At the time of recruitment, inform each worker in
writing and in the language in which the worker is most
fluent the following:
a) Living and working conditions.
b) Where he will be working.
c) Crops to be worked.
d) Transportation.
e) Housing.
f) Insurance to be provided.
g) Wage rates.
h) What Crew Leader charges for his service.
i) Periods of employment.
j) Existence of strikes at place of employment.
k) Any commission ("kickback") arrangements between
Crew Leader and any local merchant dealing with workers.
5) Upon arrival at the place of employment, post the
conditions of employment in the language in which the
worker is most fluent in a place where all can see them.
Workers must be informed of all changes in conditions
of employment.
6) Promptly pay farm workers and present semi-
monthly a Notice of Payment to a worker showing all
amounts of deductions, number of hours worked, wage
rate, and name and federal identification number of the
employer.
7) Retain a copy of Notice of Payment and proof of
payment for two years.
8) Not knowingly use illegal aliens.

12






Responsibilities of persons who use a contractor:
1) Must use a currently registered contractor (all reg-
istrations expire on December 31 of each year).
2) Maintain or obtain payroll and other pertinent in-
formation from the contractor.


Related Information:
Florida Fruit and Vegetable Association-Labor Bul-
letin No. 346, November 7, 1975.
Federal Register, Vol. 40, No. 236, December 8, 1975,
pp. 57332-57339.


Responsible Agency:
Farm Labor Contractor Registration is obtained from
the local office of:
The Florida Department of Commerce
Employment Service Office
1321 Executive Center Drive
Tallahassee, Fla. 32301
Phone: 904/488-3131
Local offices can be found in the telephone book under:
Florida, State of
Department of Commerce
Employment Service Office
Enforcement is by the:
Wage and Hour and Public Contract Bureau
Employment Standard Division
U.S. Department of Labor
1376 Peachtree Street, N.E.
Atlanta, Ga. 30309
Area Offices (see Child Labor Section)

























13






FARM LABOR CONTRACTOR (CREW LEADER)
REGISTRATION-STATE

Who must comply:
1) Any person who, for a fee or other valuable con-
sideration, recruits, transports, supplies or hires at any
one time in any calendar year 10 or more farm workers
to work for or under the direction, supervision or control
of a third person, or
2) Any person who recruits, transports, or hires 10 or
more farm workers and then for a fee directs, supervises,
or controls the work of such workers.

Exceptions:
Any person who is the owner or lessee of a farm or
who is the owner or lessee of a packinghouse or food
processing plant, and who employs workers in planting,
cultivating, harvesting or preparing agricultural products
for delivery to such packinghouse or food processing
plant.

Contractor must:
1) Obtain a Certificate of Registration from the Flor-
ida Department of Commerce.
2) Provide Workmen's Compensation Insurance Cover-
age.
3) Provide liability insurance coverage on all vehicles.
4) Carry his Certificate of Registration at all times
and exhibit it when requested.
5) Promptly pay monies due workers and semi-monthly
present each worker with a completed Notice of Payment.
6) Retain for two years a copy of each Notice of Pay-
ment and other required payroll information.
7) Comply with regulations limiting payroll deductions.
8) Display at the place of work and on all vehicles a
copy of his application form and a Work Conditions State-
ment indicating in English, and Spanish if necessary, the
rate of compensation from the grower and the rate of
compensation he is paying his workers.

Responsible Agency-Enforcement and Registration:
Florida Department of Commerce
Bureau of Employment Security
Rural Manpower Section
Caldwell Building
Tallahassee, Fla. 32304












14






SOCIAL SECURITY-FEDERAL

Who must comply:
Any farm employer who pays an employee $150 or
more in cash wages during a calendar year, or
Any farm employer who pays an employee for 20
or more days during a calendar year on a time basis
(hour, day, week, etc.).

Employers must:
Withold 5.85 percent of employees cash wages and
add an equal amount as the employer's contribution (tax
is currently limited to first $15,300 of wages).
Employers having an undeposited liability of $200
or more of withheld income taxes and social security
deductions at the end of each month, must deposit these
funds in a Federal Reserve Bank or authorized commercial
bank by the 15th of the following month.
Prepare a W-2 Form showing the amount of social
security deductions by January 31 and provide employees
with copies.
File Form 943 with copies of W-2 and W-3 Forms
with the Internal Revenue Service by January 31.

Additional Information:
e Agricultural Employer's Tax Guide, Publication 51.
Department of the Treasury, Internal Revenue Service.
Circular A, Agricultural Employers Tax Guide. De-
partment of the Treasury, Internal Revenue Service.

Responsible Agency:
U.S. Department of Health, Education and Welfare
Social Security Administration
Local Offices are normally listed in the telephone book
under: U. S. Government, Social Security Administration
Enforcement of the Social Security Act is under the
Internal Revenue Service.






















15






FARM LABOR CAMPS-MIGRANT LABOR-FEDERAL
Who must comply:
There are two federal regulations that apply to farm
labor camps. The U. S. Department of Labor, OSHA,
has standards which apply to employers who house one
or more seasonal farm workers (refer to the OSHA sec-
tion of this pamphlet). The U. S. Department of Labor,
Manpower Standards under the Code of Federal Regula-
tions, Title 20, part 620, apply to employers who wish to
use U.S. Department of Labor employment service, inter-
state employment recruitment facilities.
Employers must:
Meet minimum Federal, State and local housing stan-
dards. Federal standards deal with:
1) Housing site.
2) Water supply.
3) Excreta and liquid waste disposal.
4) Housing.
5) Screening.
6) Heating.
7) Electricity and lighting.
8) Toilets.
9) Bathing, laundry and hand-washing.
10) Cooking and eating facilities.
11) Garbage and other refuse.
12) Sleeping facilities.
13) Fire safety and first aid.
14) Insect and rodent control.
Related Information:
Code of Federal Regulations, Title 20, Part 620, Hous-
ing for Agricultural Workers, Federal Register, Vol. 33,
No. 138, July 17, 1968.
Safety and Health Standards for Agriculture, U.S. De-
partment of Labor, Occupational Safety and Health Ad-
ministration.
Differences in Provisions of Florida Housing Code and
U.S. Department of Labor Housing Regulations. Citrus
Industrial Council, July 1973.
Labor Bulletin No. 339, Florida Fruit & Vegetable Asso-
ciation, October 31, 1974.
Responsible Agency:
U.S. Department of Labor
Manpower Administration
1371 Peachtree Street, N.E.
Atlanta, Ga. 30309
Phone: 404/526-5411
There is also a responsibility for compliance with the:
Florida Department of Commerce
Division of Employment Security of Rural Manpower
Services
Caldwell Building
Tallahassee, Fla. 32304
Phone: 904/488-3218
Local offices can be found in the phone book under:
Florida, State of
Department of Commerce
Employment Service Office
16






FARM LABOR CAMPS-SEASONAL LABOR-STATE


Who must comply:
Anyone who operates a labor camp for five or more
seasonal, temporary, or migrant workers.

Camp owners must:
1) Be issued a permit by the Florida State Department
of Health and Rehabilitative Services through local
County Health Boards.
2) Comply with the Sanitary Code of Florida in such
areas as:
a) Camp sites.
b) Shelters.
c) Water supply.
d) Garbage and refuse disposal.
e) Insect and rodent control.
f) Heating.
g) Lighting.
h) Excreta and liquid waste disposal.
i) Plumbing.
j) Toilets.
k) Washrooms, bathrooms and laundry tubs.
1) Food service facilities.
m) Beds and bedding.
n) Fire protection.
o) Sanitary maintenance.
3) Post the Health Department permit.
4) Provide or have available adequate medical and nurs-
ing care.
5) Not employ persons with communicable diseases
and report any communicable diseases in the camp to the
local health department.

Occupant must:
1) Use the sanitary and other facilities provided.
2) Comply with all applicable camp regulations.

Related Information:
Florida Administrative Code 10D-25
Differences in Provisions of Florida Housing Code and
U.S. Department of Labor Housing Regulations, Citrus
Industrial Council, July 1973.
Labor Bulletin No. 339, Florida Fruit and Vegetable
Association, October 31, 1974.

Responsible Agency:
Florida Department of Health and Rehabilitative Serv-
ices
Health Program Office
Environmental Health Program
P. O. Box 210, 1217 Pearl Street
Jacksonville, Fla. 32201
Phone: 904/354-3961
Requests for information concerning:
Permits, compliance, or other problems should be re-
ferred to the local County Health Department.

17






WORKMEN'S COMPENSATION-STATE
Who must provide coverage:
All agricultural employers who use six or more "reg-
ular" employees, or use 12 or more "seasonal" employees
for more than 30 days at one time, or 45 total days in a
calendar year.

Employer must:
Purchase insurance from a private insurance com-
pany or through a state registered self-insurance fund.
Cost of insurance varies depending on employment activ-
ity and experience rating of each employer. The state
annually determines the "manual" rate for each employ-
ment activity and' job classification. This manual rate
(adjusted for the employers past experience) is paid by
the employer as a percentage of payroll to obtain work-
men's compensation coverage for his employees.
Report all accidents to his insurance carrier within
10 days or face up to a $100 penalty per accident.

Employee benefits:
Payments are made to employees to offset loss of
income (up to 60 percent) and medical costs, including
death and disability payments.

Additional Information (Obtainable from Responsible
Agency-See Below)
Workmen's Compensation Law
Workmen's Compensation Insurance Facts for Em-
ployers
Workmen's Compensation Insurance Facts for Em-
ployees

Responsible Agency
Florida Department of Commerce
Division of Labor
Bureau of Workmen's Compensation
1321 Executive Center Drive
Tallahassee, Fla. 32301
Phone: 904/488-2514
District Offices
Suite 380, State Office Building
215 Market Street
Jacksonville, Fla. 32202
Phone: 904/353-5629
Room 208, Vanguard Building
110 South Hoover
Tampa, Fla. 33609
Phone: 813/879-2881
176 Executive Building
3165 McCrory Place
Orlando, Fla. 32803
Phone: 305/894-3681
Room 606, Ponce de Leon Building
2801 Ponce de Leon Boulevard
Coral Gables, Fla. 33134
Phone: 305/445-7921

18






MOTOR CARRIER SAFETY LAW-FEDERAL

Who must comply:
Any driver operating a covered vehicle inter-state,
with a gross weight including load of more than 10,000
Ibs.
Any driver operating a vehicle carrying hazardous ma-
terials.
Drivers of vehicles used to transport farm machinery
or supplies, or both, to or from a farm for custom-har-
vesting operations or to transport custom-harvested crops
to storage or market are exempt.

What must you do:
There are 12 qualifications a driver must meet. A
sample of these are:
Be at least 18.
Be able to speak and read English.
Pass a physical exam.
Pass a written exam.

No person shall drive any motor vehicle carrying mi-
grant workers unless he possesses the following mini-
mum qualifications:
* No mental, nervous, organic or functional disease likely
to interfere with safe driving.
* No loss of foot, leg, hand or arm.
* No loss of fingers, impairment of use of foot, leg, hand,
fingers, arm or other structural defects or limitation likely
to interfere with safe driving.
* Visual acuity of at least 20/40.
* Ability to distinguish the colors red, green and yellow.
* Hearing not less than 10/20.
* Shall not be addicted to the use of narcotics or habit-
forming drugs, or to the excessive use of alcoholic bever-
ages or liquors.

Related Information
Federal Register, Vol. 36, No. 246

Responsible Agency
U. S. Department of Transportation
Federal Highway Administration
Bureau of Motor Carrier Safety
1252 W. Peachtree Street, N.W.
Room 300
Atlanta, GA 30309
Phone: 404/526-5371











19






TRANSPORTATION-FARM WORKERS-STATE

Who must comply:
Any person who transports, contracts or arranges for
the transportation of nine or more migrant workers who
do not live in the immediate area for planting, cultivating
or harvesting agricultural crops, by a motor vehicle
other than an automobile or station wagon.

Transporter must:
Comply with Chapter 316.289, Florida Statutes.
Among those things covered by Florida Statutes are:
1) Safe tires.
2) Passenger compartment construction.
3) Protection from the weather.
4) Communication between passenger and driver.
5) Adequate exits and entrances.
6) Seats.

Related Information:
Chapter 316.003 and 316.289, Florida Statutes
Labor Bulletin No. 339, Florida Fruit and Vegetable
Association, October 31, 1974.

Responsible Agency:
Florida Department of Highway Safety and Motor Ve-
hicles
Kirkman Building
Tallahassee, Fla. 32304
Phone: 904/488-7055
Local offices are listed in the phone book under:
Florida, State of
Highway Patrol

INCOME TAX-FEDERAL

Who must comply:
Farm employers are not required to withhold federal
income taxes on the wages of farm workers.
Farm workers can voluntarily request their employer in
writing to withhold income tax. The employee must also
provide his employer with a Form W-4 to claim with-
holding exemptions. The employer is not required to
withhold federal income taxes even when requested.

An employer who agrees to withhold taxes must:
Prepare and give to the employee a Form W-2, Wage
and Tax Statement, by January 31 of the year following
year for which taxes were withheld. Copy A of Form
W-2 and a completed Form W-3, Reconciliation of Income
Tax Withheld and Transmittal of Tax Statements, must
be sent to IRS by February 28.

Additional Information
Contact the local or area Internal Revenue Service
Office.

20






RELATED LAWS AND REGULATIONS

Right-to-Work:
Guarantees that ". the right of persons to work shall
not be denied or abridged on account of membership or
non-membership in any labor union or labor organization."
Article 1, Section 6, Florida Constitution
Chapter 447, Florida Statutes

Equal Pay for Equal Work:
This Federal Act, which applies to farm workers, pro-
hibits wage discrimination on the basis of sex to em-
ployees who are subject to the minimum wage.

Age Discrimination in Employment Act of 1967
Prohibits employers with 25 or more workers from fir-
ing or refusing to hire an individual aged 40-65 simply
because of his or her age unless age is a bona-fide oc-
cupational qualification.
Prohibits any statement of age preference-e.g. "boy,"
"girl," "under 30,"-by employers or employment agencies
in help wanted ads.
Prohibits favoring younger workers in pay, promotion
and fringe benefits or similar practices.
Bars unions with 25 or more members from denying
membership to older persons or refusing to refer them to
jobs.

Civil Rights Act
This Federal Act prohibits discrimination based on race,
religion, sex, color or national origin in hiring, firing,
wages, terms, conditions or privileges of employment.
Who must comply: Employers, employment agencies
and labor unions whose activities affect interstate com-
merce.
Exceptions: Employers who employ fewer than 15
workers for each working day in each of fewer than 20
calendar weeks in the current or preceding year.

Portal-to-Portal Act of 1947
This Federal Act establishes a uniform interpretation as
to what constitutes compensable working time where
travel time to and from work is involved or where certain
preliminary or postliminary activity can be construed as
work. In general, work starts at the work site unless
previous arrangements have been made to meet elsewhere.













21






ACKNOWLEDGMENTS


The publication of this Handbook was made possible
in part by financial assistance from the Florida Fruit
and Vegetable Association. The author and the In-
stitute of Food and Agricultural Sciences wish to ex-
press their appreciation for this support.



The author expresses his appreciation to Miss Barbara
Long for her tireless assistance in assembling and sum-
marizing the information contained herein.
Thanks also go to Mr. George Sorn of The Florida Fruit
and Vegetable Association for his encouragement and crit-
ical review of the manuscript. To the state and federal
agency personnel who reviewed the material for accuracy
and supplied the locations of responsible regional, state
and area offices, the author expresses his thanks.
Special appreciation is expressed to Mrs. Evelyn Miller
for her patience in typing the drafts of this publication.


Laws and regulations affecting employers of farm labor
are constantly changing. In some respects this publica-
tion will be out-of-date before it is made available to
farm employers and employees. Efforts were made to
summarize as accurately as possible the fundamental pro-
visions of those regulations in effect on January 1, 1976,
but no claim of completeness or of total accuracy is made.
In view of these facts, the author accepts no responsibility
for user interpretations of statements or omissions con-
tained herein or any liability arising thereunder.

























22
























































This publication was promulgated at a cost of
$760.94, or 19 cents per copy, to inform Florida
farm employers and employees about regulations
affecting them.




Single copies free to residents of Florida. Bulk rates
available upon request. Please submit details on
request to Chairman, Editorial Department, Institute
of Food and Agricultural Sciences, University of
Florida, Gainesville, Florida 32611.







MAY l 9 1977















Instiut cf Focd and Aricultural Sciences




TEACHING
RESEAnCIl
EXTE;P0OJ~





































COOPERATIVE EXTENSION WORK IN AGRICULTURE AND HOME ECONOMICS

Joe N. Busby, Dtea

8 4M 76