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 Front Cover
 Table of Contents
 Preface
 Occupational safety and health...
 Social security - Federal
 Fair labor standards act (minimum...
 Child labor - Federal
 Child labor - State
 Unemployment compensation - State...
 Farm labor contractor (crew leader)...
 Farm labor contractor (crew leader)...
 Illegal aliens - State
 Field Sanitation and drinking water...
 Farm labor camps - temporary -...
 Farm labor camps - seasonal labor...
 Motor carrier safety law -...
 Transportation - farm worker -...
 Workers' compensation - State
 Income tax withholding for...
 Human rights - discrimination -...
 Age discrimination in employment...
 Human rights act of 1977 -...
 Advance earned income credit -...
 Targeted jobs tax credit -...
 Related laws and regulations


UF



Handbook of regulations affecting Florida farm employers and employees
ALL VOLUMES CITATION SEARCH THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
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Permanent Link: http://ufdc.ufl.edu/UF00028032/00003
 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: 1982
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: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved, Board of Trustees of the University of Florida
Resource Identifier: aleph - 000924123
oclc - 15966129
notis - AEN4729
System ID: UF00028032:00003

Table of Contents
    Front Cover
        Page 1
    Table of Contents
        Page 2
    Preface
        Page 3
    Occupational safety and health act (OSHA) - Federal
        Page 4
        Page 5
        Page 6
        Page 7
    Social security - Federal
        Page 8
        Page 9
    Fair labor standards act (minimum wage) - Federal
        Page 10
        Page 11
    Child labor - Federal
        Page 12
        Page 13
        Page 14
        Page 15
    Child labor - State
        Page 16
    Unemployment compensation - State and Federal
        Page 17
        Page 18
        Page 19
    Farm labor contractor (crew leader) registration - Federal
        Page 20
        Page 21
        Page 22
        Page 23
    Farm labor contractor (crew leader) registration - State
        Page 24
    Illegal aliens - State
        Page 25
    Field Sanitation and drinking water - State
        Page 25
        Page 26
    Farm labor camps - temporary - Federal
        Page 27
        Page 28
    Farm labor camps - seasonal labor - State
        Page 29
    Motor carrier safety law - Federal
        Page 30
        Page 31
        Page 32
        Page 33
    Transportation - farm worker - State
        Page 34
    Workers' compensation - State
        Page 35
        Page 36
        Page 37
    Income tax withholding for farmworkers
        Page 38
    Human rights - discrimination - Federal
        Page 39
        Page 40
    Age discrimination in employment act of 1967
        Page 41
        Page 42
    Human rights act of 1977 - State
        Page 43
    Advance earned income credit - Federal
        Page 43
        Page 44
    Targeted jobs tax credit - Federal
        Page 45
        Page 46
    Related laws and regulations
        Page 47
        Page 48
Full Text

Jan a 1982
TiT


1982


Handbook of Regulations

Affecting Florida Farm


Florida Cooperative Extension Service
Institute of Food and Agricultural Sciences
University of Florida, Gainesville
John T. Woeste, Dean for Extension


Circular 526







TABLE OF CONTENTS
PAGE '
OCCUPATIONAL SAFETY AND HEALTH ACT
- (OSHA) Federal .................. ............ 4
SOCIAL SECURITY Federal ....................... 8
FAIR LABOR STANDARDS ACT (MINIMUM
WAGE)- Federal............... ................ 10
CHILD LABOR Federal ............................ 12
CHILD LABOR State ............................ 16 1
UNEMPLOYMENT COMPENSATION State
and Federal .................... ...... ............. 17
FARM LABOR CONTRACTOR (CREW LEADER)
REGISTRATION Federal ........ ........ ....... 20 '
FARM LABOR CONTRACTOR (CREW LEADER)
REGISTRATION State ............. .... ...... 24
ILLEGAL ALIENS State ............... ....... 25
FIELD SANITATION AND DRINKING WATER -
State ................................ .... ........ 25
FARM LABOR CAMPS TEMPORARY Federal ...... 27
FARM LABOR CAMPS SEASONAL LABOR -
State ................................ .... ........ 29
MOTOR CARRIER SAFETY LAW Federal ............ 30
TRANSPORTATION FARM WORKER State ........ 34
WORKERS' COMPENSATION State ................. 35
INCOME TAX WITHHOLDING FOR
FARMWORKERS .................................. 38
HUMAN RIGHTS DISCRIMINATION Federal ...... 39 '
AGE DISCRIMINATION IN EMPLOYMENT
ACTOF 1967 ....................................... 41
HUMAN RIGHTS ACT OF 1977 State ................ 43
ADVANCE EARNED INCOME CREDIT Federal ...... 43
TARGETED JOBS TAX CREDIT Federal ............. 45
RELATED LAWS AND REGULATIONS ............... 47



Acknowledgements
The author is indebted to the many state and federal agency
personnel who gave their time and advice in the preparation of ,
this handbook.
Thanks also go to George Sorn, Robert Emerson, Gary Fair-
child and Allison French for their helpful and constructive r.
review of the manuscript.
For her patience and diligence in typing the numerous drafts
of this publication, the author is indebted to Mrs. Terri Parsons.
A Spanish edition of this handbook is available at the
County Extension Office.








1982 HANDBOOK OF
REGULATIONS AFFECTING
FLORIDA FARM EMPLOYERS
AND EMPLOYEES



C. D. Covey*
The 1982 Handbook represents the third revision of the origi-
nal handbook which was published in 1976.
The profusion of laws and regulations which face employers of
agricultural labor, particularly smaller employers who cannot
afford specialists in labor relations and management, present a
compelling case for a ready source of information on at least the
basic provisions of these laws and regulations. It is to this end that
this handbook is dedicated.
Most of the laws and regulations summarized in this publica-
tion were enacted and promulgated for the benefit of farm
employees. For this reason, farm workers should be aware of the
basic provisions 6f these laws designated to protect their safety
and well being. To this end, this publication is also printed in
Spanish.
This handbook is intended to provide a convenient reference to
the major provisions of the several state and federal regulations
which affect farm employers and employees. It reflects state and
federal laws as of September 1, 1981 as they apply to farm field
workers and not to workers considered non-agricultural, such as
packinghouse workers. This handbook is not intended to provide
answers to the more technical aspects of the laws summarized or
legal interpretations of questions of law. Its purpose is simply to
remind employers and employees of the fundamental provisions
of the laws which govern their relationships.
This handbook does not and should not substitute for specific
technical advice from responsible state and federal agencies,
knowledgeable grower associations, legal agencies, or other
experts in the agricultural labor law field.
In a few instances farmers are subject to duplicate state and
federal laws such as Child Labor, Farm Labor Contractor (Crew
Leader) Registration, Farm Labor Camps, Illegal Aliens and
perhaps others. Whenever the standards differ, the farmer must
comply with the higher or more restrictive standard.


ALTHOUGH THE INFORMATION CONTAINED
HEREIN WAS OBTAINED FROM RELIABLE SOURCES
AND IS BELIEVED TO BE CORRECT AS OF SEPTEM-
BER 1, 1981, IT DOES NOT CARRY THE FORCE OR
INTENT OF LAW AND THE AUTHOR ASSUMES NO
LIABILITY ARISING THEREUNDER.



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







OCCUPATIONAL SAFETY AND HEALTH
ACT (OSHA) FEDERAL

Who must comply:
Aside from the exemptions discussed below, any employer of
one or more workers engaged in a business that affects interstate
commerce must comply with OSHA regulations. This act, how-
ever, does not apply to members of a farmer's family who work
for him. Annual exemptions from all rules, regulations, orders or
standards issued or prescribed under the Occupational Safety
and Health Act of 1970 have been provided for certain farmers
since 1976.
Farming operations employing 10 or fewer employees during
the previous 12 months are exempted if they do not mail
migrant labor camp. This exemption is not a part of the OSHA
law but has been renewed annually as part of the OSHA funding
authorization by Congress. Employers should check with the 4
area OSHA office to determine if the exemption is in force for the
current year.
Farm employers with 11 or more employees are generally .
exempt from civil penalties for non-serious, first-instance viola-
tions unless 10 or more violations are found on any single inspec- .
tion. Again, this limitation does not apply to employers who
operate migrant labor camps.
Employers of 10 or fewer employees will not be assessed penal-
ties for non-serious violations if the employer has:
1) voluntarily requested consultation under an approved pro- -
gram or approved private consultant,
2) had the consultant examine the condition cited, and
3) made or is making a good faith effort to eliminate the hazard.

All employers must:
Inform employees of safety regulations and display pres-
cribed posters in a place where employees will see them.
Report any accident which results in one (1) or more deaths
or in hospitalization of five (5) or more employees. This report
must be made within 48 hours. (Also see reporting requirements
under Workers' Compensation)
Employers of 11 or more workers must:
Keep required records of occupational injuries and illnesses.
Display in a prominent place the Log and Summary of
Occupational Injuries and Illnesses, OSHA Form No. 200, dur-
ing February each year.
Comply with the general duty clause on providing a work,
place free from recognized hazards and comply with the specific
agricultural standards for:
1) Slow moving vehicle emblems.
2) Logging and pulpwood operations.
3) Rollover protection structures (ROPS) and seatbelts on cer-
tain tractors.
4) Temporary labor camps.
5) Storing and handling anhydrous ammonia.
6) Guarding of farm machinery.
7) Retain all records for a period of five years.

Employee must:
Each employee must comply with all safety and health regula-
tions which are applicable to his own actions and conduct. He
must obey all rules, regulations and safety procedures required







Sby his employer to comply with the law, including participation
in safety training and certifying that he has received such train-
ing. The employee is not subject to fines for noncompliance as is
his employer, however, repeated failure to observe recommended
safety procedures or use provided safety equipment is grounds
for dismissal when properly documented.

Training:
Employee training is required under certain of the standards
applicable to agriculture.

General:
1) The employer shall insure the ready availability of medical
persons for advice and consultation on matters of work-place
health.
S 2) In the absence of an infirmary, clinic or hospital in near
proximity to the work place which is used for the treatment of all
injured employees, a person or persons shall be adequately
trained to render first aid. First aid supplies approved by the
consulting physician shall be readMy available.

Temporary Labor Camps:
1) Adequate first aid facilities approved by a health authority
shall be maintained and made available in every labor camp for
emergency treatment of injured persons.
2) Such facilities shall be in charge of person trained to admin-
ister first aid and shall be readily accessible for use at all times.

Tractor Roll-Over Protective Structures (ROPS). Every
'-' employee who operates an agricultural tractor shall be
informed of the operating practices listed below:
1) Securely fasten your seat belt if the tractor has an ROPS.
2) Where possible, avoid operating the tractor near ditches,
Sembankments and holes.
3) Reduce speed when turning, crossing slopes, and on rough,
Slick or muddy surfaces.
4) Stay off slopes too steep for safe operation.
5) Watch where you are going, especially at row ends, on roads
and around trees.
6) Do not permit others to ride.
7) Operate the tractor smoothly no jerky turns, starts or
stops.
8) Hitch only to the drawbar and hitch points recommended by
tractor manufacturers.

Guarding of Farm Equipment:
At the time of initial assignment and at least annually thereaf-
ter, the employer shall instruct every employee in the safe opera-
tion and servicing of all covered equipment with which he is or
will be involved, including at least the following safe operating
practices:
1) Keep all guards in place when the machine is in operation.
2) Permit no riders on farm field equipment other than persons
required for instructions or assistance in machine operation.
3) Stop engine, disconnect the power source, and wait for all
machine movement to stop before servicing, adjusting, cleaning
or unclogging the equipment except where the machine must be
running to be properly serviced or maintained, in which case the







employer shall instruct employees as to all steps and procedures
which are necessary to safely service or maintain the equipment.
4) Make sure everyone is clear of machinery before starting the
engine, engaging power or operating the machine.
5) Lock out electrical power before performing maintenance or
service on farmstead equipment.
It is suggested that records be kept of all safety and health 3
training. The records should include exactly what was covered,
when the training was provided and the signature of the
employee acknowledging that he has received the training.
-<

Inspections:
Ordinarily OSHA Compliance Safety and Health Officers
(CSIIO) will be admitted to the workplace upon request. How-
ever, if for some reason the employer chooses to deny entry, the
CSHO must obtain a search warrant showing due cause for the
inspection in order to obtain entry. Recent regulations issued by
the Secretary of Labor permit a CSHO to seek a search warrant
prior to being denied access to the workplace and in some cases to
seek ex parte warrants, i.e., without the knowledge of the
employer. Employers are not required to pay employees for the
time spent accompanying a CSHO on walkaround inspections.

Additional information (obtainable from the respon-
sible agency see below)
OSHA 2001, The Occupational Safety and Health Act of
1970, P.L. 91-596.
OSHA 2069, Ley De Seguaridad Y Salud Ocupacionales De
1970, P.L. 91-596.
OSHA 2203, (Poster) Job Safety and Health Protection. .
OSHA 2202, (Poster) Seguridad Y Proteccion De La Salud
En El Trabajo.
BLS Report 421-2, What Every Employer Needs to Know r
About OSHA Recordkeeping.
BLS Recordkeeping Requirements under the Occupational
Safety and Health Act of 1970.
OSHA 2209, OSHA Handbook for Small Businesses.
OSHA 2056, All About OSHA.
OSHA 2098, OSHA Inspections.
OSHA 2253, Workers Rights Under OSHA.
OSHA 2210, El Empleado Y OSHA.
OSHA 2227, Essentials of Machinery Guarding.
OSHA 2237, Handling Hazardous Materials.
OSHA 2256, Guarding of Farm Field and Farmstead
Equipment and Cotton Gins.
Order No. 008923, (Film) Hand Signals for Agriculture. .
OSHA 2297, OSHA Requirements for Agricultural Machines
Guarding Standards. (Audio-Slide Set).

Other information:
Tractor Safety Brochure and the SMV (Slow Moving Vehi-
cle) Story, Florida Farm Bureau Safety Department, P. O. Box
1000, Apopka, FL 32703-1000.
Free inspections, without penalties or citations, are given by
the Florida Department of Labor and Employment Security,
Division of Workers' Compensation. Contact the Bureau of
Industrial Safety and Health, 204 Lafayette Building, 2551
Executive Center Circle, West Tallahassee, FL 32301, Telephone
904/488-3044.







Free inspections are offered by most major casualty insu-
rriers,
-* English and Spanish Employee Operating Instruction
stickers for tractor drivers are available from some county
Extension offices and from the Florida Fruit and Vegetable
Association.
@** A course to familiarize employers and employees with
OSHA is offered, upon request, through Valencia Community
College, Orlando, Phone: 305/299-5000, Ext. 192.
-For additional information contact the Extension Safety
Specialist, Department of Agricultural Engineering, IFAS.
. University of Florida, Gainesville, FL 32611, Phone 904/392-2468.

Responsible agency (administration and enforce-
ment)
,U.S. Department of Labor
Occupational Safety and Health Administration
Washington, D.C. 20250

'Regional office:
Suite 587
1375 Peachtree Street, N.E.
Atlanta, GA 30367
Phone: 404/881-3573

Area offices:
299 E. Broward Blvd.
'Room 301
Ft. Lauderdale, FL 33301
"Phone: 305/527-7292

S2809 Art Museum Drive
Suite 4, Art Museum Plaza
Jacksonville, FL 32207
Phone: 904/791-2895

Room 624
700 Twiggs Street
Tampa, FL 33602
....... : 813/228-2821

Field offices:
Room B-16, Federal Bldg.
100 N. Palafox Street
-' P. O. Box 12212
Pensacola, FL 32581
SPhone: 904/438-2543

Suite 315, Kogerama Bldg.
1300 Executive Center Drive
STallahassee, FL 32301
Phone: 904/877-3215

Federal Bldg., U.S. Courthouse
80 N. Hughey Ave.
Room 419
Orlando, FL 32801
Phone: 305/420-6388







Note: The U.S. Secretary of Labor is currently under cour
order to set a timetable for the development of field sanitation
regulations for farmworkers under OSHA.

SOCIAL SECURITY FEDERAL

Who must comply:
Farm employers must make Social Security deductions if they:
Pay an employee $150 or more in cash wages during a
calendar year, OR
Pay an employee cash wages for 20 or more days during a
calendar year on a time basis (hour, day, week etc.)
Some types of family employment are not covered by Social
Security. This exemption is not optional. Noncovered family
employment is any work performed by:
1) A child under 21 years of age in the employ of his father or,
mother.
2) A man in the employ of his wife or a woman in the employ of,
her husband.
3) A parent in the employ of a son or daughter performing:
a) domestic service in or about the private home of the son
or daughter.
b) work not in the course of the son's or daughter's trade or
business.
The family exclusion does not apply when the employer is a
corporation or association classified as a corporation and a part-
nership, unless the family relationship exists between the em-
ployee and all the partners.

Employers must:
Withhold 6.70 percent of employee's cash wages (including
the initial $150) and add an equal amount as the employer's
contribution (during 1982 the tax is limited to the first $32,400 of
annual wages).
Under existing law the rate will remain at 6.70 percent for
1982, 1983 and 1984, but the taxable wage limit will change each
year based on an index of average wage levels (check with the
local Social Security Office estimated to be $35,400 in 1983).
Employers having an undeposited liability of withheld
income taxes and Social Security deductions and contributions
must deposit these funds in a Federal Reserve Bank or -
rized commercial bank as indicated in the following schedule.
Deposits must be accompanied by Form 511, Federal Tax
Deposit.

Summary of Deposit Rules
for Social Security Taxes
and Withheld Income Tax
Deposit Rule Deposit Due
(1)If at the end of any eighth- Within 3 banking days after
monthly period (the 3rd, 7th, end of eighth-monthly period.
llth, 15th, 22nd, 25th, and last
day of each month) your total
undeposited taxes are $3,000
or more:







Deposit Rule Deposit Due
(2)If attheendof anymonth Within 15 days after end of
your total undeposited taxes month.(If lessthan $500, carry
are $500 or more but less than over to next month. No deposit
$3,000: is required if you made a dep-
osit for an eighth monthly per-
iod during the month under
the $3,000 rule in (1) above).







(3) If at the end of the quar- No deposit is required. You
teryour total undeposited taxes can pay the taxes to IRS with
for the year are less than $500: Form 943, or you may deposit
them by the end of the next
month.

Provide each employee with a Form W-2, Wage and Tax
Statement, showing the amount of earnings, income tax with-
held, and amount of Social Security deductions by January 31.
File Form W-3, Transmittal of Income and Tax Statements
and attach copies of each employee's Form W-2 with the Social
Security Administration, Office of Central Records Operations,
Baltimore, MD 21290, by February 28th of each year.
Prepare and file Form 943, Employer's Annual Tax Return
for Agricultural Employees, with the Internal Revenue Service
by January 31st of each year (February 10 if tax was paid in full
with Forms 511).
Maintain payroll records for at least four years for each
employee. These records should include:
1) Employee's name and social security number.
2) Cash payments to the employee for farmwork.
3) Any amount deducted as employee social security tax.
4) The number of days the employee did farmwork for cash
wages on a time basis.
5) The amount, if any, of income tax withheld.
6) The amount of noncash wages paid (for income tax purposes
only).

Self employed farmers:
Self employed farmers who report a net income of $400 or more
from the farming operation must contribute to Social Security.
The contribution rate in 1982 is 9.35 percent of annual net earn-
ings up to $32.400. Under existing law the contribution rate will
remain at 9.35 percent for 1982, 1983, and 1984, but the taxable
income limit will change each year based on an index of average
wage levels. If a farmer also earns wages which are subject to
Social Security deductions, he will contribute on his self employ-
ment income until the combined earnings reach the current
income limitation ($32,400 in 1982).







Additional information:
Circular A, Agricultural Employer's Tax Guide, Publication
51, Department of the Treasury, Internal Revenue Service. (Pub-
lished annually)
Farmer's Tax Guide, Publication 225, Department of the
Treasury, Internal Revenue Service. (Published annually).
The following pamphlets are available from most local Social
Security offices:
Farmers how to report your income for social security.
Your Social Security.
Your Social Security Rights and Responsibilities, Retire-
ment and Survivors Benefits.
Your Social Security Rights and Responsibilities, Disability
Benefits.
If You're Self-Employed Reporting your Income for
Social Security.
If You Become Disabled.

Responsible agency:
Benefits:
U.S. Department of Health and Human Services
Social Security Administration
Enforcement and Tax Collection:
Department of the Treasury
Internal Revenue Service
Local Social Security Offices
are normally listed in the
telephone directory under:
U.S. Government
Social Security Administration

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 calendar year (The equivalent
of about seven full-time employees working five days a week).
If the employer did not employ more than 500 man-days of
agricultural labor in any quarter of the preceding calendar year,
his agricultural employees are exempt from the minimum wage
provisions of the act for the entire following calendar year. Con-
versely, if the employer used more than 500 man-days of farm
labor in any calendar quarter of a year, coverage extends to the
entire following calendar year even if the employer does not use
500 man-days of labor in any quarter of the second year.
The following employees are included in the 500 man-day test,
but are 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.
The following employees are excluded from both the 500 man-
day and minimum wage requirements:
a) Employer's immediate family.
b) Employees who
are paid on a piece rate basis AND







were employed in agriculture as hand harvest laborers
fewer than 13 weeks in previous year AND
'* commute to work daily (non-migrants).

Employers must, if covered:
S* Pay at least minimum wage to all employees currently
$3.35 per hour.
S* 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.
S2) Complete home address.
3) Sex and occupation in which employed.
4) Identification of employees who are:
a) Members of an employer's immediate family.
b) Hand harvest workers paid on a piece rate.
c) Employees principally engaged in range livestock pro-
duction.
5) The number of man-days worked each week or month (a
man-day is any day during which an employee does agri-
cultural work for one hour or more).
S6) Beginning day and time of employee's work week.
7) Basis on which wages are paid, i.e., $3.50 per hour, $30.00
per day or piece work.
8) Hours worked each-work-day and total hours worked each-
work-week.
9) Total daily or weekly earnings.
10) Total additions to or deductions from wages with an
explanation of each.
S11) Total wages paid each pay period together with proof of
payment to individual workers including cash advances or
other deductions.
12) Date of payment and pay period covered by payment.
Have on file a statement from each exempt piece rate
'employee showing the number of weeks employed in agriculture
during the preceding year.
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 perman-
'ent address and date of birth of any minor under 18 who works
when school is in session or works in a hazardous occupation.
Display the official poster "Notice to Employees" where
iees can see it. This poster contains basic information on
minimum wages.

'Employers may:
--Deduct the cost of certain items from the wages of farm-
workers. However, care should be exercised because the deduc-
tion of certain items may not reduce wages below the minimum
wage.
SDeductions which may lawfully reduce the wage level below
$3.35 per hour are:
1) Deductions required by law Social Security and withhold-
ing tax.
-' 2) "Third Party" deductions authorized by the employee-union
dues, United Fund, health insurance if it is to a "Third Party."
3) Salary advances exclusive of interest charges. Receipts for
cash advances must be obtained and retained.
4) Housing and meals, provided it does not exceed the fair
market value and meets a number of specified conditions dealing







with profit and rate of return on investment (See 29 CFR Part
531).
Deductions which may not lawfully reduce the wage level
below $3.35 per hour are:
1) Transportation advances.
2) Charges for contractors' (crew leader) services.

Additional information (obtainable from the respon-
sible agency see below)
Handy Reference Guide to the Fair Labor Standards Act, WH
Publication 1282, Wage and Hour Division, Employment Stand-
ards Administrations, U.S. Department of Labor, December,
1977.
Discussion Guide: Farm Labor Standards Amendments of
1977, Wage and Hour Division, Employment Standards Admin-
istration, U.S. Department of Labor, November, 1977.
The Fair Labor Standards Act of 1938, as amended, WH Pub-
lication 1318, February, 1980.
Records to be kept by Employers under the Fair Labor Stand-
ards Act, as amended, WH Publication 1261, April, 1976.
Regulations, Title 29, Labor, Part 519, Employment of Full-
time Students at Special Minimum Wage.
Wage Payments under the Fair Labor Standards Act of 1938
as amended, WH Publication 1210 Revised, November, 1972.
Exemptions Applicable toAgriculture, Processing of Agricul-
tural Commodities and Related Subjects, WH Publication 1042,
April, 1974.
Defining the Terms "Executive," "Administrative," "Profes-
sional," and "Outside Salesman," WH Publication 1281, Novem-
ber, 1977.

Other information:
E. John Dinkel, III, When is a Nurseryman or Landscaper an
Agricultural Employee under the Federal Labor Laws? Special
Report, Florida Nurserymen and Growers Association, April 1,
1980.

Responsible agency:
Regional office:
U.S. Department of Labor
Employment Administration
Wage and Hour Division, Room 331
1371 Peachtree Street, N.E.
Atlanta, GA 30309
Area offices:
See Child Labor-Federal section.

CHILD LABOR FEDERAL

Coverage:
Minors age 16 and over are not included under the child labor
provisions of the Fair Labor Standards Act (FLSA). With some .
minor exceptions all other minors under age 16 are covered by
the child labor provisions of FLSA. Farm employers who are not
covered under other provisions of FLSA (minimum wages, over-








time) for the most part must comply with the law if they employ
minors under 16 years old.
16 years old is the minimum age for working in agricultural
jobs:
1) declared hazardous by the Secretary of Labor, and
^ 2) during school hours.
14 years old is the minimum age for working in agricultural
jobs:
1) outside of school hours, and
: 2) not declared hazardous by the Secretary of Labor.

Except:
12 and 13 year olds may be employed with written parental
consent or on a farm where the minor's parent or person standing
in place of the parent is also employed;
Minors under 12 may be employed with written parental
consent on farms whose employees are exempt from federal min-
imum wage provisions.
It should be noted that minors of any age may be employed by
their parents at any time in any occupation on a farm owned or
operated by their parent or person standing in place of their
parent.

School hours and hours worked:
With the possible exception of minors employed by their par-
'ents on their parents' farm, minors 14 and 15 may not be
,employed:
During school hours except for those enrolled in certain
,work training programs (see Exceptions Section).
Before 7:00 a.m. or after 7:00 p.m. except 9:00 p.m. from
June 1 through Labor Day.
More than 3 hours a day on school days.
More than 18 hours a week in school weeks.
More than 8 hours a day on nonschool days.
More than 40 hours a week in nonschool weeks.

-'10 and 11 year olds:
Upon application, waivers may be issued by the Department of
permitting 10 and 11 year old minors to work in hand
harvested, short season crops provided the employer does not use
a restricted pesticides and complies with the minimum
.reentry times for specified chemicals. (29 CFR-Part 575).

-Hazardous occupations in agriculture:
The Secretary has found and declared that certain occupations
in agriculture are hazardous. Aside from certain exemptions, no
Minor under 16 years of age may be employed at any time in these
occupations. Briefly these hazardous occupations are:
1) Operating, driving or riding on a tractor with more than 20
PTO horsepower.
- 2) Operating or assisting to operate a corn picker, cotton
picker, grain combine, hay mower, forage harvester, hay baler,
digger, peaviner, feed grinder, crop dryer, forage blower,
Sauger conveyor, self unloading wagon or trailer, power post-hole
Sdigger, power post driver, nonwalking type rotary tiller.
3) Operating or assisting to operate a trencher or earth mov-
ing equipment, fork lift, potato combine, power driven circular,
band or chain saw.








4) Working in pen, yard, or stall with a bull, boar, stud horse'
sow with pigs or cow with calf.
5) Working around timber with a butt diameter of more thai
six inches.
6) Working from a ladder or scaffold more than 20 feet high.
7) Driving a bus, truck or automobile when transporting-
passengers.
8) Working inside a fruit, forage or grain bin or silo under
certain specified conditions.
9) Handling or applying anhydrous ammonia or other speci-
fied chemicals, including those that bear the legend "Poison" or
"Warning" on the label.
10) Handling or using explosives.

Exemptions from hazardous occupations in agricul-
ture:
As previously stated minors under 16 years old working for'
their parents on their parents' farm are exempt.
Student Learners Student learners in a bona fide voca'-
tional agricultural program may work in the occupations listed
in items 1 through 6 of the hazardous occupations order under a
written agreement which provides that the student-learner's
work is incidental to training, intermittent, for short periods of
time, and under close supervision of a qualified person; that
safety instructions are given by the school and correlated with
on-the-job training; and that a schedule of organized and pro-
gressive work processes has been prepared. The written agree'
ment must contain the name of the student-learner, and be signed
by the employer and a school authority, each of whom must keeb
copies of the agreement.
4-H Federal Extension Service Training Program Minord
14 and 15 years old who hold certificates of completion of either
the tractor operation or machine operation program may work inr
the occupations for which they have been trained. Occupations
for which these certificates are valid are covered by items 1 and 2'
of the hazardous occupations order. Farmers employing minors
who have completed this program must keep a copy of the certifif
cates of completion on file with the minor's records.
Enrollment in this program is open to minors who are not1
members of 4-H as well as 4-H members. Information on this
program is available from an Extension Agent of the Coop
Extension Service of a land grant university.

Vocational agricultural training program
Minors 14 and 15 years old who hold certificates of completion
of either the tractor operation or machine operation program of
the U.S. Office of Education Vocational Agriculture Training
Program may work in the occupations for which they have been.
trained. Occupations for which these certificates are valid are
covered by items 1 and 2 of the hazardous occupations
Farmers employing minors who have completed this program
must keep a copy of the certificate of completion on file with the
minor's records.
Information on the Vocational Agriculture Training ProgramT
is available from vocational agriculture teachers.

Employers must:
Every employer, except a parent employing his own child on
his own farm, who employs any minor under 16 years old must








Preserve and maintain records containing the following data on
Each minor employee
1) Name in full
2) Place where minor lives and his permanent address
3) Date of birth
4) Evidence in writing of any required parental consent.
Keep a minor employee's age or employment certificate on
file
Observe wage and hour provisions of the FLSA.
Prohibit minors under 16 from performing jobs declared as
hazardous.

Minor employees must:
Provide their employer with an employment or age certifi-
cate obtained from local school officials. Certificates issued
under most State laws are acceptable.

Additional information (obtainable from the respon-
sible agency see below)
The Fair Labor Standards Act of 1938, as Amended, WH
Publication 1318, February, 1980.
Regulation, Part 575, Waiver of Child Labor Provisions for
Agricultural Employmentof 10 and 11-Year Old Minors in Hand
Harvestingof Short-Season Crops, WH Publication 1438, October,
1980.
SChild Labor Requirements in Agriculture Under the Fair
Labor Standards Act, Wage and Hour Division, Child Labor
Bulletin No. 102.
Occupations in Agriculture Particularly Hazardous for the
Employment of Children Below the Age of 16, WH Publication
1283. (Rev. 12/72).
Regulations: Part 579 Child Labor Violations, Part 580 -
Civil Penalties Rules of Practice for Administrative Proceed-
* ings, WH Publication 1415, September, 1975.
Young Farm Workers and the Fair Labor Standards Act, WI
Publication 1338, May 1971 A Guide to Labor Provisions of the
Fair Labor Standards Act, WH Child Labor Bulletin No. 101,
1973.
A Message to Young Workers about the Fair Labor Standards
Act, As Amended in 1974, WH Publication 1236, 1976.

Responsible agency:
Regional office:
U.S. Department of Labor
Wage and Hour and Public Contract Division
1376 Peachtree Street, N.E.
Atlanta, GA 30309
Area offices:
2135 Davie Blvd.
Ft. Lauderdale, FL 33312
Suite 121
3947 Boulevard Center Drive
Jacksonville, FL 32207
Suite 617
700 Twiggs Street
Tampa, FL 33602








CHILD LABOR STATE
Coverage:
With the exception of the exemptions discussed below, minors
17 years old and younger come under the provisions of the Flor-
ida Child Labor Law.
Minors 16 and 17 years old are permitted to work in most
occupations except where alcoholic beverages are sold ;
but must provide their employer with proof of age.
Except for certain farmwork, motion picture studios, televi-
sion studios and theaters, and Legislative pages, no minor 11
years old or younger may be employed at any time.
The presence of any minor in any place of employment is bong
fide evidence of his employment there.
Minors 15 years old and younger may be employed outside of
school hours, provided that
The occupation is not considered hazardous.
They obtain an age certificate or provide other proo

Exemptions:
Minors of any age employed by a parent on the parent's farm if
the occupation is not considered hazardous and the employment
is outside of school hours.
Any minor seventeen (17) years or younger who has graduated
from high school, is or has been married, is or has been in the
military service, or has court permission is exempt from any
child labor restriction applying to hours.

Hazardous occupations:
Minors 15 years old or younger are prohibited from working in
the following occupations;
(1) In connection with power driven machinery except power,
mowers with cutting blades 40 inches or less.
(2) In mines or quarries.
(3) Manufacturing, transporting, or using explosives or highly
inflammable material.
(4) In sawmills or logging operations.
(5) On any scaffolding.
(6) In heavy work in the building trade.
(7) In repairing elevators or other hoisting equipment.
(8) In operating meat grinding machines, dough brakes, or
mixing machines.
(9) Operating emery or polishing wheels, punch presses,
stamping machines, and power driven laundry or dry cleaning,
machines.
(10) In the manufacturing of paint.
(11) In spray painting or spraying of insecticides or other toxic-
substances.
(12) Alligator wrestling or in connection with snake pits.
(13) In the operation of a motor vehicle, except that 14 and 15
year old minors may drive tractors on their parents' farm and 14
and 15 year old minors who have completed a recognized ti '
course in tractor operation may drive tractors under the close
supervision of the farm operator.








SSchool hours and work hours:
Minors 15 years old and younger may not work (hourly limits
do not apply if minor working for parent on parent's farm):
More than 40 hours per week
More than six days in one week
More than 10 hours in one day
More than 4 hours on a school day, unless there is no school
- session on the following d(ay.
SBetween 9:00 p.m. and 6:30 a.m. (Minors 14 and 15 may work
between 6:30 a.m. and 11:00 p.m. on days preceding a day when
school will not be in session. Minors 16 and 17 may work between
5:00 a.m. and 1:00 a.m.
No child under 18 shall work for more than five hours
continuously without at least a 30 minute lunch break.

Employers must:
Keep a time card for each minor under 18 employed in a
form approved by the Division of Labor which shall include:
1) Name and address.
2) Number of hours worked on each day of the week.
3) The hours of beginning and ending of such work.
4) The hours of beginning and ending of meal periods.
5) The amount of wages paid.
6) Maintain these records on file and available for inspection
Sfor 4 years.
Maintain proof of age documents for each minor employed.
The following documents will satisfy this requirement:
1) a photocopy of the child's birth certificate.
2) a photocopy of the child's driver's license.
S 3) an age certificate issued by the local school district.
4) a photocopy of a passport or visa which lists the child's date of
birth.
Comply with the more stringent standards between the fed-
Seral and the state child labor law.

Related information:
Chapter 450, Part 1, Child Labor, Florida Statutes

Responsible agency:
Florida Department of Labor and Employment
Security
Division of Labor
1321 Executive Center Drive, East, Rm. 200
Tallahassee, Florida 32301
Phone: 904/488-7396

UNEMPLOYMENT COMPENSATION-
STATE AND FEDERAL

Who must comply:
Any employer of farm workers who, either has in the current
calendar year or had in the preceding calendar year
a) a payroll of at least $20,000 in any calendar quarter, OR
b) ten (10) or more employees for some portion of a day in
twenty (20) or more weeks during the year.








Responsible employer:
Depending upon the circumstances, the farm operator or the
crew leader may be the employer.
The FARM OPERATOR is the employer under these circum-
stances
1) The individual is an employee of the farm operator under
common law rules of master and servant, or
2) The worker is furnished by the crewleader but is not treated
as an employee of the crew leader, i.e., the crew leader is acting on
behalf of the farm operator rather than as an employer, or
3) The crew leader has entered into a written agreement with
the farm operator under which the crew leader is designated as
an employee of the farm operator.
The CREW LEADER is the employer under these circumstan-
ces:
1) The crew leader holds valid certification of registration
under the Farm Labor Contractor Registration Act of 1963, or
2) Substantially all crew members operate or maintain trac-
tors, mechanized harvesting or crop-dusting equipment, or any
other mechanized equipment provided by the crew leader, and
3) The employee is not an employee of any other person under
common law rules of master and servant.

Farm related exempt employment:
Farmwork for an exempt employer (See who must comply).
Certain students working for credit on a program combining
academic instruction with work experience (work-study pro-
gram).
Service performed for a son, daughter, or spouse, or by a
child under age 18 for his father or mother. When the employing
unit is a partnership the exempt relationship must exist with all
partners.
Work on a fishing vessel under 10 net tons.

Employers must:
a) Pay unemployment compensation tax on the first $6,000 of
annual payroll earnings for each employee. There are two parts
to the tax; federal and state.
1) The effective FEDERAL tax is 0.7 percent of the first
$6,000 of annual payroll of each employee. (The actual federal tax
is 3.4 percent less a credit of 2.7 percent if the employer pays the
state tax by January 31st of the following year.)
2) The STATE tax will vary depending on the experience
rating of the individual farm employer. Farm employers without
an experience rating will pay 2.7 percent of the first $6,000 of
annual payroll of each employee for ten calendar quarters. At the
end of the eighth calendar quarter the rating process will be
started and taxes paid in the 11th quarter and subsequent quar-
ters will be based on the experience rating. Experience ratings
are recalculated annually thereafter. Annual rate notices are
mailed to all employers on March 15th of the applicable year. The
current maximum tax rate payable in Florida is 4.5 percent to
which must be added the 0.7 percent federal tax.
b) Submit tax and wage reports as required. The employer's
Quarterly Tax and Wage Report (Form UCT-6) is due the first
day of the first month following the end of the calendar quarter.
Penalty and interest charges are due if the Tax and Wage Report
is filed after the last day of the first month following the quarter.
The Tax and Wage Report form, which is sent to each liable








"employer at the end of each quarter, provides for listing each
"employee's name, social security number, number of weeks
worked in the calendar quarter, and the gross wages paid.
c) When a former employee submits an unemployment benefit
claim, most recent employers will be notified from the local office
'on Form UCB-4, Notice of Claim Filed. The employer has ten
days to furnish the local office information about the job separa-
tion which may be disqualifying(see list below). Other employers
'will also be notified of the claim by the central office on Form
'UCB-12. The employer has ten days to furnish the central office
with information about the separation which may be disqualify-
ing. If the employer fails to reply within the prescribed period
concerning a disqualifying separation the claim may be charged
against his experience rating and result in a higher tax rate in
the future.
d) Display, in a place where all employees can see it, the poster
'"To Employees" (FDC Form BUC-83 in E l,,il. or FDC Form
'BUC-83S in Spanish).
e) Have records available for inspection at any reasonable hour
during the business day and maintain records for a period of five
calendar years.

Employee eligibility:
In addition to being unemployed, able and available for work,
Sand not subject to any of the disqualifications listed below, a
claimant must have the necessary wage credits during the base
'period.
Base-Period The base period is the first four of the last five
completed calendar quarters preceding the filing date of the
worker's initial claim.
Wage Credits To be eligible a claimant must have average
weekly wages of $20 or more during base period and have total
base period wages equal to at least 20 times his average weekly
wage ($400 or more).

Weekly benefits:
The weekly benefit amount to which a claimant is entitled is
one-half the average weekly wage but not more than $125. The
maximum benefit amount can only be changed by an act of the
.ature.

Employee claims:
Employees do not pay for unemployment insurance. This cost
is borne by the employer. Unemployed farm workers, who are
eligible, may file for benefits at the local office of the Bureau of
Unemployment Compensation (see Responsible Agency).
S A farm worker may not be eligible for benefits if it is found
that:
He voluntarily quit his job without good cause attributable
to his employer.
He was discharged for misconduct connected with his work.
S He fails to apply for or accept suitable work.
His unemployment is due to participation in a labor dispute.
He fails to disclose required information on a benefit claim.
Willful misrepresentation is also cause for fine and imprison-
Sment.
He is receiving or is eligible to receive a retirement income
other than disability from a base period employer.








He is receiving or is seeking unemployment benefits under
an unemployment compensation law of another state or the Uni-
ted States.
He is an illegal alien.

Additional information (obtainable from the respons-
ible agency see below):
LES UC Bulletin 2, Florida Employer, Information on the
Florida Unemployment Compensation Law. (Revised 9/78).
LES UC Bulletin 1, UnemploymentInsurance, For Workers
Under the Florida Unemployment Compensation Law (Revised
7/78).
Bureau of Unemployment Compensation, Florida Unem-
ployment Compensation, Employer Handbook (Revised 10/77).

Other information:
Employers' Handbook on the Florida Unemployment Com-
pensation Law, 1981-82 Ed., Geri Atkinson Associated Indus-
tries of Florida, P.O. Box 784, Tallahassee, FL 32302 $10.00.
Labor Bulletin No. 361, Florida Fruit and Vegetable Asso-
ciation, August 1977.
Labor Bulletin No. 364, Florida Fruit and Vegetable Asso-
ciation, October 1977.
Unemployment Compensation State and Federal, Citrus
Industrial Council, November 1977.
Unemployment Compensation for Florida Farm Workers,
Food and Resource Economics Fact Sheet No. 12, IFAS, Univer-
sity of Florida, November 1977.
FloridAgriculture Magazine, Vol. 36, No. 12, December
1977.
Chapter 443, Florida Statutes.

Responsible agency:
Florida Department of Labor and Employment Security
Division of Employment Security
Bureau of Unemployment Compensation
Caldwell Building
Tallahassee, FL 32301
Phone: 904/488-6093

Local offices are listed in the telephone directory under
following heading:

Florida, State of
Labor and Employment Security, Department of
Unemployment Compensation, Bureau of

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 agricul-
tural employment.








SExceptions:
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. ("Incidental" is not precisely defined and has resulted in
the courts making individual determinations).
3) Any person who engages in such activity solely within a
25-mile radius of his permanent place of residence, 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. Certificates of Regis-
tration expire on December 31st each year. If reniczal
application is fully completed prior to December 1st,
the contractor can legally work after January 1st if he
has not received a new Certificate of Registration by
that date.
2) Provide certificate of liability insurance coverage for each
vehicle used to transport farm workers and if contractor or
employee of contractor plans to drive a vehicle to transport
workers, submit a doctor's certificate and evidence of
appropriate license to operate such vehicle.
3) Submit written proof that all housing facilities which he
owns or controls and uses for housing workers comply with
Federal and State health and safety standards.
4) Ensure that all full-time or regular employees of a certi-
fied labor contractor who engage in recruiting, soliciting,
hiring, furnishing, or transporting workers for the labor
contractor obtain a Farm Labor Contractor Employee
Identification Card.
5) Carry certificate of registration at all times.
6) At the time of recruitment, inform each worker in writing
and in the language in which the worker is most fluent, the
following:
a) Where he will be working.
b) Crops and operations on which he will be employed.
c) Transportation, housing and insurance to be provided.
d) Wage rates.
e) What the Crew Leader charges for his services.
f) Period of employment.
g) Existence of strikes at place of employment.
h) Any commission ("kickback") arrangements between
Crew Leader and any local merchants dealing with
workers.
7) Upon arrival at the place of employment, post the condi-
tionsof 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 employ-
ment.
8) If the contractor owns, manages, supervises or controls the
housing facilities, post the terms and conditions of occu-
pancy.
9) Promptly pay farm workers and furnish each worker with
a written statement showing:
a) Gross earnings.
b) Itemization of the amount and purpose of each deduc-
tion.








c) Net earnings.
d) Amount received by contractor "on behalf of such
migrant worker."
e) Amount contractor received "on account of the labor of
such migrant worker."
10) Furnish a copy of the payroll records to the person who"
engages the services of the contractor.
11) Refrain from knowingly recruiting, employing, or utiliz-,
ing the services of illegal aliens and evidence a bona fide
inquiry of each employee's status as a U.S. citizen or as a'
person lawfully authorized to work in the United States.

Proof of work eligibility:
Acceptable evidence of legal employability includes any of the
following documents.
1) A. U.S. birth certificate.
2) Certificate of Citizenship.
3) Certificate of.NAturalization.
4) U.S. identification card (INS 1-179 or 1-197).
5) A U.S. passport identifying the person as a U.S. citizen.
6) Consular report of birth (State Dept. form FS-240).
7) Baptismal certificate under seal of a church or other reli-
gious body which practices infant baptism showing the
individual's date and place of birth within the U.S., its
territories or possessions.
8) A document under seal of a religious group which does not
practice infant baptism showing the individual's date and
place of birth within the U.S., its territories or possessions.
9) Tribal enrollment card in an American Indian tribe rec-
ognized by the Bureau of Indian Affairs.
10) Other written advice from the Immigration and Naturali-
zation Service attesting that such person is a citizen of the
U.S.
11) A copy of a declaration, signed by the applicant and filed
with and witnessed by the U.S. Employment Service,
attesting that the individual is a citizen of the U.S., was
born at the place stated, and on the date specified, and
reciting the following additional information:
a) Social security number
b) Names and addresses of three adult U.S. citizens who
can verify the individual's citizenship.
12) A certificate by the Puerto Rican Department of Labor
indicating that the individual was born within the U.S.*
(including territories or possessions), at the time and place
specified and giving the individual's home address.
13) INS-Form 1-551, A laminated Card with photograph, fin-
gerprints and signature of alien.
14) INS-Form 1-94 (with or without passport), either
a) Bearing the words "employment authorized," or
b) Bearing the designation H-2.
15) Any other written advice from the Immigration and Natu-'
ralization Service (INS) that such person is an alien autho-
rized by INS to accept agricultural employment in the
U.S.
16) United States Armed Forces Discharge Papers.

Responsibilities of persons who use contractors:
1) Must use a labor contractor who holds a valid certificate for
each type of service he is to perform, such as:
a) Orange card certificate of registration for the labor
contractor.








b) Green card certificate of authorization to transport
workers.
c) Yellow card certificate of authorization to house
workers.
d) Blue card identification of a contractor's employees.
2) Maintain or obtain payroll and other required information
from the contractor.
3) Recent court decisions indicate that persons who use labor
contractors may be held to be joint employers with the
contractor and could be held accountable for actions of the
contractor.

SAdditional information (obtainable from the respon-
sible agency see below)
WII Publication 1389, Farm Labor Contractor Registration
Act of 1963, as amended (Rev. 5/77).
WH Publication 1369, Regulations, Part 40: Farm Labor
Contractor Registration Subpart A-Registration, Subpart B-
Administrative Proceedings, (Rev. 8/79).
WH Publication 1369-A, Amendment to Part 40, Farm
Labor Contractor Registration, (1/12/80).

Related information:
Labor Bulletin No. 346, Florida Fruit and Vegetable Asso-
ciation, November 1975.
An Interpretation of the Crew Leader Registration Law, Leo
Polopolus, Staff Paper No. 133, Food and Resource Economics
Department, IFAS University of Florida, September 1979.
Federal Register, Vol. 41, No. 126, June 29, 1970. pp.
26819-26832.
Federal Register, Vol. 45, No. 103, May 27, 1980. pp.
35323-35325.

Responsible agency:
Farm Labor Contractor REGISTRATION is obtained from
selected local offices of the
Florida Department of Labor and Employment Security
Division of Employment Security
Rural Manpower Service
214 N. Duval Street
Tallahassee, Florida 32302
Phone: 904/488-3131
The Florida Department of Labor and Employment Security
offices in the following locations will register labor contractors
under the Federal FLCRA law:
Apopka Ft. Pierce Leesburg
S Belle Glade Homestead Sebring
Brandon Immokalee Winter Haven
Other local offices of the Florida Department of Labor and
Employment Security will provide registration forms but will
not complete the registration process. Questions and problems
will be referred to the local office of the U.S. Department of
Labor, Wage and Hour Division (see below)

COMPLIANCE AND ENFORCEMENT is by the:
U.S. Department of Labor
Employment Standards Administration








Wage and Hour Division
1371 Peachtree Street, N.E.
Atlanta, GA 30309
For local offices see the telephone directory for:
U.S. Government
Labor, Department of
Wage and Hour Division

FARM LABOR CONTRACTOR (CREW LEADER)
REGISTRATION STATE
Who must comply:
A Farm Labor Contractor Registration certificate is required
by any individual who:
1) For a fee or other valuable consideration, recruits, trans-
ports into or within the state, supplies, or hires at any one time in
any calendar year 10 or more farmworkers to work for, or under
the direction, supervision, or control of, a third person, or
2) Recruits, transports into or within the state, supplies, or
hires at any one time in any calendar year 10 or more farm-
workers and who, for a fee or other valuable consideration,
directs, supervises, or controls all or any part of the work of such
workers.

Exclusions:
The Florida Farm Labor Contractor Registration Law does
not apply to 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 packing-
house or food processing plant.

Labor Contractors must:
1) Annually apply for and obtain a certificate of registration
from the Department of Labor and Employment Security.
2) Pay a fee of $25.00 at the time the certificate or renewal is
issued.
3) Carry his certificate of registration at all times and pro-
duce or display the certificate to all persons with whom he
plans to deal as a labor contractor.
4) Promptly pay monies due workers and semi-monthly or at
the time of payment, present each worker with a completed
Notice of Payment, which should include the employer's
name, his federal employment identification number and
itemizing in detail any deductions from the worker's
wages.
5) Prominently display in English, and Spanish if necessary,
at the workplace and in vehicles used to transport workers:
a) a copy of the application for certificate of registration
b) a statement indicating what rate of compensation he
receives from the grower and what rate he is paying the
workers.
6) Provide liability insurance coverage on all vehicles used to
transport workers in an amount at least equal to that pro-
vided by the financial responsibility laws of Florida.
7) Provide Worker's Compensation coverage for all workers.
8) Furnish the Division of Employment Security with a set of








his fingerprints.
9) Retain for two years a copy of each Notice of Payment and
other required payroll information. Applicant should be
prepared to provide copies of payroll receipts or check
stubs if requested by the registering agency.

Additional information:
Chapter 450, Part III, Florida Statutes

Responsible agency- enforcement and registration:
Florida Department of Labor and Employment Security
Division of Employment Security
Rural Manpower Service
Caldwell Building, 215 N. Duval Street
Tallahassee, Florida 32302
Phone: 904/488-3131
NOTE: Florida law provides for the repeal of this law when an
agreement is finalized between the Department of Commerce
(Department of Labor and Employment Security) and the Uni-
ted States Secretary of Labor which provides that the Depart-
ment of Labor and Employment Security shall have the author-
ity to administer registration, certification, compliance, and
enforcement of the Federal Farm Labor Contractor Registration
Act of 1963, as amended, including full funding under the Fed-
eral law for such activities.

ILLEGAL ALIENS STATE

Who must comply:
Any person is in violation of the act if he knowingly employs,
hires, recruits or refers an alien who is not duly authorized to
work in the United States. Enforcement is the same as any statu-
tory law and is the responsibility of the local State Attorney's
office.
Penalties for the first conviction are considered noncriminal
and subject to a fine of up to $500. The second conviction and each
subsequent conviction shall be considered a misdemeanor of the
second degree, with respect to each illegal alien, and subject to
fine and imprisonment.

Other information:
Chapter 448.09 Florida Statutes.

NOTE: See Section on Farm Labor Contractor (Crew Leader)
Registration Federal for federal law on hiring illegal aliens.

FIELD SANITATION AND
DRINKING WATER STATE


Who must comply:
Employers of agricultural field workers must comply if the
workers are employed for four or more hours in one location and
the place of employment is not within a temporary or permanent
structure.








his fingerprints.
9) Retain for two years a copy of each Notice of Payment and
other required payroll information. Applicant should be
prepared to provide copies of payroll receipts or check
stubs if requested by the registering agency.

Additional information:
Chapter 450, Part III, Florida Statutes

Responsible agency- enforcement and registration:
Florida Department of Labor and Employment Security
Division of Employment Security
Rural Manpower Service
Caldwell Building, 215 N. Duval Street
Tallahassee, Florida 32302
Phone: 904/488-3131
NOTE: Florida law provides for the repeal of this law when an
agreement is finalized between the Department of Commerce
(Department of Labor and Employment Security) and the Uni-
ted States Secretary of Labor which provides that the Depart-
ment of Labor and Employment Security shall have the author-
ity to administer registration, certification, compliance, and
enforcement of the Federal Farm Labor Contractor Registration
Act of 1963, as amended, including full funding under the Fed-
eral law for such activities.

ILLEGAL ALIENS STATE

Who must comply:
Any person is in violation of the act if he knowingly employs,
hires, recruits or refers an alien who is not duly authorized to
work in the United States. Enforcement is the same as any statu-
tory law and is the responsibility of the local State Attorney's
office.
Penalties for the first conviction are considered noncriminal
and subject to a fine of up to $500. The second conviction and each
subsequent conviction shall be considered a misdemeanor of the
second degree, with respect to each illegal alien, and subject to
fine and imprisonment.

Other information:
Chapter 448.09 Florida Statutes.

NOTE: See Section on Farm Labor Contractor (Crew Leader)
Registration Federal for federal law on hiring illegal aliens.

FIELD SANITATION AND
DRINKING WATER STATE


Who must comply:
Employers of agricultural field workers must comply if the
workers are employed for four or more hours in one location and
the place of employment is not within a temporary or permanent
structure.








Employer must:
Provide facilities including toilets, handwashing facilities and
potable drinking water as follows:
Where nine (9) or less workers are engaged in one location,
toilet and handwashing facilities need not be in close proximity to
the location where work is performed so long as such facilities are
made available to workers, e.g. transportation to such facilities is
available.
Where ten (10) or more workers are employed in one location
at one time, at least one (1) toilet and handwashing facility shall
be provided at the location for each forty (40) workers or fraction
thereof.
When it is not possible to comply with the above requirement
because of physical or terrain conditions, toilet and handwashing
facilities shall be located at the point of vehicular access closest to
the workers.
Toilet facilities shall be constructed and maintained in
accordance with Florida Administrative Code 10D-6 and 10D-9,
which provides in part:
a) They shall be portable, self-contained, and exclude flies from
the waste container.
b) Waste container shall be watertight and constructed of non-
absorbent, acid-resistant, non-corrosive, easily cleanable mater-
ial.
c) Floors and interior walls shall have a non-absorbent finish
and be easily cleanable.
d) Toilet tissue shall be provided and units for male use pro-
vided with urinals.
e) Waste containers shall be completely emptied, thoroughly
cleaned and disinfected at least twice weekly.
f) The inside of toilets shall be cleaned and disinfected each
time the waste container is emptied.
Sludge and/or contents from septic tanks, grease traps, tem-
porary privies or similar waste disposal appurtenances shall be
disposed of by treatment methods approved by the local Health
Department or by burial, incineration, or sanitary landfill when
approved by the local Health Department. Disposal into drain-
age ditches or surface waters is prohibited.
Each operator must annually obtain a dumping permit from
the local Health Department. The following evidence must be
provided to obtain a permit:
a) That equipment is adequate and in good repair. Equipment
shall be inspected and approved by the local Health Department.
b) Permanent address of the business and location of equipment.
c) Satisfactory and acceptable method and place for waste
disposal. If an employer contracts with a licensed septic tank
firm to service his units, the employer may not have to obtain
dumping permit. See your local Health Department.
d) Knowledge of applicable rules and regulations.
Handwashing facilities shall be convenient, supplied wil
potable water in appropriate container and provided with soap (
other cleanser and single use towels. Individual prepackt
towelettes moistened with a cleansing agent may be substitute(
for required handwashing facilities. A container shall be pro-
vided for used towels, and the waste from the handwashing facil-
ity shall not cause a sanitary nuisance.
Drinking water shall be potable and obtained from a source
which complies with the provisions of Chapter 17-22 Florida
Administrative Code. Water shall be provided in containers con-
structed of smooth, impervious, corrosion resistant material and
shall be marked with the words "Drinking Water" in English and








if necessary, the prevalent native language of the workers. Single
service cups shall be provided unless water is dispensed from a
fountain equipped with an angle jet outlet. Ice used for cooling
water shall be made from potable water and shall be handled in a
sanitary manner.

Related information:
Chapter 381.031 Florida Statutes
Chapter 10D-6.29, 10-D9.23(21), 10D-10.24 (4) Florida Admi-
nistrative Code
Florida Fruit and Vegetable Association, Labor Bulletin, No.
360, April 22, 1977
FloridAgriculture Magazine, Vol. 36, No. 9, September 1977.

Responsible Agency:
Environmental Health Program
Department of Health and Rehabilitative Services
1323 Winewood Blvd.
Tallahassee, FL 32301
Phone: 904/488-4070

Request for information concerning:
Permits, compliance, and other problems should be referred to
the local County Health Department.

NOTE: The U.S. Secretary of Labor is currently under court
order to set a timetable for the development of field sanitation
regulations for farmworkers under OSHA.

FARM LABOR CAMPS- TEMPORARY- FEDERAL
There are currently two laws which could apply to farm labor
camps. The older is the housing standards law administered by
the U.S. Department of Labor, Employment and Training
Administration (ETA) (20CFR part 654). The second federal law
dealing with temporary farm labor housing was passed in 1970
and is administered by the U.S. Department of Labor, Occupa-
tional Safety and Health Administration (OSHA) (29CFR part
1910.142).

Who must comply:
Employers who house one or more farm workers and use the
Florida Employment Service to obtain workers from outside the
local area must comply with either the ETA or OSHA standards
depending upon when the housing was constructed. Farm labor
housing built to the earlier, less restrictive ETA standards may
be operated under these standards until the housing undergoes
major modifications. Temporary farm labor housing constructed
after April 3, 1980 must comply with OSHA standards.
Employers who house one or more temporary farm workers
but do not use the Employment Service to obtain workers from
outside the local area must comply with OSHA (or ETA if it is
older housing) standards if the use of such housing is a "condition
of employment" or by practical necessity. Differences between
OSHA and growers develop when the grower does not use the
Employment Service and does not require the employees to live
in his housing as a "condition of employment." OSHA contends








that any grower who houses temporary farm workers is subject
to OSHA inspections and must comply with either OSHA or ETA
standards depending on when the housing was constructed.
Farm employers, on the other hand, contend that since the Occu-
pational Safety and Health Act is restricted to the "work place,"
they are not subject to OSHA inspections if they do not require
their employees to live in their housing as a "condition of
employment." This issue has not been resolved and consequently
farm employers may be subjected to inspection from both agen-
cies if they use the Florida Employment Service.

Inspections:
Agricultural employers using the interstate worker recruit-
ment service of the Florida Employment Service must have their
housing inspected and approved prior to the completion of the
application for workers. It is possible for an order to be condition-
ally processed without approval of the labor camp if the discre-
pancies are of a minor nature, the employer gives assurance that
the camp will be in compliance 45 days before expected occu-
pancy and the employer was in compliance the previous year. If
the camp is not in compliance by the deadline date, the order for
workers is removed from interstate clearance and cannot be
processed until the camp is in compliance.
OSHA inspections of temporary farm worker housing is on a
post-occupancy basis. There is no licensing procedure under
OSHA regulations. Inspections are generally made in response to
employee complaints, following a report of a fatality or injury
and on a random basis. Considerable litigation has resulted from
growers denying inspection officers access to their facilities
without a search warrant. The courts have generally held that
employers can deny access to the work place if the inspector does
not have a search warrant. In a parallel vein the courts have held
that the Secretary of Labor or his agent can obtain a search
warrant to inspect work places and in October 1980 regulations
were issued which authorize the Secretary of Labor to seek
search warrants without the knowledge of the employer.
Recently the three U.S. Department of Labor Agencies respon-
sible for housing standards enforcement agreed on a plan for
coordinating their inspections of migrant labor housing facili-
ties. Under the agreement ETA (Employment and Training
Administration) through state employment service agencies,
will continue to conduct pre-occupancy inspections of facilities on
farms which it supplies with workers. ESA (Employment
Standards Administration) will inspect facilities owned or oper-
ated by crew leaders which have not already been inspected by
ETA. OSHA (Occupational Safety and Health Administration)
will inspect those camps not covered by the other two agencies.
OSHA will continue to inspect camps on a post-occupancy basis
where injuries, deaths or complaints occur. The standards used
(ETA or OSHA) by any of these agencies will depend on when the
housing was constructed or whether it has been substantially
modified. The U.S. Employment Service has promulgated lengthy
rules to guide its personnel in determining what constitutes
major modification in determining when "old" housing becomes
"new" housing and comes under OSHA standards.

Employers must:
Meet minimum federal, state and local housing standard
ETA and OSHA standards specify requirements for:
1) Housing site.








2) Shelter and Housing.
3) Water Supply.
4) Toilet facilities.
5) Sewage disposal.
6) Laundry, handwashing and bathing facilities.
7) Electrical lighting.
8) Refuse and garbage disposal.
9) Cooking and eating facilities.
10) Screening, insect and rodent control.
11) Fire, safety and first aid facilities.
12) Reporting of communicable diseases.

Related information:
Part 620 Housing for Agricultural Workers, Federal Reg-
ister, October 31, 1968.
Part 620 Housing for Agricultural Workers, 3095. Fed-
eral Register, January 21, 1976.
General Industry, OSHA Safety and Health Standards (29
CFR 1910), OSHA 2206 (Rev. January 1976), U.S. Departmentof
Labor, Occupational Safety and Health Administration, pages
248-251.
Safety and Health Standards for Agriculture, U.S. Depart-
ment of Labor, Occupational and Safety Administration, 1971.

Responsible agency:
U.S. Department of Labor
Occupational Safety and Health Administration (OSHA)
Employment and Training Administration (ETA)
Employment Standards Administration (ESA).

Area and field offices:
For OSHA offices, see OSHA section.
Pre-occupancy inspections and compliance with ETA standards
is by:
Florida Department of Labor and Employment Security
Division of Employment Security
Rural Manpower Services
214 N. Duval Street
Tallahassee, FL 32302
Phone: 904/488-3131
Local offices can be found in the telephone directory under
Florida, State of
Labor and Employment Security, Division of
Florida State Employment Service

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) Apply for and be issued an annual license by the Florida
Department of Health and Rehabilitative Services through
the local County Health Department for each camp.
2) Comply with the Sanitary Code of Florida in such areas as:
a) Camp sites.
b) Shelters.
c) Water supply.
d) Insect and rodent control.
e) Heating.
f) Lighting.
g) Excreta and liquid waste disposal.
h) Plumbing.
i) Toilets.
j) Washrooms, bathrooms and laundrytubs.
k) Food service facilities.
1) Beds and bedding.
m) Fire protection.
n) Sanitary maintenance.
3) Post the Health Department license.
4) Provide or have available adequate medical or nursing
care.
5) Refrain from employing persons with communicable dis-
eases and report any communicable diseases in the camp to
the local health department.
Occupants must:
1) Use the sanitary and other facilities provided.
2) Comply with all applicable camp regulations.

Related information:
Florida Statutes 381
Florida Administrative Code 10D-25

Responsible agency:
Florida Department of Health and Rehabilitative Services
Health Program Office
1317 Winewood Blvd.
Tallahassee, FL 32301
904/488-4070

Requests for information concerning:
Permits, compliance, or other problems should be referred to
the local County Health Department.

MOTOR CARRIER SAFETY LAW FEDERAL
The Federal Motor Carrier Safety Regulations provide detailed
safety regulations for motor vehicles and drivers of motor vehi-
cles. There are two parts to the regulations which are relevant to
agriculture. The first deals with drivers of farm trucks and the
second deals with vehicles and drivers used in transporting
migrant farm workers.








Drivers of Farm Trucks
Exemptions:
In general, any person 18 years old or older who operates a
farm vehicle is exempt from certain provisions of the Federal
Motor Carrier Safety regulations if:
1. The gross weight of the farm vehicle is 10,000 pounds or less.
2. The gross weight of the farm vehicle is over 10,000 pounds
but the vehicle is operated within 150 miles of the farm.
3. The vehicle is transporting machinery or supplies to or from
a farm for custom harvesting or transporting custom harvest
crops from the farm to storage or market.
4. The vehicle is used by a beekeeper engaged in the seasonal
transportation of bees.
These exemptions generally apply to such things as:
1. Age
2. Listing of violations
3. Certificate of driver's road test
4. Written examination
5. Application for employment
6. Background inquiries
7. Medical examination
8. Maintenance of records

General Requirements:
Aside from these exemptions a driver of a farm vehicle must
meet the physical requirements and comply with all other provi-
sions of the Federal Motor Carrier Safety Regulations. For
example, a person cannot drive a farm vehicle if he/she has lost a
foot, a leg, a hand or an arm unless he/she has been granted a
waiver. A person cannot have any impairment of a hand or finger
which interferes with prehension or power grasping, or an arm,
foot or leg which interferes with the ability to perform normal
tasks associated with operating a motor vehicle. A driver of a
farm vehicle cannot have diabetes, cardiovascular disease, respi-
ratory dysfunction, high blood pressure, arthritis or rheumatism
or epilepsy likely to interfere with the ability to control or drive a
motor vehicle safely.
The driver of a farm vehicle must have visual acuity of at least
20/40 with corrective lenses and not be color blind. Hearing must
not be significantly diminished and the person cannot be addicted
to habit forming drugs or alcohol.

Related information:
Federal Motor Carrier Safety Regulations, C.F.R., Title 49,
Chapter III, Subchapter B, Part 390, 391, U.S. Department of
Transportation Federal Highway Administration, Bureau of
Motor Carrier Safety, October 31, 1979.

Transportation of Migrant Farm Workers
Regulations governing the transportation of migrant farm
workers apply to all vehicles except common carriers, passenger
automobiles and station wagons. These regulations are applica-
ble only in the case of transportation of any migrant farm worker
for a total distance of more than 75 miles and then only if such
transportation is across a state line. A migrant worker transport-
ing himself and his immediate family is not affected.








These regulations are not oriented directly to employers of
migrant farm workers. Rather, compliance is required of the
person or business responsible for the transportation of the
workers. This could include a crew chief who transports migrant
workers, or an owner of a truck who transports a group of
migrants. It does not apply to a farmer who will be the employer
of migrant farm workers after their arrival in the state, if the
employer is not responsible for transporting the workers. Simply
sending money to migrants to finance their travel to the place of
employment does not make an employer the transporter of the
migrants for purposes of these regulations.
The regulations contain provisions setting forth the qualifica-
tions of drivers or operators, the driving of motor vehicles, parts,
accessories necessary for safe operation, hours of service by driv-
ers, maximum driving time and inspection and maintenance of
motor vehicles.

Operator Qualifications:
The regulations on the qualifications of drivers provide that no
person shall drive any motor vehicle carrying migrant farm
workers unless he/she meets the following minimum qualifica-
tions:
1. Be 21 years of age or older.
2. Have no mental, nervous, organic or functional diseases
likely to interfere with safe driving.
3. Have no loss of foot, leg, hand, or arm.
4. Have no loss of fingers, impairment of the use of foot, leg,
hand or arm likely to interfere with safe driving.
5. Have visual acuity of at least 20/40 corrected.
6. Have hearing of not less than 10/20 in one ear.
7. Not be addicted to the use of narcotics or habit forming
drugs, or the excess use of alcoholic beverages or liquors.
8. Have a physical examination by a licensed doctor of medi-
cine or osteopathy at least every 36 months and carry a certificate
of physical examination at all times.
9. Read and speak English.
10. Possess a valid driving permit applicable to the type of
vehicle being driven.

Operator regulations:
Regulations governing the driving of motor vehicles carrying
migrant farm workers include:
1. Driving rules to be obeyed
2. Driving while ill or fatigued
3. Alcoholic beverages
4. Schedules to conform to speed limit
5. Equipment and emergency devices
6. Safe loading
a. Distribution and securing of load
b. Doors, tarpaulins, tailgates and other equipment
c. Interference with driver
d. Property on motor vehicle
e. Maximum passengers on motor vehicles
7. Rest and meal stops
8. Kinds of motor vehicles in which workers may be tran-
sported
9. Lighting devices and reflectors
10. Ignition of fuel precautions
11. Carrying reserve fuel
12. Driving by unauthorized persons
13. Unattended vehicle precautions
14. Railroad grade crossings








Vehicle specifications:
The regulations also specify certain parts and accessory require-
ments for vehicles used to transport migrant farm workers as
follows:
1. Lighting devices
2. Brakes
3. Coupling devices: fifth wheel mounting and locking
4. Tires
5. Passenger compartment
a. Floors
b. Sides
c. Nails, screws, splinters
d. Seats
e. Protection from weather
f. Exit
g. Gate and doors
h. Ladders and steps
i. Hand holds
j. Emergency exits
k. Communication with driver
6. Protection from cold, prohibited heaters:
a. Exhaust heaters
b. Unenclosed flame heaters
c. Heaters permitting fuel leakage
d. Heaters permitting air contamination
e. Heaters not securely fastened

Related information
Federal Motor Carrier Safety Regulations, C.F.R. Title 49,
Chapter III, Subchapter B, Part 398. U.S. Department of Trans-
portation, Federal Highway Administration, Bureau of Motor
Carrier Safety, October 31, 1979.

Responsible agency:
U.S. Department of Transportation
Federal Highway Administration
Office of Motor Carrier Safety
Suite 200
1720 Peachtree Rd., N.W.
Atlanta, GA 30309
Phone: 404/881-4049

Area offices:
Federal Building, Room 121
500 Zack Street
Tampa, FL 33602
Federal Building
P. O. Box 1523
Marianna, FL 32446
Phone: 904/526-2058
400 W. Bay Street
P. O. Box 35084
Jacksonville, FL 32202
Phone: 904/791-2498
Room 122, F.A.A. Building
Miami International Airport
P. O. Box 593294-AMS
Miami, FL 33159
Phone: 305/526-2921








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 agri-
cultural crops, by a motor vehicle other than an automobile or
station wagon. A migrant farmworker transporting himself and
his family is exempt from the provisions of this section.

Transporter must:
Comply with the provisions of Chapter 316.620 Florida Sta-
tutes which provides that-
1) Tires must:
a) Be adequate for the size and weight of the vehicle.
b) not be smooth or worn so as to expose fabric.
c) have a tread configuration in contact with the road.
d) not be regrooved, retreaded, or recapped on the front
wheels.
2) Passenger compartment must:
a) have a smooth floor without cracks or holes and without
protruding obstructions more than 2 inches high.
b) Sidewalls at least 60 inches high and openings in stake
body no more than 6 inches wide.
c) Floors and interior free of inwardly protruding nails,
screws, splinters or projecting objects.
d) Each passenger must have a seat which is securely fas-
tened to the vehicle. Seats shall be not less than 16 inches
nor more than 19 inches above the floor, at least 13 inches
deep and with back rests at least 36 inches above the
floor. Seats should be at least 24 inches apart or 18 inches
when face to face and cracks of no more than 1/4 inch on
the seat and 2 inches on the back. Surface must be
smooth and free of splinters.
e) When necessary passengers must be protected from
inclement weather by a top at least 80 inches high and
provisions for closing the sides and ends.
f) An opening for ingress or egress shall be provided on the
rear or the right side and shall be at least 18 inches wide,
at least 60 inches high and provided with a door or gate
with an operable latch.
g) Ladders or steps shall be provided with footholes no
more than 12 inches apart and the lowest foothole a step
no more than 18 inches from the ground.
h) Handholds shall be provided to permit ingress and
egress without hazard to passengers.
i) Vehicle with permanent roofs shall be equipped with an
emergency exit in addition to the exit described in f.
j) Means shall be provided to enable passengers to com-
municate with the driver.
3) Protection from cold:
Each vehicle shall be provided with a safe means of protecting
passengers from cold or undue exposure.
The following types of heaters are FORBIDDEN:
a) Exhaust heaters.
b) Unenclosed flame heaters.
c) Heaters permitting fuel leakage.
d) Heaters permitting air contamination.
e) Heaters not attached.








Related information:
Chapter 316.003 and 316.620 Florida Statutes
Labor Bulletin No. 339, Florida Fruit and Vegetable Asso-
ciation, October 31, 1974.

Responsible agency:
Florida Department of Highway Safety and Motor Vehicles
Neil Kirkman Building
Apalachee Parkway
Tallahassee, FL 32301
Local offices are listed in the phone book under:
Florida, State of
Highway Patrol

WORKERS' COMPENSATION STATE
Who must provide coverage:
All agricultural employers who employ six or more "regular"
employees, or employ 12 or more "seasonal" employees for more
than 30 days at one time, or 45 total days in a calendar year. The
small farm exemption for Workers' Compensation coverage is
limited to "Agricultural labor performed on a farm." Small
farmers should consider carefully whether all of their employees
perform only "agricultural" labor "on" the farm.

Employer must:
Purchase Workers' Compensation insurance from an insu-
rance carrier, qualify as a self-insurer, or join a group self-
insurers fund. The cost of insurance varies depending on employ-
ment activity and experience rating of each employer. The
Florida Department of Insurance must approve all Workers'
Compensation rates for each employment activity and job classi-
fication. The Workers' Compensation premium rate is paid by
the employer as a percentage or payroll. Employers should con-
sult their insurance carrier or self-insurers group for rates.
Post a notice of compliance in accordance with a form pres-
cribed by the Division of Workers' Compensation.
Report injuries on Notice of Injury Form (LES form BCL-1)
as follows:
1) If the injured worker is disabled more than seven days, the
accident must be reported to the Division of Workers' Compensa-
tion, your insurance carrier and the injured employee. If the
seventh day falls on a Saturday, Sunday, or holiday, mail the
report on the next following work day. The injury should be
reported immediately if it is obvious the injury is serious enough
to cause more than seven days of disability.
2) If the injured worker is disabled seven days or less, but
non-staff professional medical treatment(for which a bill will be
presented) is required, mail the "carrier" copy of Form BCL-1 to
your insurance carrier so the medical bill may be promptly paid.
Furnish the "employee" copy of Form BCL-1 to the injured
worker, making sure he is aware of his rights as outlined on the
back of the form. Do not report the accident to the Division of
Workers' Compensation, but retain the "Division" copy of Form
BCL-1 on file so that if the injured employee subsequently misses
more than seven days of work or files a claim it can be filed
immediately.








3) If the injured worker is disabled for seven days or less and no
non-staff professional medical treatment is provided, the injury
does not need to be reported.
4) If the minor injury covered in #3 eventually results in more
than seven days of disability or the injured worker files a claim,
you should immediately file the "Division" copy of Form BCL-1
with the Division of Workers' Compensation along with a cover
letter explaining the delay in filing.
5) If the injury results in death, the employer must give a
special notice by telephone or telegraph to the Bureau of Indus-
trial Safety and Health (904/488-3044) within twenty-four (24)
hours. This special notice is not required if the death occurs after
the accident has been reported to the Division of Workers' Com-
pensation as shown above.
Inform each injured worker of his rights and benefits under
the Workers' Compensation Law.
Upon request, furnish medical or earnings information to
employee or his attorney.
Refrain from coercing employees concerning the choice of
physician or filing for compensation benefits.

Employee responsibilities and benefits:
Report all injuries to the employer and the Division of
Workers' Compensation within 30 days of injury, signing the
Notice of Injury form (BCL-1) satisfies this requirement
Report any compensable wage loss to carrier, or employer if
self-insured, within 30 days of the end of claimed period.
File claims within 2 years of injury, last payment of compen-
sation, or date of last remedial treatment.
Pay his own attorney's fees, except when (a) employee wins
claim for medical benefits, (b) carrier has acted in "bad faith." or
(c) when employee wins a claim on the issue of coverage. The cost
of Workers' Compensation is paid by the employer. It is against
the law for the employer to charge his workers for this insurance.

Prior injuries:
Employers of workers who are injured and who have expe-
rienced a permanent physical impairment/condition due to a
previous accident on another job may collect from the Special
Disability Trust Fund (SDTF) for that part of the degree of
disability, permanent impairment or wage loss which is greater
than would have been the case without the preexisting condition.
Employers must be aware of the preexisting condition prior to
the accident to be eligible for reimbursement from the SDTF. In
order to comply with the provisions of the SDTF employers
should attempt to ascertain prior disabilities at the time of
employment.
Payments are made to injured employees to offset loss of
income and medical costs, including death and disability pay-
ments. Injured employees receive 66 2/3 percent of their average
weekly wage with a maximum which is equal to 100 percent of
the state average weekly wage. For injuries occurring in 1981
this limit was $228 per week. For injuries occurring in 1982, the
limit is $253 per week.
Once a permanently impaired worker reaches maximum med-
ical improvement and returns to work, he is entitled to "wage
loss" benefits if his post injury wages are less than 85 percent of
his average pre-injury wages.







Additional information:
Chapter 440 Florida Statutes.
The Division of Workers' Compensation has a toll-free
number that can be called from anywhere in Florida, dial
1-800-342-1741.
Workers'Compensation Questions and Answers for Employ-
ees, Florida Department of Labor and Employment Security,
Division of Workers' Compensation.
Florida's 1979 Workers' Compensation Law, Charles D.
Covey, Staff Paper No. 128, Food and Resource Economics
Department, IFAS, University of Florida, August 1979.
1981-1982 Employers' Handbook on the Florida Workers'
Compensation Law, Mary Ann Stiles, Associated Industries of
.Florida, P.O. Box 784 Tallahassee, FL 32302, $15.00.

Responsible agency:
Florida Department of Labor and Employment Security
Division of Workers' Compensation
1321 Executive Center Drive
Tallahassee, FL 32301
Phone: 904/488-2514 or 1-800-324-1741 (toll free)

District offices: (compliance-field services)
District #1
Suite 380, State Office Building
215 Market Street
Jacksonville, FL 32202
Phone: 904/359-6081
District #2
33 N.E. 2nd Ave.
Suite 201
Ft. Lauderdale, FL 33301
Phone: 305/561-4501
District#3
Hillsborough County Regional Center
1313 North Tampa Street, Room 915
Tampa, FL 33602
Phone: 813/272-2793
District #4
Orlando Regional Service Center
400 West Robinson Street, Room 601
Orlando, FL 32801
Phone: 305/423-6296
District #5
401 N.W. 2nd Avenue
Suite 390
Miami, FL 33128
Phone: 305/377-5385
Local offices can be found in the telephone directory under:
Florida, State of
Labor and Employment Security, Department of
Workers' Compensation, Division of
Compliance, Bureau of
or
Industrial Safety, Bureau of
or
Rehabilitation, Bureau of







INCOME TAX WITHHOLDING FOR
FARMWORKERS
Farm employers are not required to withhold federal income
taxes on the wages of farm workers. A farm employer can with-
hold federal income taxes on a farm worker if he/she requests the
employer to do so. The employer is not required to withhold
income taxes even when requested.

Application for Withholding:
An employee wanting income tax withheld may request his
employer in writing to withhold income tax. No particular form
is necessary for this request. The request must contain the name,
address, and Social Security number of the employee, and the
name and address of the employer. A form W-4 must be fur-
nished by the employee to the employer along with the written
request. The W-4 is a simple card to claim withholding exemp-
tions. If the farm employer accepts the written request and W-4
from the employee and commences withholding, this action indi-
cates voluntary agreement on his part. The voluntary withhold-
ing agreement may be terminated by either employee, or
employer by giving written notice 30 days prior to the desired
termination date.

Deposit of Withholding Tax:
It may be necessary for the employer to deposit withholding
taxes on a current basis. For example, when undeposited taxes
(from withholding and Social Security) accumulate to $500 or
more, a deposit must be made by the 15th day of the following
month (see Social Security section of this handbook for details).
Form 511, Federal Tax Deposit, is used to make such deposits
with a commercial bank authorized to receive federal tax depos-
its or with a Federal Reserve Bank.

Information Returns:
The farm employer who agrees to withhold federal income tax
on farm workers must prepare and give to an employee a Form
W-2, "Wages and Tax Statement," by January 31 for the preced-
ing year's taxes withheld. Copy A of Form W-2 and a completed
Form 943, "Employer's Annual Tax Return for Agricultural
Employees," must be sent to the Internal Revenue Service by
February 28th.

Employee Tax Obligations:
Farm employees should be aware that every citizen or resident
of the U.S., whether an adult or minor, who has $3,300 or more
income in 1980 must file a return. In the case of married couples
filing joint returns, the amount is $5,400. These figures increase
by $1,000 if the individual or spouse is over 65 years of age and by
$2,000 if both are over 65. The taxable income thresholds change
from year to year and the current amount should be obtained
from I.R.S.
A farm employee is required to file a declaration of estimated
tax using Form 1040-ES if he/she expects to have atax liability of
$100 or more and expects a gross income of $500 or more from
sources not subject to withholding. The tax may be paid in four
equal installments.








Recent tax protests have resulted in individuals claiming
umbers of dependents in order to avoid income tax
g. Recent rulings by I.R.S. require that anyone claim-
lore dependents must have the Form W-4 reviewed by
S'fice. If faced with this situation an employer should
h the local I.R.S. office.

information:
1980 Circular A, Agricultural Employer's Tax Guide, Publica-
,Internal Revenue Service.

ible agency:
U.S. Department of the Treasury
Internal Revenue Service
Local offices are found in the telephone directory under:
United States Government
Internal Revenue Service
For toll-free information dial 1-800-342-8300
To order tax forms call toll-free 1-800-241-3860

HUMAN RIGHTS-
DISCRIMINATION FEDERAL
It is increasingly important that agricultural employers be
re of state and federal laws dealing with all forms of
ation. Laws have become more stringent and enforce-
vities, both federal and state, have been stepped-up.
importantly, individuals, particularly minorities and
re more aware of their rights and the availability of
under federal and state discrimination laws. The
,f litigation in this area has increased dramatically in
ars. The number of discrimination complaints and lit-
igation tends to increase when collective bargaining organizing
e underway.
While the courts have interpreted the National Labor Rela-
to prohibit racial discrimination, agriculture is exclu-
ded from the provisions of this law. In general, however, human
rights in agriculture are dealt with in three basic federal laws
and apply to most, but not all farm employers.

Civil Rights Act of 1964:
Title VII of the Civil Rights Act of 1964, as amended, prohibits
discrimination on the basis of race, color, religion, sex and
national origin. Employers may never discriminate on the basis
of race or color. Employers may discriminate on the basis of
religion, sex, or national origin if it is a bona fide occupational
tion (BFOQ). Use of this aspectof the law by employers
is fraught with risks and should be used carefully. The employer
has the burden of proof to show that this kind of job requirement
is essential for the normal operation of the business. For example,
a job requiring heavy lifting may be difficult for many women.
But if some women can do it, it is not essential to make it ajob for
men only. Rather the job description should describe in detail
what must be lifted, and all applicants or promotion candidates
3 question about their ability to do the lifting.







The CivilRightsAct of1964 applies only to employers with
15 or more employees in at least 20 calendar weeks of the
current or preceding year. Under this law, when discrimina-
tion has been established, the courts are authorized to grant
broad judicial relief. Intent (to discriminate) can be inferred
from the totality of circumstances, i.e. employer may not have
:ended to discriminate but carelessness in personnel
and lack of understanding of the law may have resulted in actual
discrimination. Hence, lack of familiarity with the law may not
be an adequate defense.
In the hiring process care should be taken in the questions
asked on an employment application form and in the interview
Questions which have a "disparate" impact on minorities -
women may not be asked. For example, certain pre-er
questions are illegal, regardless of whether they are vi
a written application form. As a general rule, what i1 not
related is likely to be illegal. Examples are as follows:
1. "Are you a U.S. citizen?" (Better to ask: "Do yoi
legal right to work in this country?" Proof may be requ. .r -
hiring).
2. "What is your age?" (Better to ask: "If hired, ca;
proof of age or a work permit?")
3. "Do you have any physical disabilities?" (Better t ---
you have any physical condition that may limit your al
this job?" The hiring may be contingent on the passing of
physical examination paid for by the employer).
4. "Are you married?" "With whom do you live?" (Be
nothing. Minors may be asked parents' address).
5. "Have you ever been arrested?" (Better to ask: "Have you
ever been convicted of a crime, and what are the circum

Equal Pay Act of 1963:
The Equal Pay Act of 1963 which amends the Fair Labor
Standards Act of 1938 was enacted for the purpose of correcting
"Wage differentials based on sex." The act requires equal pay for
both sexes for jobs requiring substantially equal skill, effort, and
responsibility, and for jobs which have similar work ---
tions. The job or working condition comparisons usually only
apply to one establishment or plant, even if an employer has
similar, multiple plants or establishments. Violations
are cured by raising the wages of the lower paid employee to that
of the higher paid. Criminal penalties may be imposed for willful
and flagrant violations.
The Equal Pay Act of 1963 applies to farmworkers and
prohibits wage discrimination on the basis ofsex to employees'
who are subject to the minimum wage provisions of the act.
Exceptions are permitted when wages are based on: (a) a senior-
ity system, (b) a merit system, or (c) a system which measures
earnings by quantity or quality of production.

Related information:
Section 6 (d) Fair Labor Standards Act of 1938, as am,
U.S.C. 201, et seg.
Title 29 Code of Federal Regulations, Part 800.







Age Discrimination in Employment of 1967:

This act prohibits employers with 20 or more workers dur-
ing at least 20 calendar weeks of the current or preceding
year from discriminating against individuals aged 40 to 70 in
matters of hiring, discharging, wages and terms, conditions or
privileges of employment because of age.
The law prohibits any statement in advertisements which indi-
cate any preference, limitations, specifications, or discrimina-
te basis of age. For example, you are not permitted to use
such phrases as "age 25 to 35," "young," "boy" "girl," or others of
nature. Such phrases as "age 40 to 50," "age over 65,"
"retired," or "supplement your pension" are also prohibited since
they discriminate against others in the 40 to 70 year old group.
The phrase "state age" is not, in itself, a violation of the act.
However, since it is felt that such a phrase will tend to deter older
applicants, its use will be carefully scrutinized to assure that
such a request is for a lawful purpose. The same reasoning should
be followed when using similar phrases such as "give date of
on an employment application.
The act does not prohibit specification of a minimum age below
40 in advertisements, i.e. "must be 18 or over," However, Florida
Farm Employers should bear in mind that the Florida Human
Rights Act of 1977 prohibits age discrimination without age
limits (See next section).
There are permitted exceptions to the above rules but they
should be used with care. An exception is permitted where age is
a bona fide occupational qualification (BFOQ) and is reasonably
necessary to the normal operation of the particular business. This
exception is narrowly construed and the burden of proof in estab-
lishing that it applies is the responsibility of the employer.
The act provides that it shall not be unlawful for an employer to
take an action otherwise prohibited where the differentiation is
based on reasonable factors other than age. No precise definition
is made of these other factors and the burden of proof is on the
employer.
If the results of a test are used as the basis for differentiation
and cannot be related to job performance, it is unlawful. A vital
factor in employee testing as it relates to the 40-70 age group is
the"test-sophistication" or "test-wiseness" of the individual. Younger
persons, due to the increased use of tests in primary and secon-
dary schools in recent years, may have an advantage over older
applicants.
A differentiation based on the claim that it is more costly to
employ older persons is unlawful except for employee benefit
plans.

Enforcement
Enforcement of discrimination complaints is handled by the
Equal Employment Opportunity Commission (EEOC). As part
of the EEOC's enforcement apparatus certain state and local
agencies are designated as deferral agencies for discrimination
complaints filed with EEOC. These agencies are generally
known at "706 agencies." As a general rule discrimination com-
plaints must be filed with a deferral agency if one is available. In
Florida complaints are filed with the Commission on Human
Relations or one of the other designated "706 agencies."







Florida Designated 706 agencies (6/21/81)
Brevard County Human Relations Commission*
3521 West Broward Blvd.
Romark Building, Suite 311
Ft. Lauderdale, FL 33312
Phone: 305/584-9540
Clearwater Office of Community Relations*
P. O. Box 4748
10 South Missouri Ave.
Clearwater, FL 33518
Phone: 813/462-6884
Dade County Fair Housing and Employment Commission*
1515 N.W. 7th Street, Room 205
Miami, FL 33125
Phone: 305/547-7840
Florida Commission on Human Relations
2562 Executive Center Circle, East
Montgomery Bldg., Suite 100
Tallahassee, FL 32301
Phone: 904/488-7082
Jacksonville Equal Employment Opportunity Commission
Room 400, Duval County Courthouse
330 East Bay Street
Jacksonville, FL 32202
Phone: 904/633-2010
Orlando Human Relations Department
400 S. Orange Avenue, Room 103
Orlando, FL 32801
Phone: 305/849-2122
St. Petersburg Human Relations Division*
175 5th Street, North
P. O. Box 2842
St. Petersburg, FL 33731
Phone: 813/898-7151
*Written material on local ordinances available on request.

Related information:
Eliminating Discrimination in Employment: A Compelling
National Priority, The U.S. Equal Employment Opportunity
Commission, July 1979.
Laws Administered by EEOC, Equal Employment Opportun-
ity Commission, Washington, D.C., January 1981.

Responsible agency:
Equal Employment Opportunity Commission
Dupont Plaza Center, Suite 414
300 Biscayne Blvd. Way
Miami, FL 33131
Phone: 305/350-4491




HUMAN RIGHTS ACT OF 1977 STATE
ho must comply:
All employers of 15 or more workers for at least 20 weeks in the
current or preceding year.

Employer must:
" Refrain from any discriminatory practices based on race,
color, religion, sex, national origin, age, handicap or marital
Status, such as:
1) failure or refusal to hire
2) discrimination on compensation, terms, conditions or privi-
eges of employment
3) limiting, segregatingor classifying employees or applicants
for employment
4) discrimination in apprenticeship or training programs
5) printing, or causing to be printed or published, any notice of
employment which specifies a discriminatory preference or
limitation
6) discrimination against anyone who opposes discriminatory
practices of assists, testifies or participates in any discrimination
investigation
Post a notice, in a conspicuous place, setting forth the basic
provisions of the Human Rights Act of 1977 and indicating how
and where to file complaints.
Preserve all employment records once a complaint has been
filed against the employer.
SEmployees have 180 days from the date of a perceived discrim-
inatory act to file a complaint with the Commission on Human
Rights at its offices in Tallahassee.

Other information:
Part IX, Chapter 23, Florida Statutes (1979)
Chapters 9D-6, 7, 8, 9, Florida Administrative Code.

Responsible agency:
Florida Commission on Human Relations
2562 Executive Center Circle, East
Montgomery Bldg., Suite 100
Tallahassee, FL 32301
SPhone: 904/488-7082

ADVANCE EARNED INCOME CREDIT- FEDERAL
Who must comply:
, All employers including farmers must pay Advance Earned
Income Credit if the employee is eligible and requests payment.

Exemptions:
SEmployers who pay agricultural workers on a daily basis are
not required to pay advance earned income credit.




HUMAN RIGHTS ACT OF 1977 STATE
ho must comply:
All employers of 15 or more workers for at least 20 weeks in the
current or preceding year.

Employer must:
" Refrain from any discriminatory practices based on race,
color, religion, sex, national origin, age, handicap or marital
Status, such as:
1) failure or refusal to hire
2) discrimination on compensation, terms, conditions or privi-
eges of employment
3) limiting, segregatingor classifying employees or applicants
for employment
4) discrimination in apprenticeship or training programs
5) printing, or causing to be printed or published, any notice of
employment which specifies a discriminatory preference or
limitation
6) discrimination against anyone who opposes discriminatory
practices of assists, testifies or participates in any discrimination
investigation
Post a notice, in a conspicuous place, setting forth the basic
provisions of the Human Rights Act of 1977 and indicating how
and where to file complaints.
Preserve all employment records once a complaint has been
filed against the employer.
SEmployees have 180 days from the date of a perceived discrim-
inatory act to file a complaint with the Commission on Human
Rights at its offices in Tallahassee.

Other information:
Part IX, Chapter 23, Florida Statutes (1979)
Chapters 9D-6, 7, 8, 9, Florida Administrative Code.

Responsible agency:
Florida Commission on Human Relations
2562 Executive Center Circle, East
Montgomery Bldg., Suite 100
Tallahassee, FL 32301
SPhone: 904/488-7082

ADVANCE EARNED INCOME CREDIT- FEDERAL
Who must comply:
, All employers including farmers must pay Advance Earned
Income Credit if the employee is eligible and requests payment.

Exemptions:
SEmployers who pay agricultural workers on a daily basis are
not required to pay advance earned income credit.







Employer must:
Provide the Form W-5, Earned Income Cred
Payment Certificate, to the employee upon request(
the nearest IRS office or post office).
When a Form W-5 is filed,
a) Compute employee's gross pay (for agriculture
gross pay is interpreted to mean those wages subj
Security taxes).
b) Compute employee's Social Security and Withl
(Withholding tax not applicable to agricultural empl.
worker has voluntarily asked employer to withhold i
c) Refer to tables in IRS Circular E (Supplement),
payment Guide, and compute the Advance Earned I
Credit payment based on employee's gross pay for pay period.
d) Add the Advance Earned Income Credit to the w
for the pay period.
e) Retain all records of Advance Earned Income
ments for four (4) years. These records should include
ing information:
1. Copy of employee's Form W-5.
2. Amount and date of employee's earnings.
3. Dates of each employee's employment.
4. Dates and amount of tax deposits made.
5. Copies of returns filed.
File the appropriate forms with the Internal Re
vice, Form 941, Employer's Quarterly Tax Return, fo
packinghouses, canners, and processors, or Form 9,
Tax Return for Agricultural Employers, for farm employers.
File Form W-3, Transmittal of Income and Tax S
annually by February 28th, accompanied by aW-2 for
individual employee to the Social Security Administration i
Baltimore (see section on Social Security).
Employers are reimbursed by the Federal govern
Advanced Earned Income Credit payments as follows:
The employer deducts the amount of the Advan
Income Credit payment from his total liability for w
taxes (non-farm employers only) as he periodically re
to the Internal Revenue Service.
If the employer does not withhold federal income 1
as employers of farm workers), or if the taxes with,
sufficient to cover the amount of the Advance Earn I
Credit payments to his employees, the employer may
excess from the employee contribution to Social Security.
If there is still an excess of Advance Earned Incc
payments, the employer may deduct the excess from tl
er's contribution to Social Security.

Employee eligibility:
Employees are eligible to receive Advance Earn(
Credit payments if he or she:
Maintains a household which is his or her princip
residence and at least one of his or her children is a
dependent who is claimed as an exemption on his or
return.
Is unmarried and pays at least half the cost of ke .
sehold and claims an exemption for a child who live:
ier, or qualifies as an unmarried head of household
an unmarried child who cannot be taken as an exemption.
Has a combined earned income (including the
$10,000 or less during the year.







Files a Form W-5 with his or her employer. The employee is
sponsible for determining his or her eligibility when
'orm W-5.
An employee who files a Form W-5 and receives Advance
Income Credit payments must file an IRS Form 1040,
Income Tax Return, at the end of the year. If he or she is married,
e a joint tax return.

Additional information (obtainable from the respon-
sible agency see below):
Circular E (Supplement), Publication 15, Employer's Tax
Guide.

Other information:
Labor Bulletin No. 378, Florida Fruit and Vegetable Associa-
tion, June 14, 1979.
Federal Register, Vol. 46, No. 21, February 2, 1981, page
10148.

Responsible agency:
Department of the Treasury
Internal Revenue Service
Washington, D.C. 20224
Local offices can be found in the telephone directory under:
U.S. Government
Internal Revenue Service
For toll-free information dial 1-800-342-8300

TARGETED JOBS TAX CREDIT FEDERAL
The Revenue Act of 1978, as amended, provides a Targeted
Jobs Tax Credit for qualified wages paid or incurred by employ-
ers in the employment of targeted groups for 1981 and 1982.
Employers may utilize this tax credit if they employ individu-
als who are classified as being in one of the following targeted
groups:
1. Physically or mentally handicapped persons who are referred
to the employer from a state vocational rehabilitation or Vete-
rans Administration program.
2. Youth, at least 18 years old but not yet 25, who are members
of an economically disadvantaged family. The family's annual
income must be less than 70 percent of the Bureau of Labor
Statistics lower living standard (for a family of four, the range is
$8,780 to $11,000).
3. Vietnam-era veterans who are economically disadvantaged.
4. A convicted felon who is a member of a disadvantaged family
and is employed no more than five years after the most recent of
conviction or release from prison.
5. Individuals who receive Supplemental Security Income
(SSI) for any month ending in the pre-employment period.
6. Individuals who receive cash payments based on need from
state or local assistance programs for at least 30 days ending in
the pre-employment period.
7. Youth, who are at least 16 years old but not yet 19, from
disadvantaged families who have not graduated from high school
or vocational school and are participating in a qualified coopera-
tive educational program.






8. Individuals who were placed in employment unr
program, were eligible for aid to Families With
Children (AFDC) and in receipt of AFDC payment i
prior to hiring.
9. Involuntarily terminated CETA employees wl
minated after December 31, 1980 from public serve
ment under Title IID or VI of the Comprehensive E
and Training Act.

Certification:
Targeted group eligibility certifications are made
ida State Employment Service (FSES) or a school p;
in a qualified cooperative educational program. Jobs
apply directly to FSES or be referred by a prospective
If determined eligible voucher is issued by FSES. V
good for 45 days.
Once a worker is hired, the employer completes a s
voucher and returns it to FSES or the school. The
Tallahassee completes the certification process and I
employer with a final certification. The certification
vides the employer with all the evidence needed to cl
credit. Employers claim the tax credit by filing IRS
with their income tax return.

Tax credit:
The tax credit can be taken for the first two year:
employment. Employment must be prior toJanuary 1
eligible for the tax credit. The amount of credit is 5(
the first year wages and 25 percent of the second year
credit is allowed on the first $6,000 of wages for ea<
employee. The credit can be taken only on employment
a business or trade. Personal employment, i.e. maid
gardener, or household employees are not eligible
credit.
In figuring business expenses for computing income tax, i
deduction for wage expenses is reduced by the amour
credit.

Limitations:
The Targeted-Jobs Tax Credit cannot be taken on
paid to an employee for any period you are receive
funds for on-the-job training. However, the credit may I
claimed on certified employees after on-the-job training
completed.
WARNING Retroactive certification is no long
ted. The certification must be received or requested in
the employer before the potential employee actually be
The tax credit is limited to 90 percent of the :
federal income tax liability after certain other credits
deducted.
Any unused tax credit can be carried back three
forward for seven years.

!ditional information (obtainable from the
sible agency see below):
Circular E (Supplement) Publication No. 15, E
Tax Guide.
Publication 906, Targeted Jobs Tax Credit.







their information:
Labor Bulletin No. 400, November 2, 1981, Florida Fruit
nd Vegetable Association, P. 0. Box 20155, Orlando, FL 32814
The Economic Recovery Tax Act of 1981: Provisions of Sig-
nificance to Agriculture, USDA Staff Report AGES 810908,
september 1981.

responsible agency (TAX CREDIT):
U.S. Department of the Treasury
Internal Revenue Service
Washington, D.C. 20224
local offices are listed in the telephone directory under:
U.S. Government
Internal Revenue Service
For toll-free information dial
1-800-342-8300

Responsible agency (CERTIFICATION):
Florida Department of Labor and Employment Security
Division of Employment Security
Bureau of Employment Service
B13 Caldwell Bldg.
Tallahassee, FL 32301
For toll-free information on certification
dial 1-800-342-0827
Local offices are listed in the telephone directory under:
Florida, State of
Labor and Employment Security,
Division of
Employment Security, Division of
Florida State Employment Service.

RELATED LAWS AND REGULATIONS
Right-to work:
The Florida Constitution guarantees that"... the right to work
hall not be denied or abridged on account of membership or
nonmembership in any labor union or labor organization."'
Article 1, Section 6, Florida Constitution.
Part 1, Chapter 447, Florida Statutes.

Portal-to-portal act of 1947:
This federal act establishes uniform interpretation as to what
.constitutes compensable working time where travel time to
from work is involved or where certain preliminary or postlimi-
nary activity can be construed as work. In general, work starts at
the work site unless otherwise provided by contract, custom or
practice.











Florida landlord-tenant law:
The Florida Landlord-Tenant Law was amended in 1981
ide housing which is provided to employees as an
employment either with or without the payment of r
ling unit is furnished without rent as an incident
t and there is no agreement as to the duration of te
tion is determined by the periods for which wag(
able, i.e. weekly, monthly.
A tenancy without a specific duration may be tern
either party giving written notice as follows:

Tenancy Notice
Yearly at least 60 days prio
annual period
Quarterly at least 30 days prio
quarterly period
Monthly at least 15 days prio
monthly period
Weekly at least 7 days prior
weekly period
SChapter 83.43, 83.46, 83.47 Florida Statutes
















This public document was promulgated at a
cost of $3,732.60, or 23 cents per copy, to in-
form Florida farm employers and employees of
regulations that affect them. 2-16M-82




COOPERATIVE EXTENSION SERVICE, UNI-
VERSITY OF FLORIDA, INSTITUTE OF FOOD
AND AGRICULTURAL SCIENCES, K. R. |
Tefertiller, director, in cooperation with the
United States Department of Agriculture, publishes
this Information to further the purpose of the May -
8 and June 30, 1914 Acts of Congress;and Is authorized.
research, educational information and other services onl
duals and Institutions that function without regard to r .
sex or national origin. Single copies of Extension pL
(excluding 4-H and Youth publications) are available fre '
residents from County Extension Offices. Information o
or copies for out-of-state purchasers is available from C
Publications Distribution Center, IFAS Building 664, L
Florida, Galnesville, Florida 32611. Before publicizing
tlon, editors should contact this address to determine