• TABLE OF CONTENTS
HIDE
 Front Cover
 Acknowledgement
 Preface
 Table of Contents
 Main
 Back Cover














Title: Handbook of regulations affecting Florida farm employers and employees
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Permanent Link: http://ufdc.ufl.edu/UF00028032/00004
 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
Publication Date: 1992
Frequency: biennial
regular
 Subjects
Subject: Agricultural laborers -- Legal status, laws, etc -- Florida   ( lcsh )
Agricultural laborers -- Handbooks, manuals, etc -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
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Dates or Sequential Designation: 1976-
Numbering Peculiarities: Chronological designation starts with 1980 issue.
General Note: Title from cover.
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Bibliographic ID: UF00028032
Volume ID: VID00004
Source Institution: University of Florida
Holding Location: University of Florida
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Resource Identifier: ltuf - AEN4729
oclc - 15966129
alephbibnum - 000924123
electronic_aleph - 003320282
electronic_oclc - 60884186
lccn - sn 87035074

Table of Contents
    Front Cover
        Front Cover
    Acknowledgement
        Acknowledgement
    Preface
        Preface
    Table of Contents
        Table of Contents
    Main
        Page 1
        Page 2
        Page 3
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    Back Cover
        Back Cover
Full Text
/1
February 1992

c/oQ
/ ;23


Circular 1043


1992
Handbook of Regulations
Affecting Florida Farm
Employers and Employees

C.D. Covey


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







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 Walter Kates, Robert Emerson, Gary Fairchild
and Scottie Butler for their helpful and constructive review of the
manuscript.
For her patience and diligence in typing the drafts of this publica-
tion, the author is indebted to Sharon Bullivant.


The University of Florida, Institute of Food and Agricul-
tural Sciences is indebted to several state agricultural
associations for underwriting the printing costs of this
publication. Contributors were Florida Sugar Cane League,
Florida Citrus Mutual, Dairy Farmers, Inc., with major contribu-
tions from Florida Fruit and Vegetable Association and Florida
Farm Bureau Federation.






1992 Handbook of Regulations Affecting Florida
Farm Employers and Employees

C.D. Covey*
Increasingly agricultural employers are being brought into the
mainstream of the U.S. labor market. Hardly a legislative session goes
by without some of the differences between agricultural employment
and non-agricultural employment being reduced. Many benefits
accrue from this process, but at the same time it provides an added
cost to the production of food and fiber in the U.S., making it more
difficult to compete in world trade. For example, changes in this issue
of the Handbook include the implementation of the Americans with
Disabilities Act of 1990 (effective July 26, 1992), separation of the
taxable limit on Social Security and Medicare deductions, revision of
the Florida Child Labor laws, new licensing fees and required testing
for state Crew Leader registration, increased fees for licensing of
Migrant Labor Camps in Florida, implementation of a Drug-Free
Workplace Program under Workers Compensation and the loss of
liability "Exclusivity" under Workers Compensation for migrant and
seasonal farm workers injured on the job while being transported in a
vehicle covered by the Migrant and Seasonal Agricultural Worker
Protection Act (MSPA).
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
publication were enacted and promulgated for the benefit of farm
employees. For this reason, farm workers should be aware of the
basic provisions of these laws designated to protect their safety and
well being.
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 January 1, 1992 as they apply to farm field workers and not
to workers considered non-agricultural. This handbook is not intended
to provide answers to the more technical aspects of the laws summa-
rized 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 some instances farmers are subject to duplicate state and
federal laws such as Child Labor, Farm Labor Contractor (Crew
Leader) Registration, Farm Labor Camps, Field Sanitation, Right-To-
Know and perhaps others. Whenever the standards differ, the
employer should 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 JANUARY 1, 1992 IT DOES NOT CARRY
THE FORCE OR INTENT OF LAW AND THE AUTHOR
ASSUMES NO LIABILITY ARISING THEREUNDER.




*C.D. Covey, Professor Emeritus, Food and Resource Economics
Department, Florida Cooperative Extension Service, Institute of
Food and Agricultural Sciences, University of Florida, Gainesville.






Table of Contents

Page
Occupational Safety and Health Act (OSHA) Federal ....... 1
Social Security and Medicare Federa I...........................3
Fair Labor Standards Act (Minimum Wage) Federa I ........6
Child Labor Federal.....................................................9
Child Labor State.......................................... .............. 12
Unemployment Compensation State and Federal ..........14
Migrant and Seasonal Agricultural Worker Protection
Act Federal..................................................... ............ 17
Farm Labor Contractor (Crew Leader) Registration -
State .......................................................................... 27
Field Sanitation and Drinking Water Federal ................ 28
Field Sanitation and Drinking Water State..................... 30
Immigration Reform and Control Act Federal .................32
Farm Labor Camps Federal..................................... ..38
Migrant Labor Housing State ..........................................40
Motor Carrier Safety Law Federal .....................................42
Transportation Farm Workers State............................. 45
Workers' Compensation State ........................................47
OSHA Hazard Communication Standard Federa I...........51
Right-To-Know Law State ....................................... ...54
Income Tax Withholding for Farmworkers ......................56
Human Rights Discrimination Federal .........................58
Human Rights Act of 1977 State ..................................... 63
Advance Earned Income Credit Federal ........................64
Targeted Jobs Tax Credit Federal ..................................66
Employee Polygraph Protection Federal .......................68
Florida Landlord Tenant Law ..........................................68
Related Laws and Regulations .........................................69






Occupational Safety and Health Act (OSHA) -
Federal"

Who must comply:
All agricultural employers of one or more workers engaged in a
business that affects interstate commerce must comply with OSHA
regulations except:
1. Farm operators who employ only their own farm family
members.
2. Farm operations employing 10 or fewer employees during the
previous 12 months and do not maintain a migrant labor camp.

Employers of 11 or more workers must:
1. Inform employees of safety regulations and display OSHA
posters in a conspicuous place or places where notices to
employees are customarily posted.
2. Report within 48 hours any accident which is fatal to one or
more employees or which results in hospitalization of five or
more employees by telephone or in writing (telegram) to the
nearest OSHA Area office.
3. Maintain up-to-date (within 6 working days) records of all
occupational injuries and illnesses.
4. Post an annual summary on February 1 of the prior year's
occupational injuries and illnesses on OSHA form No. 200 in a
conspicuous place or places where notices to employees are
customarily posted. Such notice must remain posted for 30
days.
5. Retain all records of occupational injuries and illnesses for five
years following the end of the year to which they relate.
6. Insure the ready availability of medical persons for advice and
consultation on matters of work place health.
7. In the absence of an infirmary, clinic or hospital in near proximity
to the work place which is used for treatment of all injured
employees, a person or persons shall be adequately trained to
render first aid. OSHA has established "Guidelines for Basic
First Aid Training" which detail the training elements which
should be covered. First aid supplies approved by the consult-
ing physician shall be readily available.
8. Where the eyes or body of any person may be exposed to
injurious corrosive materials, suitable facilities for quick
drenching or flushing of the eyes and body shall be provided
within the work area for immediate emergency use.
9. Provide employment and a place of employment which are free
from recognized hazards that are causing or are likely to cause
death or serious harm to employees.
10. Comply with the specific standards which apply to agriculture:
Anhydrous ammonia (1910.111)
Temporary labor camps (1910.142)
Pulpwood logging (1910.266)
Slow-moving vehicle emblem, signs and tags (1910.145)
Roll-over protective structure (ROPS) (1928.51)
Safety for agricultural equipment, guarding of farm field
equipment, farmstead equipment, and cotton gins (1928.57)
Field Sanitation (1928.110)
Hazard Communication (Right to Know) (1910.1200)



"Prepared by William J. Becker, Extension Safety Specialat, Department of Agricultural
Engineering, IFAS, University of Florida, Gainesville.






Employee Requirements:
Each employee must comply with all safety and health regulations
which are applicable to his own actions and conduct. He must obey all
rules, regulations and safety procedures required by his employer to
comply with the law, including participation in safety training and
certifying that he has received such training. 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.

Inspections:
There are four categories of OSHA inspections. They are:
(a) Imminent Danger
(b) Fatality/Catastrophic Investigations
(c) Complaints/Referrals
(d) Programmed.
The first three categories are considered unprogrammed inspec-
tions conducted in response to specific evidence of hazardous
conditions at a workplace. Programmed inspections can be health
and/or safety inspections and are normally comprehensive in scope.
Ordinarily OSHA Compliance Safety and Health Officers (CSHO)
will be admitted to the workplace upon request. Should an employer
deny a CSHO admittance, a search warrant must be obtained by
OSHA to gain admittance.
Free on-site consultation services are available through the
Florida Department of Labor and Employment Security, Division
of Workers' Compensation. Contact your local Labor and
Employment Security office or the Division of Safety, 2002 Old
St. Augustine Rd., Bldg. E., Suite 45, Tallahassee, Florida
32399-0663. Recommended corrective action for identified
hazards must be accomplished by an agreed upon correction
due date, and when the correction method is verified, an
Exemption Certificate may be obtained which exempts the
business establishment from programmed OSHA enforcement
inspections for a period of one year. However, unprogramed
inspections may still be conducted as indicated above.

Additional information (obtainable from the responsible
agency see below)
OSHA 2019 (Revised) OSHA Publications and Audiovisual
Programs. This pamphlet lists all publications and programs
available from OSHA.
OSHA Part 128, Occupational Safety and Health Standards for
Agriculture. Both publications are avaialble from the OSHA
Area Offices.

Other Information:
For additional information contact your County Cooperative
Extension Service Office or the Extension Safety Specialist, Depart-
ment of Agricultural Engineering, IFAS, University of Florida,
Gainesville, FL 32611, Phone 904/392-2468. Safety programs,
publications and audio-visual materials are available.
For pesticide safety training material contact your County Coopera-
tive Extension Service office or the Pesticide Information office, Bldg.
847, University of Florida, Gainesville, FL. 32611, Telephone
904/392-4721.







Labor Bulletin No. 469, Florida Fruit & Vegetable Association,
Orlando, September 18, 1989.

Responsible agency (administration and supervision)
U.S. Department of Labor
Occupational Safety and Health Administration
200 Constitutional Avenue N.W.
Washington, D.C. 20210

Regional Office:
Suite 587
1375 Peachtree Street N.E.
Atlanta, GA 30367
Telephone 404/347-3573

Area Offices:
8040 Peters Rd.
Bldg. H-100
Ft. Lauderdale, FL 33324
Telephone 305/424-0242
3100 University Blvd. South
Suite 303
Jacksonville, FL 32216
Telephone 904/791-2895
Room 624
700 Twiggs Street
Tampa, FL 33602
Telephone 813/228-2821

Social Security and Medicare-Federal
Who Must Comply:
Farm employers must make Social Security and Medicare
deductions if they:
Pay an employee $150 or more in cash wages during a
calendar year, OR
Pay total wages of $2,500 or more per year to all employees.
Some types of family employment are not covered by Social
Security and Medicare. This exemption is not optional. Noncovered
family employment is any work performed by:
1. A child under 18 years of age in the employ of his/her father or
mother.
2. A parent in the employ of a son or daughter performing:
(a) domestic service in or about the 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 or a partnership,
unless the family relationship exists between the employee and all the
partners.
Special Agricultural Workers (SAWs Holders of 1-688A and 1-688
Cards) under the Immigration Reform and Control Act of 1986 are
considered permanent residents for the purpose of Social Security and
Medicare and employers must deduct and pay Social Security and







Medicare taxes on their wages. The same is not true for H-2A workers
who are "nonresident aliens admitted on a temporary basis to perform
agricultural services."

Employers Must:
Social Security Taxes:
Withhold 6.2 percent of the employee's cash wages (including
the initial $150) and add 6.2 percent as the employer's
contribution (during 1992 the tax is limited to the first $55,500 of
annual wages).
Medicare Taxes:
Withhold 1.45 percent of the employee's cash wages (including
the initial $150) and add 1.45 percent as the employer's
contribution (during 1992 the tax is limited to the first $130,000
of annual wages).
Employers having an undeposited liability of withheld income
taxes and Social Security-Medicare deductions and contribu-
tions must deposit such funds in a Federal Reserve Bank or
authorized commercial bank as indicated in the following
schedule. Deposits must be accompanied by Form 8109
Federal Tax Deposit Coupon.

Summary of Deposit Rules for Social Security and
Medicare Taxes and Withheld Income Tax


DEPOSIT RULE
1) If at the end of December
your total undeposited taxes
the year are less than
%00:
2) If at the end of any month
except December your
total undeposited taxes
are less than $500:
3) If at the end of any month
your total undeposited
taxes are $500 or more but
less than $3,000:





4) If at the end of any
eighth-monthly period (the
3rd, 7th, 11th, 15th, 19th,
22nd, 25th, and last day of
each month) your total
undeposited taxes are
$3,000 or more but less
than $100,000:
5) If at the end of any day
during an eighth-monthly
period your undeposited
taxes are $100,000 or more:


DEPOSIT DUE
No deposit is required.
You may pay the taxes to IRS for
with Form 941, or you may
deposit them by January 31.
No deposit is required. You may
carry the taxes over to the
following month.

Within 15 days after end of the
month. (No deposit is required if
(No deposit is required if you are
required to make a deposit for an
eighth-monthly period during the
month under Rule 4 below.
However, if this occurs in
December, deposit any balance
due by January 31.)
Within 3 banking days after end
of that eighth-monthly period.






By the end of the next banking
day.


*Provide each employee by January 31, with a Form W-2, Wage
and Tax Statement, showing the amount of earnings, income
tax withheld, and amount of Social Security and Medicare
deductions.






Give each employee from whom you withheld zero income tax
(other than those who claimed exemption from withholding on
Form W-4) a copy of Notice 797, You May Be Eligible for a
Refund on Your Federal Income Tax Return Because of the
Earned Income Credit (EIC), or copy C of Form W-2.
Attach copies of each employee's Form W-2 to Form W-3,
Transmittal of Income and Tax Statements, and send to the
Social Security Administration, Data Operations Center,
Albuquerque, N.M. 87180, by February 28th of each year.
Prepare and file Form 943, Employer's Annual Tax Return for
Agricultural Employers, with the Internal Revenue Service by
January 31st of each year (February 10 if tax was paid in full
and on time).
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).
NOTE: The farm operator may be held liable as joint employer if a
labor contractor fails to pay Social Security and Medicare taxes. If a
crew leader furnished you with farm workers, you must keep a record
of the name, permanent address, and employer identification number
of the crew leader. If the crew leader has no permanent mailing
address, record his or her present address.

Self Employed Farmers: (Self Employed Contributions
Act-SECA)
Self employed farmers who report a net income of $400 or more
from farming operations must contribute to Social Security and
Medicare. The contribution rate in 1992 is 12.4 percent of annual net
earnings up to $55,500 for Social Security and 2.9 percent of annual
net earnings up to $130,000 for Medicare. The taxable limits for both
Social Security and Medicare change each year based on an index of
average wage levels. If a farmer also earns wages which are subject
to Social Security and Medicare deductions, he/she will contribute on
his/her self employment income until the combined earnings reach the
Social Security limitation of $55,500 for 1992 and the Medicare
limitation of $130,000 for 1992.

Additional information:
Circular A, Agricultural Employer's Tax Guide, Publication 51,
Department of the Treasury, Internal Revenue Service. (Published
annually).
Farmer's Tax Guide, Publication 225, Department of the Treasury,
Internal Revenue Service. (Published annually).
The following factsheets are available from most local Social
Security offices:
No. 4 If You're Self-Employed
No. 5 Reporting Farm Income
No. 6 Crew Leaders and Farmers
No. 8 Agricultural Workers







Responsible agency:
Benefits:
U.S. Department of Health and Human Services
Social Security Administration
Local Social Security Offices are normally listed in the telephone
directory under:
U.S. Government
Health and Human Services
Social Security Administration
Toll Free 1-800-772-1213
Local Internal Revenue Service offices are normally listed in the
telephone directory under:
U.S. Government
Internal Revenue Service
For ordering tax forms Dial Toll-Free 1-800-829-3676
For tax information and assistance Dial Toll-Free 1-800-829-1040

Fair Labor Standards Act (Minimum Wage) Federal
Who must comply:
Any farmer who uses more than 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. Conversely, 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.
Employees are excluded from the minimum wage and overtime
requirements of the law as well as the 500 man-day test if such
employee is the parent, spouse, child, or other member of his/her
employer's immediate family.
The following employees are also exempt from the minimum wage
and overtime requirements of the law, but their man-days of work must
be counted toward the 500 man-day test.
1. Employees who are paid on a piece-rate basis, AND were
employed in agriculture as hand harvest laborers fewer than 13
weeks in the previous year, AND commute to work daily
(non-migrants).
2. An employee in agriculture whose employer did not, during any
calendar quarter of the preceding calendar year, use more than
500 man-days of agricultural labor.
3. Any agricultural employee sixteen years old or younger
employed as a:
Hand harvest laborer,
Paid on a piece-rate basis in an operation which is
customarily and generally recognized as paid for on a piece
rate basis in the region,
Employed on the same farm as his/her parent or person
standing in place of his/her parents, and
Is paid at the same piece rate as employees over sixteen
on the same farm.
4. Employees principally engaged in the range production of
livestock who must be available at all hours to care for such
livestock. (The judicial application of this exemption does not






turn on the characteristics of the land use for grazing, but on
conditions under which the employees perform their duties. The
exemption is applicable only if the method of operation is such
that the computation of hours worked caring for the stock would
be "extremely difficult.")

Employers must, if covered:
Pay at least the minimum wage to all employees except
teenagers 16 to 19 years old during their first 90 days in the
work force and those employees in a certified training or
educational program, UNLESS they are migrant or seasonal
farmworkers as defined in the Migrant and Seasonal Agricultural
Worker Protection Act (MSPA) and are employed in agriculture.
If the teenagers and trainees fit the MSPA definition of migrant
and seasonal farmworkers, agricultural employers are not
permitted to pay the "training wage" which is 85 percent of the
minimum wage, but not less than $3.35 per hour. The
subminimum "training wage" provisions expire in April 1993.
Under current law the minimum wage is $4.25 per hour.
Maintain payroll records for at least three years for each
employee, including family members of employees.
These records should include:
1. Full name of employee.
2. Complete home address.
3. Sex and occupation in which employed.
4. Identification of employees who are:
(a) Members of an employer's immediate family.
(b) Hand harvest workers paid on a piece rate.
(c) Employees principally engaged in range livestock
production.
5. The number of man-days worked each week or month (a man-
day is any day during which an employee does agricultural work
for one hour or more).
6. Beginning day and time of employee's work week.
7. Basis on which wages are paid, i.e., $4.25 per hour, $35.00 per
day or piece work.
8. Hours worked each-work-day and total hours worked each-
work-week
9. Total daily or weekly earnings, depending on the applicable pay
period.
10. Total additions to or deductions from wages with an explanation
of each.
11. 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.
SHave 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 perma
nent 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
employees can see it. This poster contains basic informa
tion on minimum wages.







Overtime:
Employees employed in "agriculture" as defined by the Fair Labor
Standards Act are exempt from overtime. In general, under the
primary definition of agriculture, if the employee is engaged in
cultivating the soil or growing or harvesting crops, or raising livestock,
bees, fur-bearing animals, or poultry, he/she is engaged in agriculture
and exempt from overtime. Under the secondary definition of
agriculture any practice performed, other than those listed under the
primary definition, such as office work, shipping, warehousing,
transporting, sales, etc., are exempt only if performed by employees of
the farmer with respect to products grown by their employer or if
performed on a farm as an incident to and in conjunction with products
grown on the particular farm on which they are working. Performance
in a week of any work which is not exempt under the primary or
secondary definition will cause the employee to be subject to overtime
for that week.
Because some employees of Florida agricultural employers handle
or otherwise work on products not grown by their employer, or do work
not within the definition of agriculture as outlined above, the employer
should seek professional legal counsel or advice from the local U.S.
Department of Labor, Wage and Hour office concerning specifics of the
overtime exemption.

Employers may:
Deduct the cost of certain items from the wages of farmworkers.
However, care should be exercised because the deduction of certain
items can not reduce wages below the minimum wage.
Deductions which may lawfully reduce the wage level below the
current minimum wage, are:
1. Taxes required by law-Social Security, Medicare and
withholding tax.
2. "Third Party" deductions authorized by the employee-union
dues, Savings Bonds, Merchant Accounts, Insurance Premi-
ums, Church and Charitable Organizations so long as the
employer receives no profit or benefit directly or indirectly.
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 lesser of
actual costs or fair rental value and meets a number of specified
conditions dealing with profit and rate of return on investment
(See 29 CFR Part 531). Housing facilities must be maintained
for the benefit of employees, occupancy must not be mandatory,
and costs cannot include depreciation when the facilities have
been fully depreciated. Recent rulings by DOL indicate that
some migrant housing may have "no fair rental value." If you
provide and charge farmworkers for housing which can only be
used by migrant workers and thus has "no fair rental value," this
rental charge cannot reduce their wages below the current
minimum wage of $4.25 per hour.
Deductions which may not lawfully reduce the wage level below the
current minimum wage, are:
1. Transportation advances. Where agricultural employers
provide daily transportation to assure a sufficient number of
workers, this policy applies. However, when the following three
factors are all present, agricultural employers may deduct from
workers' wages the lesser of reasonable costs or fair value of
such transportation regardless of whether such deductions will
decrease workers' wages below the minimum wage:
The workers must know the location of their worksite,







Alternative transportation sources (i.e., personal automobile
or carpool arrangements) must be readily available, and
The workers are not required to use the employer's
transportation.
2. Charges for contractors' (crew leader) services.
3. Charges for "Tools of the Trade and Other Materials Incidental
to Carrying on the Employer's Business."
Additional information (obtainable from the responsible agency-see
below)
Exemptions Applicable to Agriculture, Processing of Agricultural
Commodities, and Related Subjects, Under the FLSA of 1938,
as amended W H Pub. 1042, April 1974.
Interpretative Bulletin, Part 791: Joint Employment Relationship
Under the Fair Labor Standards Act, W H Pub. 1057, January
1977.
Wage Payments under the Fair Labor Standards Act of 1938, W
H Pub. 1210 Rev., May 1974.
Records To Be Kept by Employers Under the Fair Labor
Standards Act of 1938, as amended, W H Pub. 1261, Septem-
ber 1984.
Handy Reference Guide to the Fair Labor Standards Act, W H
Pub. 1282, October 1978.
Agricultural Employment Under the Fair Labor Standards Act, W
H Pub. 1288, August 1979.
Employment Relationships Under the Fair Labor Standards Act,
W H Pub. 1297, March 1979.
Hours Worked Under the Fair Labor Standards Act, W H Pub.
1344, March 1976.

Responsible agency:
Regional office:
U.S. Department of Labor
Wage and Hour Regional Office
1375 Peachtree St. N.E., Room 662
Atlanta, GA 30367
Area offices:
See Child Labor-Federal section.

Child Labor Federal

Coverage:
Minors age 16 and over in agriculture are not included under the
child labor provisions of the Fair Labor Standards Act (FLSA). Farm
employers who are not covered under other provisions of FLSA
(minimum wages, overtime) 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 minimum
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.

10 and 11 year olds:
Upon application, waivers may be issued by the Department of
Labor permitting 10 and 11 year old minors to work in hand harvested,
short season crops provided the employer does not use certain
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 occupa-
tions. 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, potato
digger, pea viner, feed grinder, crop dryer, forage blower, auger
conveyor, self unloading wagon or trailer, power post-hole
digger, power post driver, nonwalking type rotary tiller.
3. Operating or assisting to operate a trencher or earth moving
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 than 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 specified
chemicals, including those that bear the legend "Poison" or
"Warning" on the label.
10. Handling or using explosives.

Exemptions from hazardous occupations in agriculture:
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 vocational
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 progressive
work processes has been prepared. The written agreement
must contain the name of the student-learner, and be signed by
the employer and a school authority, each of whom must keep
copies of the agreement.







4-H Federal Extension Service Training Program. Minors 14
and 15 years old who hold certificates of completion of either
the tractor operation or machine operation 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 order. Farmers employing
minors who have completed this program must keep a copy of
the certificates of completion on file with the minor's records.
Enrollment in this program is open to minors who are not
members of 4-H as well as 4-H members. Information on this
program is available from an Extension Agent of the Coopera-
tive 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 order. 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
Program 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 proof of age. Certificates issued
under most State laws are acceptable.

Additional Information (obtainable from the responsible
agency see below)
Child Labor Requirements in Agriculture Under the Fair Labor
Standards Act, Child Labor Bulletin No. 102.
A Message to Young Workers About the Fair Labor Standards
Act, as Amended in 1974, WH Publication 1236, 1976.
Occupations in Agriculture particularly Hazardous for the
Employment of Children Below the Age of 16, WH Publication
1283, December 1972.
Young Farm Workers and the Fair Labor Standards Act, WH
Publication 1338, May 1971.







Responsible agency:
Regional office:
U.S. Department of Labor
Wage and Hour Regional Office
1375 Peachtree st., N.E., Room 662
Atlanta, GA 30367
Area offices:
1150 S.W. 1st Street, Room 202
Miami, FL. 33130
Federal Bldg., Room 407
299 E. Broward Blvd.
Ft. Lauderdale, FL 33301
Suite 121
3947 Boulevard Center Drive
Jacksonville, FL 32207
4905 W. Laurel St.
STE 300
Tampa, FL 33607

Child Labor State

Coverage:
With the exception of the exemptions discussed below, all minors
17 years old and younger come under the provisions of the Florida
Child Labor Law.
Minors 16 and 17 years old are permitted to work in most occupa-
tions except for certain vendors licensed under the Beverage Law and
in those occupations declared to be hazardous.
Except for certain farm work, motion picture studios, television
studios and theaters, newspaper delivery, and legislative pages, no
minor under 14 years old may be employed at any time.
No work permits are required of minors. However employers must
have on file a copy of proof of age for any employee under 18 years
old.
Minors working on their parent's farm must comply with all
provisions of the Florida Child Labor Law except for hours of work
restrictions.
The presence of any minor in any place of employment during
working hours is prima facie evidence of his/her employment there.
Minors who work more than four consecutive hours must be given
at least a 30 minute meal break.
If a minor is injured while employed in violation of any provisions of
the child labor laws of Florida, an employer may be subject to up to
double the compensation otherwise payable under Florida's Workers'
Compensation law.

Hazardous Occupations:
Minors 17 years old and younger may not work in these occupa-
tions declared to be hazardous:
In or around explosives.
Logging or sawmilling
In building construction.
In or around toxic substances, corrosives or pesticides.
Firefighting.
Slaughtering, meat packing, processing or rendering.
Electrical work.







Operating or assisting to operate tractors over 20 PTO
horsepower, forklifts, earthmoving equipment, any planting,
harvesting, or plowing machinery or any moving machinery.
On any scaffolding, roofs or ladders above 6 feet.
Wrecking, demolition or excavation.
Mining occupations.
Operation of power-driven bakery, metal-forming, woodworking,
paper products or hoisting machines.
Additionally, 14 and 15 years olds may not work in these occupa-
tions or use this equipment:
Power-driven machinery, except power mowers with blades 40
inches or less.
Oiling or cleaning machines.
Work in freezers or meat coolers.
Using meat or vegetable slicers.
Power driven laundry or dry cleaning machinery.
Door-to-door sales of products as employment.
Spray painting.
Alligator wrestling.
Any manufacturing.
In the operation of a motor vehicle, except that they may drive
farm tractors on their parent's farm under the close supervision
of their parents. Additionally, qualified 14 and 15 year olds may
drive tractors in the course of their farmwork under the close
supervision of the farm operator. "Qualified" means having
completed a training course in tractor operation sponsored by a
recognized agricultural or vocational agency, as evidenced by
duly executed certificate, such certificate to be filed with the
farm operator for the duration of the employment.

School hours and work hours:
Minors 16 and 17 years old may not work (hourly limits do not
apply if minor working for parents on parent's farm):
During school hours (unless a high school graduate, holds a
GED, or is enrolled in a high school work experience program).
More than 30 hours per week when school is in session. Does
not apply during holidays and summer vacations.
More than 6 days in one week.
More than 8 hours a day. Does not apply during holidays and
summer vacations.
Work must be between 6:30 AM and 11:00 PM when school is
scheduled the next day. Does not apply during holidays and
summer vacations.
Minors 14 and 15 years old may not work (hourly limits do not
apply if minor working for parents on parent's farm):
During school hours. School attendance is compulsory.
More than 3 hours per day when school is scheduled for the
next day.
More than 8 hours on a day not preceding a school day.
More than 15 hours per week when school is in session.
No more than 8 hours per day and no more than 40 hours per
week during holidays and summer vacations.
Work must be between 7:00 AM and 7:00 PM when school is
scheduled the next day. May work until 9:00 PM during holidays
and summer vacation.

Employers must:
Maintain proof of age documents for each minor employed. The
following documents will satisfy this requirement:







A photocopy of the minor's birth certificate.
A photocopy of the minor's driver's license.
An age certificate issued by the local school district.
A photocopy of a passport or visa which lists the minor's date of
birth.

Posting of Notices:
Any person who hires or employs minors shall post, at a conspicu-
ous place on the property or place of employment, where it can be
easily read, a poster notifying minors of the Child Labor Law. Poster to
be supplied by the Child Labor Section of the Florida Department of
Labor and Employment Security upon request.
Employers of minors are also reminded of the necessity to comply
with the Child Labor provisions of the Federal Fair Labor Standards
Act.

Additional Information (obtainable from the Responsible
Agency-see below)
The Child Labor Laws Poster

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

Responsible agency:
Florida Department of Labor and Employment Security
Child Labor Section
214 N. Duval Street
P.O. Box 1698
Tallahassee, Florida 32302-1698
Telephone 904/488-3131

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.
1. a payroll of at least $10,000 in any calendar quarter, OR
2. five (5) 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 following is a list of factors used by
the Florida Department of Labor and Employment Security, Unemploy-
ment Compensation Division to determine whether or not an individual
is an Independent Contractor (i.e., the employer);
The extent of control which the business may exercise over the
details of the work.
Is the worker in a distinct occupation or business?
Is this type of work usually done under the direction of the
employer or by a specialist without supervision?
The skill required.
Who supplies the place of work, tools, and materials?
The length of time employed.
The method of payment.








Do the parties believe it is an independent relationship?
Is the work a part of the regular business of the employer?
Is the principal in business?
The FARM OPERATOR is the employer under these
circumstances:
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 crew leader 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 circumstances:
1. The crew leader holds valid certification of registration under the
Migrant and Seasonal Agricultural Worker Protection Act of
1983 or
2. Substantially all crew members operate or maintain tractors,
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 person under common
law rules of master and servant.

Farm related exempt employment:
Farm work for an exempt employer (See who must comply).
Certain students working for credit on a program combining
academic instruction with work experience (work-study
program).
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.
Work performed by temporary H-2A workers.

Employers must:
1. Pay unemployment compensation tax on the first $7,000 of
annual payroll earnings for each employee. There are two parts
to the tax: federal and state.
(a) The effective FEDERAL tax is 0.8 percent of the first $7,000
of annual payroll of each employee. (The actual federal tax
is 6.2 percent less a credit of 5.4 percent if the employer
pays the state tax by January 31st of the following year.)
(b) The STATE tax will vary depending on the experience rating
of the individual farm employer and the timeliness of tax
payments. Farm employers without an experience rating will
pay 2.7 percent of the first $7,000 of annual payroll of each
employee for ten calendar quarters. At the end of the tenth
calendar quarter the rating process will be completed and
taxes paid in the eleventh quarter and subsequent quarters
will be based on the experience rating. Experience ratings
are recalculated annually thereafter. Annual rate notices
are mailed to all employers on or before March 15th of the
applicable year. The current maximum tax rate payable in
Florida is 5.4 percent. The minimum tax rate is .1 percent.
2. 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.
3. 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
separation which may be disqualifying (see list below). Other
employers will also be notified of the claim by the central office
on Form UCB-412. The employer has ten days to furnish the
central office with information about the separation which may
be disqualifying. 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.
4. Display, in a place where all employees can see it, the poster
"To Employees" (LES Form BUC-83 in English or LES Form
BUC-83S in Spanish).
5. 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, and
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 prior to the quarter in which a claim is
filed.
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 $225. The maximum
benefit amount can only be changed by an act of the Legislature.

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 Division of Unemployment
Compensation (see Responsible Agency).
A farm worker may not be eligible for benefits if it is found that he or
she:
Voluntarily quits their job without good cause attributable to their
employer.
Was discharged for misconduct connected with their work.
Fails to apply for or accept suitable work.
Is unemployed due to participation in a labor dispute.
Fails to disclose required information on a benefit claim. Willful
misrepresentation is also cause for fine and imprisonment.
Is receiving or is eligible to receive a retirement income from a
base period employer.







Is receiving or is seeking unemployment benefits under an
unemployment compensation law of another state or the United
States.
Is an illegal alien.
Was terminated from employment for violation of any criminal
law punishable by imprisonment.

Additional Information (obtainable from the responsible
agency see below)
LES UC Bulletin 1, Unemployment Insurance, for Workers
Under Florida Unemployment Compensation Law (Revised
4/88).
LES UC Bulletin 2, Florida Employer, Information on the Florida
Unemployment Compensation Law (Revised 8/90).
Division of Unemployment Compensation, Florida Unemploy-
ment Compensation, Employer Handbook (Revised 8/90).

Other Information:
Labor Bulletin No. 364, Florida Fruit and Vegetable Association,
October 1977.
Labor Bulletin No. 413, Florida Fruit and Vegetable Association,
March 1983.
Chapter 443, Florida Statutes

Responsible agency:
Florida Department of Labor and Employment Security
Division of Unemployment Compensation
Caldwell Building, Room 201
Tallahassee, FL 32399
Telephone 904/488-6093

Local offices are listed in the telephone directory under
the following heading:
Florida, State of
Labor and Employment Security, Department of
Unemployment Compensation, Division of

Migrant and Seasonal Agricultural Worker Protection
Act (MSPA) Federal
Agricultural Employers:
Agricultural employers and agricultural associations need not
register as farm labor contractors, but, unless they are otherwise
exempt, must comply with the provisions of the act if they recruit,
solicit, hire, employ, furnish, transport migrant and/or seasonal
agricultural workers, or house migrant agricultural workers.
An agricultural emolover is defined as any person who owns or
operates a farm, ranch, processing establishment, cannery, gin,
packing shed or nursery, or who produces or conditions seed, and who
either recruits, solicits, hires, employs, furnishes or transports any
migrant or seasonal agricultural worker.
A migrant agricultural worker is defined as an individual who is
employed in agricultural employment of a seasonal or other temporary
nature, and who is required to be absent overnight from his permanent
place of residence.







A seasonal agricultural worker is defined as an individual who is
employed in agricultural employment of a seasonal or other temporary
nature, and is not required to be absent overnight from his permanent
place of residence.

Exemptions from the Act
Several groups are exempt from the provisions of the MSPA.
Persons not subject to the provisions of the act include:
Family Business Any individual who engages in a farm labor
contracting activity on behalf of a farm or other agricultural
operation which is owned or operated exclusively by such
individual or an immediate family member.
Small Business The same rules apply to this exemption as
used in determining the minimum wage exemptions, i.e.,
currently the limit for exemption is 500 man-days of agricultural
labor used during any calendar quarter of the preceding
calendar year. [See Fair Labor Standards Act (Minimum Wage)
Federal]. The man-days of agricultural labor rendered in a joint
employment relationship are counted toward the man-days of
such labor of each employer for purposes of the man-day test.
Common Carrier Any common carrier which would be a farm
labor contractor solely because the carrier is transporting
migrant and seasonal agricultural workers.
Labor Organizations-Any labor organization as defined in the
Labor Management Relations Act or as defined by state law.
Non-Profit Charitable Organizations Any nonprofit charitable
organization or public or private nonprofit educational institution.
Local, Short-Term Contractors Any person who engages in
any farm labor contracting activities solely within a twenty-five
mile intrastate radius of such person's permanent place of
residence and not for more than thirteen weeks per year. This
exemption is void if the person uses the U.S. mail, telephone, or
advertising to recruit, solicit, hire or furnish workers from more
than twenty-five miles or across a state line. When the limit of
weeks is exceeded in a calendar year the person immediately
loses the exemption and is subject to the provisions of the act in
the next calendar year.
Employees of Exempt Employers-Any employee of an exempt
employer when performing farm labor contracting activities
exclusively for such person. This rule does not apply to anyone
utilizing a "family business" or "small business" exemption.
Other exemptions-Other exemptions include some custom
combine operations, custom poultry operations, seed production
operations, and shade grown tobacco.

Conditions of Employment:
At the time of recruitment of any migrant agricultural worker, a
farm labor contractor, agricultural employer or agricultural
association must disclose the following information in a
language understood by the workers. The use of Form WH 516
is optional.
1. Place of employment;
2. Wage rates (including piece rates) to be paid;
3. Crops and kinds of work;
4. Period of employment;
5. Transportation, housing and any other benefits provided
and their cost to the worker;
6. Workers compensation and unemployment insurance;
7. Whether a strike or work stoppage is in progress;







8. Any commission (kickback) arrangement between the
employer and any local merchant selling to employees.
At the place of employment of migrant and seasonal agricultural
workers, by a labor contractor, agricultural employer or
agricultural association, post in a conspicuous place a poster
(Form WH 1376) outlining the workers' rights and protections.
In joint employment situations each employer is equally
responsible for displaying this poster and for providing written
statements of employment conditions if requested by the
worker.
The employer of any migrant or seasonal agricultural worker
shall provide at the place of employment, uoon request of the
worker, a written statement of the conditions of employment
(Form WH 516).
Each farm labor contractor, agricultural employer and agricul-
tural association, which owns or operates housing facilities for
migrant farm workers, shall post the housing permit, and in
addition shall post in a conspicuous place in such housing, for
the entire period of occupancy, or provide a written statement to
the worker at the time of recruitment, information on the terms
and conditions of occupancy (for details of this statement, see
Housing Safety and Health).
At the time of recruitment of seasonal agricultural workers, farm
labor contractors, agricultural employers and agricultural
associations shall disclose in writing, upon request the
conditions of employment listed under migrant workers (WH
516).
At the time and place of recruitment of seasonal workers
through a day-haul operation in canning, packing, ginning, or
seed conditioning, farm labor contractors, agricultural employers
and agricultural associations shall disclose in writing the
conditions of employment listed under migrant workers (WH
516).
All required disclosures under the act shall be in English, or
Spanish, or another language common to the migrant and
seasonal agricultural worker. The Department of Labor will
make forms available in English, Spanish, Haitian Creole or
other languages as necessary.

Wages and Payroll:
Each labor contractor, agricultural employer and agricultural
association must:
1. Keep the following payroll records for migrant and seasonal
agricultural workers:
(a) Name
(b) Permanent address
(c) Social Security number
(d) Basis on which wages are paid
(e) Number of piecework units earned if paid on piecework
basis
(f) Number of hours worked
(g) Total pay period earnings
(h) Sums withheld and purpose of each withholding
(i) Net pay
2. Preserve payroll records for three years.
A labor contractor must furnish the person who contracts for his
services with a copy of all payroll records. The person who
receives such records must maintain them for three years.
Farm labor contractors, agricultural employers and agricultural
associations must provide each migrant and seasonal








agricultural worker with an itemized written statement of the
payroll information shown above at the time of payment. Pay
periods cannot be less often than every two weeks or semi-
monthly. The employee payroll statement (Form WH-501) must
also include:
1. Employer's name
2. Employer's address
3. Employer's IRS identification number
In a joint employment situation, both parties are equally
responsible for payroll records.
Wages owed migrant and seasonal agricultural workers must be
paid when due.

Motor Vehicle Safety
Each farm labor contractor, agricultural employer and agricul-
tural association which uses or causes to be used any vehicle to
transport migrant and seasonal agricultural workers must:
1. Ensure that such vehicle conforms to safety standards
prescribed by the Department of Labor or the Department of
Transportation (see Motor Carrier Safety Law Federal)
2. Ensure that each driver of any such vehicle has a currently
valid motor vehicle operator's permit or license as provided
by state law. (See Driver Qualifications under Motor Carrier
Safety Law Federal)
The term "cause to be used" does not include carpooling
arrangements made by the workers using one of their own
vehicles. Carpooling does not include transportation arrange-
ments made by a labor contractor or at the direction of an
agricultural employer, hence such arrangements are subject to
the provisions of the MSPA.
All transportation of migrant and seasonal agricultural workers
both on and off the road are covered, except for those activities
listed as exempt in this section.
If the vehicle is an automobile or station wagon used or caused
to be used by any farm labor contractor, agricultural employer or
agricultural association to transport migrant and seasonal
agricultural workers, it must meet the Department of Labor
safety standards. In addition, all other vehicles used for
transportation of 75 miles or less (excluding day-haul operation)
must meet the following Department of Labor standards:
1. External Lights: Head lights, tail lights, stop lights, back-up
lights, turn signals and hazard warning lights shall be
operable.
2. Brakes: Every vehicle shall be equipped with operable
brakes for stopping and holding on an incline. Brake
systems shall be free of leaks.
3. =fis: Tires shall have at least 2/32 inch tread depth and
have no cracks/defects in the sidewall.
4. Steering: The steering wheel and associated mechanism
shall be maintained so as to safely and accurately turn the
vehicle.
5. LHon: Vehicles shall have an operable air or electric horn.
6. Mirrors: Mirrors shall provide the driver full vision of the
sides and rear of the vehicle.
7. Windshields/Windshield Wipers: All windshields and
windows shall have no cracks which obscure vision and no
opaque obstructions. Vehicles shall be equipped with
windshield wipers that are operational to allow the operator
full frontal vision in all weather conditions.







8. Fuel System: Fuel lines and the fuel tank shall be free of
leaks and be fitted with a cap to securely cover the filling
opening.
9. Exhaust System: An exhaust system will be provided and
maintained to discharge carbon monoxide away from the
passenger compartment and be free of leaks beneath the
passenger compartment.
10. Ventilation: Windows will be operational to allow fresh air to
the occupants of the vehicle.
11. Safe Loading: Vehicles will not be driven when loaded
beyond the manufacturer's gross vehicle weight rating.
12. Seat: A seat will be provided for each occupant or rider in,
or on, any vehicle, except that transportation which is
primarily on private farm roads will be excused from this
requirement provided the distance traveled does not exceed
ten (10) miles, and so long as the trip begins and ends on
the farm of the employer.
13. Handles and Latches: Door handles and latches shall be
provided and maintained to allow exiting capability for
vehicle occupants.
Any vehicle, other than a passenger automobile or station
wagon used in a day-haul operation or used for trips of more
than 75 miles will be subject to safety standards prescribed by
the Department of Transportation (see Motor Carrier Safety
Law-Federal).
Passenger automobiles, station wagons and other vehicles
used to transport migrant and seasonal agricultural workers for
distance of less than 75 miles and not involved in a day-haul
operation will be subject to the Department of Labor standards
shown above.
A pick-up truck, when transporting passengers only in the cab,
shall be treated as a station wagon.

Exclusions Vehicle Safety Standards:
Vehicle safety standards and insurance requirements do not
apply to the transportation of migrant and seasonal agricultural
workers on a tractor, combine, harvester, picker or similar
vehicle while engaged in on-farm agricultural work.
Vehicle safety standards and insurance requirements do not
apply to an individual migrant or seasonal agricultural workers
when the only other occupants of that individual's vehicle
consists of his immediate family.
Vehicle safety standards and insurance requirements do not
apply to carpooling arrangements made by the workers
themselves, using one of the workers' own vehicles and not
directed by the employer.

Vehicle Insurance:
A farm labor contractor, agricultural employer or agricultural
association shall not transport any migrant or seasonal
agricultural worker in any vehicle owned, operated, controlled or
cause to be operated unless he has an insurance policy or
liability bond in effect against liability for damage to persons or
property. Vehicle insurance requirements do not apply to
vehicles used in a carpooling arrangement made by the workers
using one of the worker's own vehicles and not involving the
employer or done at his direction.
Except in those instances where a liability bond is in effect or
where workers compensation insurance is applicable, a farm
labor contractor, agricultural employer or agricultural association






is required to have vehicle liability insurance in at least the
amounts shown below:

Insurance Required for Passenger Equipment
15 or less More than 15
passengers passengers

Limit for bodily injuries to or death
of one (1) person $100,000 $100,000
Limit for bodily injuries to or death
of all persons injured or killed in any
one (1) accident (subject to a
maximum of $100,000 for bodily
injuries to or death of one (1)
person $1,500,000* $5,000,000'
Limit for loss or damage in any one
accident to property of others
(excluding cargo). 50,000 50,000
*Effective February 1, 1992.

In those instances where the employer of migrant or seasonal
agricultural workers is satisfying the insurance requirements by
covering his workers with state workers compensation insur-
ance, the MSPA regulations also require that he provide
insurance of at least $50,000 for loss or damage to property of
others.
Agricultural employers and agricultural associations are required
to provide evidence of liability insurance coverage only upon
request by the Department of Labor. Farm labor contractors,
however, must provide evidence of insurance when applying for
authorization to transport migrant or seasonal agricultural
workers and the policy must include a clause which provides for
cancellation only after 30 days notice to the Department of
Labor, Wage and Hour Division.
Persons who will be transporting migrant and seasonal
agricultural workers may provide financial responsibility in lieu
of insurance by providing a liability bond of at least $500,000 for
damages to persons and property.

Housing Safety and Health
Housing requirements apply only to migrant agricultural
workers.
Each person who owns or controls a facility or real property
which is used as housing for any migrant agricultural worker
must ensure that the facility or real property complies with all
substantive Federal and State safety and health standards
applicable to such housing. The joint employment (responsibil-
ity) concept applies when more than one person is involved in
providing housing for migrant agricultural workers.
Substantive Federal Standards are the Employment and
Training administration (ETA) at 20 CFR, 654.404, and
Occupational Safety and Health Administration (OSHA) at 29
CFR, 1910.142 (see Farm Labor Camps Temporary Federal).
Substantive Florida standards are at Chapter 381 Public Health,
Florida Statutes and Florida Administrative Code 10D-25 (see
Farm Labor Camps Seasonal Labor State).
Housing must be certified by state or local health authorities or
other appropriate agency that the housing meets applicable






safety and health standards. A copy of the certificate of
occupancy must be posted at the housing site and the certifica-
tion must be retained for three years.
Each farm labor contractor, agricultural employer and agricul-
tural association which provides housing for any migrant
agricultural worker must post in a conspicuous place at the
housing site, for the entire period of occupancy, or present a
written statement to the worker at the time of recruitment, the
following information on the terms and conditions of occupancy
(WH-521):
1. Name and address of the employers) providing the housing
2. Name and address of person in charge of the housing
3. Mailing address and phone number where housing
occupants can be reached
4. Who may live in the housing
5. The charge-(rent) to be made for the housing
6. Meals to be provided and the cost to workers
7. Charges for utilities
8. Any other charges or conditions of occupancy
Exemptions Housing Standards: MSPA housing standards do
not apply to any person who, in the ordinary course of business,
regularly provides housing to the general public and who
provides housing to any migrant agricultural worker on the same
or comparable terms and conditions.

Registration of Farm Labor Contractors
*A farm labor contractor is defined as any person other than an
agricultural employer, an agricultural association, or an
employee of an agricultural employer or agricultural association,
who for any money or other valuable considerations paid or
promised to be paid performs any farm labor contracting
activities (recruiting, soliciting, hiring, employing, furnishing or
transporting any migrant or seasonal agricultural worker).

Who must register:
Any person who desires to engage in any farm labor contracting
activities, and is not exempt, is required first to obtain a
Certificate of Registration authorizing each such activity and
specifically including transporting and housing agricultural
workers.
Any employee of a currently registered farm labor contractor
who performs farm labor contractor activities on behalf of such
contractor must obtain a Farm Labor Contractor Employee
Certificate of Registration authorizing each such activity and
specifically including transporting and housing agricultural
workers.

Hiring Farm Labor Contractors:
In utilizing the services of a registered Farm Labor contractor,
agricultural producers should verify the following prior to engaging
such labor contractor:
1. That the labor contractor holds a valid certificate of registration
as a farm labor contractor at the time he/she is engaged. A
copy of an application is not sufficient.
2. That the labor contractor holds a valid certification to perform
the services for which he is engaged, i.e., transporting, housing,
etc.







3. That each vehicle to be used to transport workers is certified
and that the insurance on such vehicle is current.
4. That each driver of a properly certified vehicle used to transport
farm workers is properly registered as a farm labor contractor
employee authorized to transport farm workers, possess a
Commercial Driver's License with a passenger transport
endorsement, and have a satisfactory doctors certificate (Form
415) which is less than 3 years old.
NOTE: A labor contractor must also be certified under the Florida
Farm Labor Contractor Registration Law. Growers should make
certain a labor contractor has both before hiring.

Farm Labor Contractors Must:
Apply for and receive a Certificate of Registration annually from
the Department of Labor. Applications can be made in any Job
Service of Florida office or any office of the Wage and Hour
Division, U.S. Department of Labor.
The application must include:
1. A sworn declaration stating the:
(a) Applicant's permanent place of residence
(b) Activities for which certification is sought
(c) Mailing address for official documents
2. A statement:
(a) Identifying each vehicle to be used to transport
migrant and seasonal agricultural workers
(b) Indicating whether the vehicle is owned or controlled by
the applicant
(c) Providing documentation that the applicant is in
compliance with the motor vehicle safety requirements
for each vehicle.
(d) Providing documentation that each vehicle is in
compliance with the insurance requirements.
(e) Evidence that drivers of vehicles have a satisfactory
doctor's certificate (Form 415) which is less than three
years old and possess a valid and appropriate
operators license as provided by state law.
3. A statement:
(a) Identifying each facility or real property to be used to
house migrant workers.
(b) Indicating whether the facility or real property is or will
be owned or controlled by the applicant.
(c) Providing documentation that the housing is in
compliance with the housing safety and health
regulations.
4. A set of fingerprints of the applicant.
5. A swom declaration consenting to a court designation of the
Secretary of Labor, if applicant is not present, to accept
summonses in any action against the applicant.

Duration of Certificate
Registration dates coincide with the birth date of the farm labor
contractor.
Certificates issued to employees of farm labor contractors shall
expire on the same date that the farm labor contractor's
certificate expires.
A certificate may be temporarily extended by filing an applica-
tion at least thirty days prior to its expiration. Under these
circumstances the farm labor contractor can continue to operate







until the renewal application has been determined by the
Department of Labor.
Certificates may be issued or renewed for periods generally
from twelve to twenty-four months.
Only those farm labor contractors and their employees who
have not been cited during the last five years under either
FLCRA or MSPA are eligible for an extended renewal certifi-
cate.

Suspension, Revocation and Refusal to Issue or Renew
The Department of Labor may suspend, revoke, refuse to issue or
renew a Certificate of Registration for a farm labor contractor or farm
labor contractor employee if the applicant or holder:
Knowingly made any misrepresentations on the application.
It is not the real party in interest and the real party has been
refused insurance or renewal or has had a certificate suspended
or revoked.
Failed to comply with the law or regulations.
Failed to pay any court judgements.
Failed to comply with any final order issued by the Department
of Labor.
Has been convicted within the last five years of:
1. Any crime relating to gambling, alcoholic beverages or in
connection with farm labor contracting activities.
2. Any felony involving robbery, bribery, extortion, embezzle
ment, grand larceny, burglary, arson, narcotics, murder,
rape, assault with intent to kill, assault which inflicts
grievous bodily injury, prostitution, peonage, or smuggling
or harboring illegal aliens.

Joint Employment
The joint employment concept contained in the Fair Labor
Standards Act is embodied in the MSPA, and as such the grower is
jointly responsible for the actions of the labor contractor. The term joint
employment means a condition in which a single individual stands in
the relation of an employee to two or more persons at the same time.
The factors considered significant by the courts in determining joint
employment and to be used to determine joint employment under the
provisions of the MSPA include, but are not limited to the following:
The nature and degree of control of the workers.
The degree of supervision, direct or indirect, of the work.
The power to determine the pay rates or the methods of
payment of the workers.
The rights, directly or indirectly, to hire, fire, or modify the
employment conditions of the workers.
Preparation of payroll and the payment of wages.

Discrimination
It is a violation of the act for any person to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any manner discriminate
against any migrant or seasonal agricultural worker because such
worker has, with just cause:
Filed a complaint with the Department of Labor.
Instituted or cause to be instituted any proceeding under the act.
Testified or about to testify in any proceedings.
Exercised or asserted on behalf of himself or others any rights
or protection under the act.







Migrant and seasonal agricultural workers who believe they have
been discriminated against may, no later than 180 days after such
violation occurs, file a complaint with the Department of Labor.

Additional Information
Migrant and Seasonal Agricultural Worker Protection Act (Public
Law 97-470) 29 U.S.C. 1801.
Regulations, Part 500: Migrant and Seasonal Agricultural
Worker Protection, WH Publication 1455 (Revised 12/84), U.S.
Department of Labor, Wage and Hour Division.
Labor Bulletin No. 416, Florida Fruit and Vegetable Association.
Orlando, Florida. May 15,1983.
Labor Bulletin No. 419, Florida Fruit and Vegetable Association,
Orlando, Florida. August 23,1983.

Responsible Agency:
Florida Labor Contractor REGISTRATION is obtained from the
local offices of the
Florida Department of Labor and Employment Security
Division of Labor, Employment and Training
Bureau of Agricultural Programs
214 N. Duval Street
Tallahassee, Florida 32399
Phone 904/488-3131

For local offices, see the telephone directory for
Florida, State of
Labor and Employment Security, Department of
Employment Security, Division
Job Service of Florida

Farm Labor Contractor COMPLIANCE and ENFORCEMENT
is by the
U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
1375 Peachtree Street, N.E., Room 662
Atlanta, GA 30367

For local offices, see the telephone directory for
U.S. Government
Labor, Department of
Wage and Hour Division

Farm Labor Specialists are Located at the Following
Offices:
80 N. Hughey
Suite 128
Orlando, FL 32801
Telephone 305/648-6471
4905 W. Laurel St.
Ste. 300
Tampa, FL 33607
Telephone 813/228-2154






381 N. Krome Avenue
Room 205A
Homestead, FL 33030
Telephone 305/247-3380
299 E. Broward Blvd.
Ste. 407
Ft. Lauderdale, FL 33301
401 S.E. 1st Avenue
Room 314
Gainesville, FL 32601
Telephone 904/376-0271

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, transports
into or within the state, supplies, or hires at any one time in any
calendar year one or more farm workers 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 one 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, or an immediate family member of such person,
who is the owner or lessee of a farm or who is the owner or
lessee of a packinghouse or food processing plant and who
employs workers in planting, cultivating, harvesting, or preparing
agricultural products for delivery to such packinghouse or food
processing plant.
any person who transports workers solely by means of a
carpool.

Labor Contractors must:
1. Annually apply for and obtain a certificate of registration from
the Department of Labor and Employment Security. Renewals
will be in the birth month of the crew leader or on the date of
incorporation if the applicant is a corporation.
2. Pay a nonrefundable fee ($75.00) for filing an application for a
Certificate of Registration.
3. Effective July 1, 1992, applicants for a Certificate of Registration
must take a written or oral examination, in the language of the
applicant, which demonstrates his/her knowledge of the duties
and responsibilities of a farm labor contractor. A $35 fee will
include the test and educational materials. This will be a one
time test, except that the Division may require an applicant for
renewal of the Certificate of Registration to retake the test if:







(a) during the prior certification period the Division issued a
final order assessing a civil money penalty or revoked or
refused to renew or issue a Certificate of Registration; Lo
(b) the Division determines that new changes in the duties and
responsibilities of farm labor contractors necessitates a new
test. In this situation all applicants for renewal would be
required to be retested.
4. Carry his certificate of registration at all times and produce or
display the certificate to all persons with whom he plans to deal
as a farm labor contractor.
5. 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 amount of and rate of
compensation, the number of hours worked, the employer's
name, his federal employment identification number and
itemizing in detail any deductions from the worker's wages.
6. Prominently display in English, and Spanish if necessary, at the
workplace and in vehicles used to transport workers:
(a) a copy of his application for certificate of registration (LES
Form ESF 3100).
(b) a statement indicating the rate of compensation he receives
from the grower and what rate he is paying the workers
(LES Form ESF 3101).
7. Provide liability insurance coverage on all vehicles used to
transport workers in an amount at least equal to that provided
by the financial responsibility laws of Florida.
8. Submit proof that each vehicle used to transport farmworkers is
in compliance with the vehicular safety standards of the state in
which the vehicle is registered.
9. Provide Worker's Compensation coverage for all workers.
10. Furnish the Division of Labor, Employment and Training with a
set of his fingerprints.
11. Retain for three 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
Rule 38H-11, Florida Administrative Code

Responsible agency enforcement and registration:
Florida Department of Labor and Employment Security
Division of Labor, Employment and Training
Bureau of Agricultural Programs
P.O. Box 1698
Tallahassee, Florida 32302-1698
Telephone 904/488-3131

Field Sanitation and Drinking Water Federal

Who must comply:
Employers who currently employ, or have employed during the past
twelve months, at any one time, eleven or more employees engaged in
hand-labor operations in the field, must provide toilets, hand washing
facilities and drinking water to such employees at no cost to the
employee.






Exemptions:
Employers who currently employ 10 or less employees in hand-
labor field operations and who have not employed during the
past twelve months, at any one time, eleven or more employees
engaged in hand-labor field operations.
Toilet and handwashing facilities are not required for employees
who perform field work for a period of three (3) hours or less
during the day, including transportation time to and from the
field.
Activities such as logging operations, the care and feeding of
livestock, or hand labor operations in permanent structures
(e.g., canning facilities or packing houses) are not included in
hand labor operations.

Definitions:
"Handwashing facility" means a facility providing either a basin,
container, or outlet with an adequate supply of potable water,
soap and single-use towels.
"Potable Water" means water that meets the standards for
drinking purposes of the state or local authority having jurisdic-
tion or water that meets the quality standards prescribed by the
U.S. Environmental Protection Agency's National Interim
Primary Drinking Water Regulations, published in 40 CFR Part
141.
"Toilet facility" means a fixed or portable facility designed for the
purpose of adequate collection and containment of the products
of both defecation and urination which is supplied with toilet
paper adequate to employee needs. Toilet facility includes
biological, chemical, flush and combustion toilets and sanitary
privies.

Employers must:
(1) Provide toilets and handwashing facilities as follows:
One toilet facility and one handwashing facility for each
twenty (20) employees or fraction thereof.
Toilet facilities shall be adequately ventilated, screened,
having self-closing doors that can be closed and latched
from the inside and constructed to insure privacy.
Toilet and handwashing facilities shall be accessible to
employees and in close proximity to each other. Facilities
shall be located within a one-quarter mile walk of each hand
laborer's place of work in the field.
Where, because of terrain problems, it is not feasible to
locate facilities within the one-quarter mile distance, the
facilities shall be located at the closest vehicular access to
the field.
(2) Provide potable drinking water which is readily accessible to all
employees as follows:
The water shall be suitably cool and in sufficient amounts,
taking into account the air temperature, humidity and the
nature of the work performed, to meet the needs of all
employees.
The water shall be dispensed in single-use drinking cups or
by fountains. The use of common drinking cups or dippers
is prohibited.
(3) Maintain potable drinking water, toilets and handwashing
facilities in accordance with appropriate public health sanitation
practices as follows:







Drinking water containers shall be constructed of materials
that maintain water quality, shall be refilled daily or more
often as necessary, shall be kept covered and shall be
regularly cleaned.
Toilet facilities shall be operational and maintained in a
clean and sanitary condition.
Handwashing facilities shall be refilled with potable water as
necessary to ensure an adequate supply and shall be
maintained in a clean and sanitary condition.
Disposal of waste from facilities shall not cause unsanitary
conditions.
(4) The employer shall notify each employee of the location of
drinking water and sanitation facilities and provide employees
with reasonable opportunities during the work day to use them.
(5) It is the employers responsibility to inform each employee of the
importance of each of the following good hygiene practices to
minimize exposure to the hazards in the field of heat, communi-
cable diseases, retention of urine, and agricultural residues:
Use the water and facilities provided for drinking,
handwashing, and elimination.
Drink water frequently and especially on hot days.
Wash hands both before and after using the toilet.
Urinate as frequently as necessary.
Wash hands before eating and smoking.

Additional Information:
Labor Bulletin No. 450, Florida Fruit and Vegetable Association,
Orlando, Florida, July 29, 1987.
29 CFR Part 1928.110
Federal Register, Vol. 52, No. 84, Friday, May 1, 1987/Rules and
Regulations.

Responsible Agency:
U.S. Department of Labor
See Occupational Safety and Health (OSHA) section

Field Sanitation and Drinking Water State

Who must comply:
Employers of hand laborers must comply if the workers are
employed in one location at one time.

Employer must:
Provide facilities including toilets, handwashing facilities and
potable drinking water as follows:
Where four (4) or less hand laborers 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. Potable drinking water must be
provided for one (1) or more hand laborers.
Where five (5) or more hand laborers are employed in one
location at one time, at least one (1) toilet and handwashing
facility shall be provided at the location for each twenty (20)
workers or fraction thereof. Where more than 20 hand-
harvesters are working and 50 percent of the harvesters are
women, 1 toilet shall be designated with appropriate sign for







men and 1 toilet designated with appropriate sign for women.
Toilet and handwashing units shall be collocated. The facilities
shall be located within a one-quarter mile walk of most hand-
laborer's place of work in the field.
* When it is not possible to comply with the above requirement
because of physical or terrain conditions, the facilities shall be
located at the point of closest vehicular access.
* Toilet facilities shall be constructed and maintained in accor-
dance with Florida Administrative Code 10D-6.051 which
provides in part:
1. They shall be portable, self-contained, and exclude flies
from the waste container.
2. Waste container shall be watertight and constructed of non-
absorbent, acid-resistant, non-corrosive, easily cleanable
material.
3. Floors and interior walls shall have a non-absorbent finish
and be easily cleanable.
4. Toilet tissue shall be provided and units for male use
provided with urinals.
5. Waste containers shall be completely emptied, thoroughly
cleaned and disinfected at least twice weekly.
6. The inside of toilets shall be cleaned and disinfected each
time the waste container is emptied.
7. Toilets shall have self-closing doors with an inside latch to
insure privacy.
* Sludge and/or contents from septic tanks, grease traps,
temporary privies or similar waste disposal appurtenances shall
be disposed of by treatment methods approved by the local
HRS County Public Health Unit or by burial, incineration, or
sanitary landfill when approved by the local Health Unit.
Disposal into drainage ditches or surface waters is prohibited.
* Each operator must annually obtain a dumping permit from the
local HRS County Public Health Unit. The following evidence
must be provided to obtain a permit:
1. That equipment is adequate and in good repair. Equipment
shall be inspected and approved by the local HRS County
Public Health Unit.
2. Permanent address of the business and location of
equipment.
3. 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 a dumping permit. See your local HRS County
Public Health Unit.
4. Knowledge of applicable rules and regulations.
* Handwashing facilities shall be convenient, supplied with
potable water in appropriate container and provided with soap
or other cleanser and single use towels. A waste container shall
be provided for used towels, and the waste water from the
handwashing facility shall not cause a sanitary nuisance.
* Drinking water shall be potable and obtained from a source
which complies with the provisions of Chapters 17-550, 555,
560 or 10D-4 Florida Administrative Code. Water shall be
provided in containers constructed 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.






HRS personnel and Department of Labor and Employment
Security crew leader compliance officers are now authorized to
issue civil money citations up to $500 per violation of the above
standards.

Related Information:
Chapter 381.006(7) Florida Statutes.
Chapter 10D-10.038(1)(b) 1.,2.,3.,4. Florida Administrative
Code.
Labor Bulletin No. 439, Florida Fruit & Vegetable Association,
Orlando, April 2, 1986.

Responsible Agency:
Environmental Health Services
Department of Health and Rehabilitative Services
1317 Winewood Blvd.
Tallahassee, FL 32301
Telephone: 904/488-4070

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

Immigration Reform and Control Act Federal

Who must comply:
All employers (agricultural and non-agricultural) are prohibited from
knowingly employing aliens not legally entitled to work in the U.S. The
definition of "knowingly hiring" has been greatly expanded. Using a
"constructive knowledge" standard the regulation now states:
"Knowing" is defined as including not only actual
knowledge, but also constructive knowledge knowledge
which may fairly be inferred through notice of certain facts and
certain circumstances which would lead a person, through the
exercise of reasonable care, to know about certain conditions.

Employers must:
1. Have your employees and prospective employees fill-out their
part of the Form 1-9 when they start to work. Check it for
completeness.
2. Inspect the employee's documents establishing the employee's
identity and eligibility to work, noting the employee's document
ID number and expiration date.
3. Properly complete the employer's part of the Form 1-9. This
must be completed within three business days, or at the time of
hire if the employment is for less than three days.
4. Retain the Form 1-9 for at least three years or one year after the
employee leaves, whichever is longer.
5. Present the Form 1-9 for inspection when requested by an INS,
DOL or OSC officer. The inspection officers are required to give
at least three days advance notice before an inspection.

You do not need to complete a Form 1-9 for:
Persons you employ for domestic work in a private home on an
intermittent or sporadic basis.







Persons who provide labor to you who are employed by a
contractor providing contract services (e.g., employee leasing).
Persons who are independent contractors.
Persons referred to you by the state employment agency, if the
agency has elected to provide a certification of employment
eligibility (The Job Service of Florida will fill out and retain the 1-9
only if requested to do so by the individual employer.) How-
ever, you must retain the certification the same as a Form 1-9
and present it for inspection if requested.
Persons you employ who have completed an 1-9 form with a
private 1-9 agency of which you are a member. Some grower
organizations have set-up 1-9 offices to serve as an agent for
their members in completing and retaining 1-9 forms. Generally
the worker is then issued a picture I.D. card which he presents
to the member employer when hired. It should be noted that the
employer is still responsible for compliance and may be liable
for violations of the law.

Penalties for Prohibited Practices:
All employers, including agricultural employers of seasonal
agricultural workers, must comply with the IRCA law. Civil money
penalties and criminal penalties may be levied against employers for
failure to comply with provisions of the law.
Civil money penalties:
Civil money penalties may be levied against employers and others
who:
Hire or continue to hire unauthorized aliens.
Fail to comply with the record-keeping requirements of this act
(IRCA).
Require indemnification from prospective employees.
Recruit unauthorized seasonal agricultural workers outside the
U.S.
Criminal penalties:
Criminal and/or civil money penalties may be levied against
employers and others who:
Regularly, repeatedly or intentionally engage in a pattern or
practice of knowingly hiring or continuing to employ unautho-
rized aliens.
Engage in fraud or false statements or otherwise misuse visas,
immigration permits and identity documents.

Discrimination:
Employers of four or more employees may not discriminate against
any person (other than an unauthorized alien) in hiring, discharge, or
recruiting or referring for a fee because of national origin or citizenship
status. Because Title VII of the Civil Rights Act of 1964 is in effect for
employers of fifteen or more employees, discrimination complaints
involving national orn will be reported as follows: 1-3 employees -
not covered, 4-14 employees to the Office of Special Counsel,
Department of Justice, 15 or more employees -to the Equal Employ-
ment Opportunity Commission (For Florida deferral agencies, see
Human Rights-Discrimination section). Discrimination complaints
involving citizenship status against employers of four or more will be
filed with the Department of Justice.







Recruiters and referrers for a fee:
Recruiters or referrers for a fee should complete a Form 1-9 for any
person they refer to an employer and who is hired by that employer.
The Form 1-9 should be completed within three business days of the
hire.
The recruiters or referrers may designate agents to complete the
verification process on their behalf, but they are still responsible for
obtaining and filing a copy of the Form 1-9, and are still responsible and
liable for compliance with the law. Recruiters and referrers must retain
the Form 1-9 for three years after the date the referred individual was
hired by the employer.

Independent Contractors:
Employers can be held liable for the actions of an "Independent
Contractor" if an unauthorized alien is hired and the user of the
Independent Contractor has actual knowledge of the lack of work
authorization. Independent Contractor has been redefined as follows:
"The term independent contractor includes individuals or entities who
carry on independent business, contract to do a piece of work
according to their own means and methods, and are subject to control
only as to results."
Whether an individual or entity is an independent contractor,
regardless of what the individual or entity calls itself, will be determined
on a case-by-case basis. Factors to be considered in that determina-
tion include, but are not limited to, whether the individual or entity:
Supplies the tools or materials,
Makes services available to the general public,
Works for a number of clients at the same time,
Has an opportunity for profit or loss as a result of labor or
services provided,
Invests in the facilities for work,
Directs the order or sequence in which the work is to be done,
Determines the hours during which the work is to be done.

Acceptable documents:
The IRCA requires that a prospective employee establish (1) his or
her identity and (2) his or her employment eligibility. Some acceptable
documents establish both identity and employment eligibility. As a
result, only one document need be furnished from List A. If an
individual does not provide a document from List A, he or she must
provide one document that establishes identity (List B) and one
document that establishes employment eligibility (List C).
If an employee is unable to provide the required document or
documents within three days, he or she must at least provide (within
three days) a receipt showing that he or she has applied for the
document. The document itself must be provided within 90 days of the
hire.

List A

Documents That Establish Identity and Employment
Eligibility
United States Passport (expired and unexpired)
Certificate of United States Citizenship. (INS Form N-560 or
N-561)
Certificate of Naturalization. (INS Form N-550 or N-570)
Unexpired foreign passport which:
Contains an unexpired stamp which reads "Processed for







Temporary Evidence of Lawful Admission for Permanent
Residence. Valid until Employment
authorized;" or
Has attached thereto a Form 1-94 bearing the same name as
the passport and contains an employment authorization stamp,
so long as the period of endorsement has not yet expired and
the proposed employment is not in conflict with any restrictions
or limitations identified on the Form 1-94.
Alien Registration Receipt Card (INS Form 1-151) or Resident
Alien Card (INS Form 1-551), provided that it contains a
photograph of the bearer.
Unexpired Temporary Resident Card (INS Form !-688)
Unexpired Employment Authorization Card (INS Form I-688A)
Unexpired reentry permit (INS Form 1-327)
Unexpired Refugee Travel document (INS Form 1-571)
Unexpired INS employment authorization document with a
photograph (INS Form 1-688B)

List B

Documents That Establish Identity
For individuals 16 years of age or older:
State-issued driver's license or state-issued identification card
containing a photograph. If the driver's license or identification
card does not contain a photograph, identifying information
should be included, such as name, date of birth, sex, height,
color of eyes, and address.
School identification card with a photograph
Voter's registration card
United States Military card or draft record
Identification card issued by federal, state or local government
agencies.
Military dependent's identification card
Native American tribal documents
United States Coast Guard Merchant Mariner Card
Driver's license issued by a Canadian government authority.
For individuals under age 16 who are unable to produce one of the
documents listed above:
School record or report card
Clinic doctor or hospital record
Daycare or nursery school record

List C
Documents That Establish Employment Eligibility
Social Security number card, other than one which has printed
on its face "not valid for employment purposes."
An original or certified copy of a birth certificate issued by a
state, county, or municipal authority bearing an official seal
Unexpired INS employment authorization
Certification of Birth issued by the Department of State. (Form
FS-545)
Certification of Birth Abroad issued by the Department of State.
(Form DS-1350)
United States Citizen Identification Card. (INS Form 1-197)
Native American tribal document
Identification Card for use of Resident Citizen in the United
States. (INS Form 1-179)







Employer Reporting:
The Immigration Reform and Control Act of 1986 (IRCA) provided a
method for determining labor needs in the perishable agricultural
segment until 1993. In order to determine any shortage of workers the
law requires employers of Special Agricultural Workers (SAWs) and
Replenishment Agricultural Workers (RAWs) to keep certain records
and report this information quarterly to the U.S. Census Bureau
through September 30, 1992.

Record-Keeping:
For each "reportable worker" who performs seasonal agricultural
services (SAS), the employer must establish and maintain records
which include the following:
1. Full name, INS Alien Registration Number, and Social Security
Number.
2. Local address and permanent address (if different).
3. Crops worked and tasks performed.
4. Hours worked each day.
5. Records for SAWs must be kept for 5 years, for all others 3
years.
A "reportable worker" is defined as any resident alien worker
employed in SAS who has an INS Alien Registration Number in the A
90000000 series or A090000000 series (i.e. the number starts with "A
9" or "A09" followed by any seven digits). Reportable workers include
not only SAWs and RAWs but also those aliens legalized under the
General Amnesty provisions of IRCA. For the purposes of IRCA a
"workday" is any day in which the employee works four hours or more.

Reporting:
Employers of "reportable workers" must:
1. Prepare at the end of each calendar quarter a Work Day Report
(Form ESA-92).
2. Mail the Work Day Report within 15 days of the end of the
quarter to:
CEISAW
1201 E. 10th Street
Jeffersonville, Indiana 47132-0001
3. The Work Day Report must be signed by the employer and
should include the following for each reportable worker:
Full name of employee and his/her INS Alien Registration
Number.
Number of days employee worked four hours or more in
SAS (work in sod must be reported separately).
Instructions and definitions are on the back of the form.
Forms can be obtained from the local County Agricultural
Extension Office.
Copies of these reports must be kept for three years.

Other Provisions of the act:
In addition to the employer verification procedures outlined above,
the IRCA includes a number of other provisions, such as the general
legalization of eligible aliens residing in this country since January 1,
1982, the Special Agricultural Worker (SAW) program which provides
legal status to illegal aliens who have been working in perishable
Agriculture, revision of the H-2A temporary agricultural worker
program, and the Replenishment Agricultural Worker (RAW) program






to replace perishable agricultural workers who do not qualify for
legalization or who leave agricultural for other jobs.
While these are important programs and agricultural employers are
encouraged to assist agricultural workers in becoming legalized, they
do not affect the fundamental employer/employee relationships
covered in this handbook.

Additional Information (obtainable from the responsible
agency see below)
Handbook for Employers, U.S. Dept. of Justice, Immigration and
Naturalization Service (INS), Washington D.C., Form M-274,
November 1991.

Other Information
Labor Bulletin No. 444, Florida Fruit and Vegetable Association,
Orlando, Florida, November 7, 1986.
Labor Bulletin No. 448, Florida Fruit and Vegetable Association,
Orlando, Florida, April 3, 1987.
Labor Bulletin No. 463, Florida Fruit and Vegetable Association,
Orlando, Florida, November 15, 1988.
Federal Register, Vol. 52, No. 64, Friday, May 1, 1987, pp.
16190- 16228.
Federal Register, Vol. 52, No. 104, Monday, June 1, 1987. pp.
20507 20584.

Responsible Agency:
U.S. Department of Justice
Immigration and Naturalization Service
425 I Street, N.W.
Washington, D.C. 20536

District Office:
U.S. Department of Justice
Immigration and Naturalization Service
7880 Biscayne Blvd.
Miami, Florida 33138
Telephone: 305/536-5745

Sub Offices:
5509 Gray Street
Suite 113
Tampa, FL 33609-1059
Telephone: 813/228-2138
400 West Bay Street
Room G18
P.O. Box 35029
Jacksonville, FL 32202
Telephone: 904/791-2624 & 25
4 East Port Road
Room 129
P.O. Box 846
Riviera Beach, FL 33419
Telephone: 407/894-1377







Farm Labor Camps Federal
There are currently two federal laws which apply to migrant farm
labor camps. The older is the housing standards law administered by
the U.S. Department of Labor, Employment and Training Administra-
tion (ETA) (20 CFR part 654). The second federal law dealing with
migrant farm labor housing was passed in 1970 and is administered by
the U.S. Department of Labor, Occupational Safety and Health
Administration (OSHA) (29 CFR part 1910.142).

Who must comply:
Employers who house one or more migrant farm workers 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. Migrant farm labor
housing constructed after April 3, 1980 must comply with OSHA
standards.
The Migrant and Seasonal Agricultural Worker Protection Act of
1983 provides that all migrant farm worker housing must comply with
either ETA or OSHA standards, depending upon when built or
significantly modified, and may be subject to inspections by ETA or
OSHA regardless of whether the housing is a "condition of employ-
ment." In addition, employers housing migrant agricultural workers
must comply with applicable State housing safety and health stan-
dards.

Inspections:
Agricultural employers using the interstate worker recruitment
service of the Job Service of Florida must have their housing
inspected and approved prior to the completion of the application for
workers. It is possible for an order to be conditionally processed
without approval of the labor camp if the discrepancies are of a minor
nature, the employer gives assurance that the camp will be in
compliance 45 days before expected occupancy 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 If
a request for inspection is made at least 45 days prior to the date of
occupancy and the agency has not conducted such inspection, the
facility may be occupied by migrant agricultural workers unless
prohibited by state law. Occupancy after the failure of an agency to
perform a timely inspection does not relieve the person who owns or
controls a housing facility from the responsibility of ensuring that the
facility meets applicable State and Federal safety and health stan-
dards.
OSHA inspections of migrant agricultural worker housing is on a
postoccupancy basis. There is no licensing procedure under OSHA
regulations. Inspections are usually made in response to employees'
complaints, following a report of a fatality or injury, or on a random
basis. With the passage of MSPA in April 1983, whether the housing
is provided as a "condition of employment" appears to be a moot point
and OSHA can inspect any migrant agricultural worker housing.
The three U.S. Department of Labor Agencies responsible for
housing standards enforcement have agreed on a plan for coordinating
their inspections of migrant labor housing facilities. 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 operated by crew leaders which have not already







facilities owned or operated 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 standards. 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 654, Subpart E, Housing for Agricultural Workers,
Employment and Training Admin., Federal Register, March 4,
1980, 14180-14186.
General Industry, OSHA Safety and Health Standards (29 CFR
1910), OSHA 2206 (Rev. January 1976), U.S. Department of
Labor, Occupational and Safety Administration, 1971.
Migrant and Seasonal Agricultural Worker Protection Act (Public
Law 97-X 470) 29 U.S.C. 1801.
Regulations, Part 500: Migrant and Seasonal Agricultural
Worker Protection, WH Publication 1455 (Revised 12/84), U.S.
Department of Labor, Wage and Hour Division.

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 Labor, Employment and Training
Bureau of Agricultural Programs
214 N. Duval Street
Tallahassee, FL 32399
Telephone 904/488-3131



39






Local offices can be found In the telephone directory
under
Florida, State of
Labor and Employment Security, Division of
Florida State Job Service
NOTE: Upon written request the U.S. Department of Labor, Wage and
Hour Division will do a pre-occupancy inspection of migrant farmworker
housing. Contact the local Wage and Hour Division office see Migrant
and Seasonal Agricultural Worker Protection Act (MSPA) Federal.

Migrant labor Housing State
Who must comply:
Anyone who operates a Migrant Labor Camp or dwelling unit(s)
defined as "Residential Migrant Housing."

A Migrant Labor Camp is defined as:
One or more buildings or structures, or any portion thereof, together
with the land appertaining thereto, constructed, established, operated,
or furnished as incident of employment, or furnished as living quarters
for five or more seasonal, temporary or migrant farm workers whether
or not rent is paid or space is reserved for use or occupancy of such
premises. Families shall be prohibited from living in barracks,
dormitories, or other migrant labor camp type housing.

Residential Migrant Housing is defined as:
A dwelling unit or dwelling units, which may be a single family,
multi-family, or mobile home, rented or reserved for occupancy by five
or more unrelated migrant farm workers. A single-family or mobile
home dwelling unit which is not adjacent to or contiguous with other
residential migrant housing, and is occupied by one migrant farm
worker family, shall be excluded from this definition.

Migrant Farm Worker Is defined as:
A person who is or has been employed in hand labor operations in
planting, cultivation, or harvesting of agricultural crops within the last
12 months and who has changed residence for purposes of employ-
ment in agriculture within the last 12 months.

Owners or operators of Migrant Labor Camps or
Residential Migrant Housing must:
1. Apply for and be issued a permit by the Florida Department of
Health and Rehabilitative Services through the local County
Public Health Unit for each migrant labor camp or residential
migrant housing complex. Applications must be made at least
15 days prior to commencement of facility operations. Applica-
tions must be filed at least 30 days prior to the date of expiration
or the date of operation. All permits will expire on September
30th of each year.
2. Pay an annual fee for each permit as follows:

Number of Permit
Occupants Fe
5 to 50 $125.00
51 to 100 225.00
101 or more 500.00







3. Comply with the Sanitary Code of Florida in such areas as:
(a) Sites
(b) Shelters
(c) Water Supply*
(d) Sewage and liquid waste disposal
(e) Insect and rodent control
(f) Heating
(g) Lighting
(h) Plumbing
(i) Toilets
(j Washrooms, bathing and laundry facilities
(k) Food service facilities
(I) Living space per occupant
(m) Maintenance of premises
(n) Fire protection
(o) Responsibility of operator
*The Florida Department of Environmental Regulation (DER)
periodically sends Public Drinking Water Analysis Reporting
forms to owners of migrant labor camps. These reporting forms
are quite detailed and require the following for existing labor
camps:
1. Quarterly bacteriological sampling.
2. Nitrate sampling every 60 months.
3. Turbidity sampling once a day for surface water systems.
4. Maintain a disinfection system that provides a chlorine
residual of 0.2 milligrams per liter.
5. Provide a certified operator.
4. Post the permit in the facility during the period of occupancy.
5. Post the name, telephone number, address or how to locate the
camp owner or operator.
6. Provide telephone access to emergency medical treatment
during periods of occupancy at migrant labor camps.
7. In those labor camps which have centralized feeding facilities
for the workers, at least one supervisory person must be a
Certified Food Handler. For information on certification, testing
and study guides contact: National Assessment Institute, 4134
Gulf of Mexico Drive, Suite 202, Longboat Key, FL 34228.
Testing fees range from $12 to $38. A separate food service
permit is not required for the centralized feeding facility.

Occupants must:

Use the sanitary and other facilities provided.
Refrain from willful destruction of camp property.

Right of entry:
The Department of Health and Rehabilitative Services or its
inspectors may enter and inspect migrant labor camps and residential
migrant housing units at reasonable hours and investigate such facts,
conditions and practices or matters as may be necessary to determine
violations of the law. The right of entry also extends to any premises
which the Department has reason to believe is being operated as a
migrant labor camp or residential migrant housing unit without a permit,
but such entry shall not be made without the permission of the owner
or person in charge or unless a warrant is first obtained from the circuit
court.







Related Information:
Florida Statute 381.008 through 381.0088 and 633.022.
Florida Administrative Code 10D-25, Part III.
Labor Bulletin No. 461, Florida Fruit & Vegetable Association,
Orlando, September 19, 1988.
Labor Bulletin No. 467, Florida Fruit & Vegetable Association,
Orlando, July 26, 1989.

Responsible Agency:
Florida Department of Health and Rehabilitative Services
State Health Office Environmental Health Service
1317 Winewood Blvd.
Tallahassee, FL 32301
Telephone: 904/488-4070

Requests for information concerning:
Permits, compliance, regulations or other problems should be
addressed to the local HRS County Public Health Unit.

Motor Carrier Safety Law Federal
The federal Motor Carrier Safety Regulations provide detailed
safety and licensing regulations for motor vehicles and drivers of motor
vehicles. There are two parts of the regulations which are relevant to
agriculture. The first deals with drivers of farm trucks and the second
deals with vehicles and drivers which transport migrant farm workers.
The Commercial Motor Vehicle Safety Act of 1986 requires each
state to meet the same minimum standards for commercial driver
licensing. The standards require commercial motor vehicle drivers to
obtain a Commercial Driver's License (CDL). Florida law requires that
drivers must have a CDL no later than April 1, 1992 in order to operate
a Commercial Motor Vehicle (CMV); generally defined as a motor
vehicle with a gross vehicle weight rating of 26,000 pounds (GVWR) or
more, or a vehicle designed to transport 16 or more passengers,
including the driver. Class A, B and C licenses, with appropriate
endorsements for passenger transport, hazardous materials, etc., will
be issued to drivers of CMV's.
Testing and licensing of all Florida CMV drivers will be done by the
Florida Department of Highway Safety and Motor Vehicles.

Drivers of Farm Trucks
Waiver:
The licensing provisions of the Commercial Motor Vehicle Safety
Act of 1986 (49 CFR, Subtitle B, Chapter III) are waived for operators
of a farm vehicle which is:
1. Controlled and operated by a farmer,
2. Used to transport either agricultural products, farm machinery,
farm supplies or both to and from a farm,
3. Not transporting placarded hazardous materials,
4. Not used in the operation of a common or contract motor carrier,
and
5. Used within 150 miles of the person's farm.
NOTE: This waiver does not apply to drivers of vehicles designed to
transport passengers.







General requirements:
A driver of a farm vehicle must meet the physical requirements and
comply with all other provisions 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, respiratory 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 1, 1988.
Federal Register, Vol. 53, No. 186, Sept. 26, 1988, 37313.
Commercial Driver License: Manual for Truck and Bus Drivers,
Florida Department of Highway Safety and Motor Vehicles,
November 1989.

Transportation of Migrant Farm Workers
The transportation of migrant and seasonal farm workers is
governed by the Federal Motor Carrier Safety Regulations and
regulations adopted by the U.S. Department of Labor (DOL) in
implementing the Migrant and Seasonal Agricultural Worker Protection
Act of 1983. The DOL adopted, virtually in tact, the Federal Motor
Carrier Safety Regulation dealing with the transportation of migrant
and seasonal agricultural workers. In addition the DOL adopted its
own vehicle standards for automobiles and station wagons used to
transport migrant and seasonal agricultural workers and all other
vehicles used to transport migrant and seasonal agricultural workers
for trips of 75 miles or less (excluding day-haul operations). (see
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) -
Federal.)
The regulations contain provisions setting forth the qualifications of
drivers or operators, the driving of motor vehicles, parts, accessories
necessary for safe operation, hours of service by drivers, 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 qualifications:
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 medicine 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, i.e., a Commercial Driver's License with a
passenger transport endorsement.

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 transported
9. Lighting devices and reflectors
10. Limitation on distance of travel
11. Ignition of fuel precautions
12. Carrying reserve fuel
13. Driving by unauthorized persons
14. Protection of passengers from weather
15. Unattended vehicle precautions
16. 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) Open 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
Transportation, Federal Highway Administration, Bureau of
Motor Carrier Safety, October 1, 1988.
Commercial Driver License: Manual for Truck and Bus Drivers,
Florida Department of Highway Safety and Motor Vehicles,
November 1989.

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

Inspections and Licensing:
For vehicle inspections relative to farm labor contractor certification,
contact the local Department of Labor, Wage and Hour Division office.
For licensing contact the Florida Department of Highway Safety and
Motor Vehicles.
For local offices, see the telephone directory for
U.S. Government
Labor, Department of
Wage and Hour Division
See Transportation-Farmworkers-State Section.

Transportation Farm Workers State
Who must comply:
Any person who transports, contracts or arranges for the transpor-
tation of one or more migrant workers who do not live in the immediate
area for planting, cultivating or harvesting agricultural crops. A migrant
farm worker transporting himself and his immediate family is exempt
from the provisions of this section.

Transporter must:
Comply with the provisions of Chapter 316.620 Florida Statutes
which provides that:
1. Tires must:
(a) Be adequate for the size and weight of the vehicle.
(b) Not be smooth or wom 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
fastened 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 entry or exit 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 or step no
more than 18 inches from the ground.
(h) Handholds shall be provided to permit entry and exit 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 communi
cate with the driver.
(k) Each vehicle shall be provided with a safe means of
protecting passengers from cold or undue exposure. The
following types of heaters are FORBIDDEN:
1. Exhaust heaters.
2. Open flame heaters.
3. Heaters permitting fuel leakage.
4. Heaters permitting air contamination.
5. Heaters not attached.

Related Information:
Chapters 316.003, 316.620 and 450 Florida Statutes
Labor Bulletin No. 339, Florida Fruit and Vegetable Association,
Orlando, October 31, 1974.
Commercial Driver License: Manual for Truck and Bus Drivers,
Florida Department of Highway Safety and Motor Vehicles,
November 1989.

Responsible agency:
Florida Department of Highway Safety and Motor Vehicles
Neil Kirkman Building
Apalachee Parkway
Tallahassee, FL 32301
Phone: 904/488-5370

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 insurance
carrier, qualify as a self-insurer, or join a group self-insurers
fund. The cost of insurance varies depending on employment
activity and experience rating of each employer. The Florida
Department of Insurance must approve all Workers' Compensa-
tion rates for each employment activity and job classification.
The Workers' Compensation premium rate is paid by the
employer as a percentage of payroll. Employers should consult
their insurance carrier or self-insurers group for rates.
Post a notice of compliance in accordance with a form pre-
scribed by the Division of Workers' Compensation.
Report injuries on Notice of Injury Form (LES form DWC-1) as
follows:
1. The employer, upon receiving notice that an employee
has been injured, must complete and file a Notice of Injury
form DWC-1 with the insurance carrier. The notice of injury
form must be in the carrier's hands within seven days from
the date that the employer has actual knowledge of the
accident or injury. The employer will send both the carrier
copy and the Division copy of form DWC-1 to the carrier.
The carrier or self insured employer must, within 30 days
from the receipt of the form DWC-1, mail the form to the
Division of Workers' Compensation in Tallahassee.
Penalties for late reporting by the employer have been
increased up to $500.00 for each late report. If the injured
employee is unavailable to sign the form DWC-1, the
employer should note this on the form and submit it as
usual.
The Form DWC-1 is a two part form. The first part "Notice
of Injury (Part I)" is concerned with the worker and the injury
and must be submitted within seven days of knowledge of
the injury.
The second part "Notice of Injury (Part IA)" is concerned
with wage information and the employer has 14 days from
the first knowledge of the injury to submit the information to
the insurance carrier.
2. If the injured worker is disabled for seven days or less and
no billable professional medical treatment is provided, the
injury does not need to be reported. Although a first aid
case which will have no medical bills forthcoming need not
be reported, under the law the employer must keep a record
of the injury.
3. If the minor injury in #2 eventually results in more than
seven days of disability or the injured worker files a claim,
you should immediately file the "Carrier" and "Division" copy
of Form DWC-1 with the insurance carrier.







4. If the injury results in death, the employer must give a
special notice by telephone or telegraph to the Bureau of
Industrial 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' Compensation as shown above.
Inform each injured worker of his rights and benefits under the
Workers' Compensation Law, including an explanation of wage-
loss benefits and the eligibility conditions for such benefits.
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 within 30 days of injury if
possible, signing the Notice of Injury form (DWC-1) satisfies this
requirement.
Report any compensable wage loss to carrier, or employer if
self-insured, within 14 days of the end of claimed period.
File claims within 2 years of injury, last payment of compensa-
tion, or date of last remedial treatment.
Pay his own attorney's fees except when the injured employee
prevails in a case involving:
(a) Medical benefits,
(b) A carter or employer who refuses to pay benefits that are
due and claimed on a properly filed claim within 21 days,
(c) The issue of coverage,
(d) A carrier or employer who fails to comply with any compen
station order of a Judge of Compensation Claims or a court,
or
(e) A new compensation order based on a change of conditions
or a mistake in determination of fact.
Attorney's fees may not include future medical or rehabilitation
benefits beyond 5 years after the date of a hearing to determine
attorney's fees.
The cost of Workers' Compensation is paid by the employer. It
is against the law for employers to charge his workers for this
insurance.
Willful refusal to use a safety appliance or observe a safety rule
can result in a reduction of compensation by 25 percent.

Drug-Free Workplace Program:
The implementation of a Drug-Free Workplace program allows
employers to avail themselves of the remedies provided in the
Workers' Compensation law regarding drug and/or alcohol testing in
the workplace. Among other things this program qualifies the
employer for reduced Workers' Compensation rates.
It is a requirement of a Drug-Free Workplace program that an
employer conduct the following type of drug tests:
(a) Job Applicant Must test job applicants. Refusal or a positive
confirmed test is a basis for refusal to hire.
(b) Reasonable Suspicion Must test the employee.
(c) Routine fitness for duty Must require employees to be tested it
part of a routinely scheduled fitness-for-duty medical exam or
that is scheduled routinely for all members of a specific group.
(d) Follow-up If employee is participating in an assistance
program for drug related problems or an alcohol or drug







rehabilitation program, employer must require employee to
submit to follow-up testing on a quarterly, semi-annual or annual
basis for up to two years thereafter.

Refusal to Test:
If an employer has implemented a Drug-Free Workplace program
and an injured worker refuses a drug or alcohol test, he/she forfeits
eligibility for all medical and indemnity benefits and may be terminated
or otherwise disciplined. In the absence of a Drug-Free program, an
injured worker who refuses a drug or alcohol test, it is presumed, in the
absence of clear and convincing evidence to the contrary, that the
injury was occasioned by the influence of a drug or alcohol.
An employer, whether or not participating in a Drug-Free Workplace
program, may require an injured worker to submit to a drug or alcohol
test if the employer has a reasonable suspicion that the accident was
caused or attributed to by the use of drugs or alcohol.

Notice to Employees:
An employer who plans to implement a Drug-Free Workplace
program must notify all employees of such intention at least 60 days
prior to actual drug testing.
Prior to testing, all employees and job applicants must be given a
written policy statement containing the following:
(a) A general statement of the employer's policy on employee drug
use, including the type of testing they may be required to submit
to, and the actions the employer may take on the basis of a
positive confirmed drug test result.
(b) A statement advising of the existence of the Workers' Compen-
sation Drug Testing rule.
(c) A general statement of the confidentiality of such testing and
results.
(d) Procedures for confidentially reporting the use of prescription or
nonprescription medications and how to obtain a list of common
drugs or medications which may alter or affect a drug test.
(e) The consequences of refusing to submit to a drug test.
(f) Name, address, and telephone number of employee assistance
programs and drug rehabilitation programs available to
employees.
(g) A statement that the employee or job applicant receiving a
positive confirmed test result may contest or explain the results
to the employer within five days after written notification of the
positive test. If the explanation is not satisfactory to the
employer, the employee or job applicant may contest the test as
provided in the law.
(h) A statement informing the employee of his/her responsibility to
notify the laboratory of any administrative or civil action being
brought.
(i) A list of all drugs for which the employer will test.
(j) A statement of employee's rights under an applicable collective
bargaining agreement.
(k) A statement of employee's and job applicant's right to secure
technical information from the laboratory on prescription and
nonprescription medications.
All vacant position announcements shall contain a statement of the
employer's drug testing policy and similar notices shall be posted at
appropriate and conspicuous locations on the employer's premises.
Employers shall pay the cost of initial and confirmation drug tests.
For further information on the Drug-Free Workplace program
contact the Division of Workers Compensation in Tallahassee (see
Responsible Agency).








Prior Injuries:
Employers of workers who are injured and who have experienced 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 as soon after employment
as possible.
Payments are made to injured employees to offset loss of income
and medical costs, including death and disability payments. Injured
employees receive 66m percent of their average weekly wage with a
maximum equal to 100 percent of the state-wide average weekly
wage. For injuries occurring in 1991 this limit was $392. per week and
effective January 1, 1992 the maximum compensation will be $409 per
week. No payment of compensation will be made for the first seven
days of disability. Payment will be made for days number (8) eight
through (14) fourteen and if the disability last over 14 days compensa-
tion will be paid retroactively to the first day of disability.
Once a permanently impaired worker reaches maximum medical
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.

Loss of Workers' Compensation Exclusivity:
Until recently farm employers could assume that their liability
exposure for migrant and seasonal workers injured while being
transported in a vehicle covered by the Migrant and Seasonal
Agricultural Worker Protection Act (MSPA) was satisfied by Workers'
Compensation coverage of these workers. A recent court decision has
struck-down this "exclusivity doctrine" of Workers' Compensation in
this situation. Thus, in addition to receiving full benefits under
Workers' Compensation, farm workers injured in a vehicular accident
can also sue their employer for damages and medical expenses in
federal court under the provisions of MSPA. Legislation is being
proposed to alleviate this dual liability exposure, but until relief is
achieved, agricultural employers who transport workers in vehicles
which come under the provisions of MSPA should seriously consider
additional liability insurance coverage.

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, or contact the local area office nearest you.
Wage Loss and You, Department of Labor and Employment
Security, Division of Workers' Compensation.
Workers' Compensation and You, Department of Labor and
Employment Security, Division of Workers' Compensation.
Facts about Workers' Compensation Insurance for Employers,
Department of Labor and Employment Security, Division of
Workers' Compensation.







Responsible agency:
Florida Department of Labor and Employment Security
Division of Workers' Compensation
2728 Centerview Drive
124 Forrest Building
Tallahassee, Florida 32399-0684
Phone: 904/488-2031 or 1-800-342-1741 (toll-free)

Field offices: (compliance-field services)
1710 Shadowood Lane, Suite 250
Jacksonville, FL 32207
Phone: 904/348-2667
1415 E. Sunrise Blvd.
Suite 604
Ft. Lauderdale, FL 33304
Phone: 305/467-4686
1000 N. Ashley, Suite 300
Tampa, FL 33602
Phone: 813/272-3360
400 West Robinson Street, Room 601
Orlando, FL 32801
Phone: 407/423-6458
401 N.W. 2nd Avenue
Suite S-321
Miami, FL 33128
Phone: 305/377-5965

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
Rehabilitation, Bureau of
Investigation, Bureau of

OSHA Hazard Communication Standard Federal

Who must comply:
Any employer who manufactures, imports, distributes, stores or
uses chemicals in the workplace which are determined to be hazard-
ous, must inform their employees of such hazards by means of:
1. A written Hazard Communication Program
2. Labels and other forms of warning,
3. Material Safety Data Sheets (MSDS), and
4. Information and training.

Hazard Communication Program
1. Employers must develop and implement a written Hazard
Communication Program for their workplace which specifies
how the requirements for labeling and other forms of warning,
material safety data sheets (MSDS), and employee information
and training will be met, and must also include the following:
A list of the hazardous chemicals present in the workplace
using the identity referenced in the MSDS.








The methods the employer will use to inform employees of
the hazards of non-routine tasks.
The methods the employer will use to inform contractor
employers of the hazards their employees may be exposed
to in the workplace.
2. The employer shall make the written Hazard Communication
Program available, upon request, to employees, their represen-
tatives, and officials of the U.S. Department of Labor, OSHA
and the U.S. Department of Health and Human Services.

Labels and other forms of warning.
1. Chemical manufacturers, importers and distributors shall ensure
that each container of hazardous chemicals leaving the
workplace is labeled, tagged, or marked with the following
information:
Identity of the hazardous chemicalss.
Appropriate hazard warnings.
Name and address of the chemical manufacturer, importer
or other responsible party.
2. The employer is not required to label portable containers into
which hazardous chemicals are transferred from labeled
containers, intended for the immediate use of the employee who
performs the transfer.
3. The employer shall ensure that labels or other forms of warming
are legible, in English, and prominently displayed. Employers
employing non-English speaking workers, may label this
material in the worker's language as long as it is also labelled in
English.
4. Employers are not required to label pesticides which are subject
to the labeling requirements of the Federal Insecticide Fungi-
cide, and Rodenticide Act.

Material Safety Data Sheets
1. A Material Safety Data Sheet (MSDS) is a document, written in
English, containing standardized information about the
properties and the hazards of toxic substances. Manufacturers
and importers of toxic chemicals are required to prepare,
update, and fumish MSDSs' to their distributors and employers.
2. If an MSDS is not furnished with a shipment that has been
labeled as hazardous chemicals, the purchaser (employer) shall
obtain an MSDS from the chemical manufacturer, importer or
distributor.
3. Employers shall have on file an MSDS for each hazardous
substance in the workplace and shall insure that they are readily
accessible during each work shift to employees when they are
in the work areass.
4. MSDS's shall also be readily available, upon request, to official
representatives of the U.S. Department of Labor (OSHA), and
the U.S. Department of Health and Human Services.

Employee Information and Training
Employers shall provide employees with information and training on
hazardous chemicals in the work area at the time of their initial
assignment and whenever a new hazard is introduced into their work
area.
1. Information
Employees shall be informed of the:
Information and training requirements of the law,







Any operations in their work area where hazardous
chemicals are present, and
The location and availability of the written Hazard Commu-
nication Program, including the required list(s) of hazardous
chemicals and required MSDSs'.
2. Training
Employee training shall include at least:
Methods and observations that may be used to detect the
presence or release of a hazardous chemical in the work
area.
The physical and health hazards of the chemicals in the
work area.
The measures employees shall take to protect themselves
from these hazards, including specific procedures the
employer has implemented to protect employees from
exposure to hazardous chemicals, such as appropriate work
practices, emergency procedures, and personal protective
equipment to be used.
The details of the Hazard Communication Program
developed by the employer, including an explanation of the
labeling system and the MSDS, and how employees can
obtain and use the appropriate hazard information.

Additional Information

29 CFR, Part 1910.1200
Federal Register, Vol 52, No. 163, Monday, August 24, 1987,
31851-31886.
Labor Bulletin No. 453, Florida Fruit and Vegetable Association,
Orlando, FL November 5, 1987.

Responsible Agency:
U.S. Department of Labor
See Occupational Safety and Health (OSHA) Section

SARA, Title III, Emergency Planning and Community
Right-to-Know Law

The purpose of this law is to encourage emergency planning efforts
at the state and local levels and to increase the public's access to
information about the potential chemical hazards that may exist in their
communities.
Any facility that produces, uses or stores extremely hazardous
substances (EHS) in excess of the Threshold Planning Ouantity (TPQ)
must comply with some or all requirements of this law. In addition, all
businesses which have a spill or an unauthorized release of an EHS in
excess of the Reportable Quantity (RQ) must immediately report such
spills or releases.
There are approximately 1,300 EHS's of which a couple of hundred
are used in agriculture. About 150 commonly used pesticides are on
the list. If you have restricted use and/or danger labeled pesticides or
chemicals on your property in sufficient quantities you may need to
comply with this law.
To determine if your business needs to be in compliance with this
law you should obtain the "How to Comply Handbook" from the State
Emergency Response Commission, 2740 Centerview Drive, Tallahas-
see, FL 32399-2149 (Phone 904-488-1472) or obtain a copy of the
publication "Agricultural Businesses' Responsibilities under the
Emergency Planning and Community Right-to-Know Law." This
publication is available from the Florida Farm Bureau Federation,








Florida Fruit and Vegetable Association or the Institute of Food and
Agricultural Sciences, University of Florida.

Right-To-Know Law State

NOTE: In some quarters it is argued that the OSHA Hazard Commu-
nication Standard has preempted the Florida Right-to-Know law insofar
as commercial agriculture in Florida is concerned. It is, however, the
position of the Florida Department of Labor and Employment Security,
Division of Safety that the issue is jurisdictional when elements of the
state right-to-know law are not found in the federal standards, (e.g., the
Florida Right-to-Know law ensures employee's rights, requires a poster
in the workplace and specifies notification of fire departments).

Who must comply:
In general employers of three or more workers who manufacture,
produce, use, apply or store toxic substances must comply with the
provisions of this act.
The term "employer" does not include:
1. Employers employing two or fewer employees.
2. Employers of domestic workers in private houses.
3. Bona fide farmers or an association of farmers employing
employees in agricultural labor performed on a farm, or in the
onsite packing facilities for agricultural products from such
farms, who employ 12 or fewer regular employees and who
employ 24 or fewer other employees at one time for seasonal or
occasional agricultural labor that is completed in less than 30
continuous days, provided that such seasonal or occasional
employment does not exceed 60 days in the same calendar
year. The term "farm" includes stock, dairy, poultry, fruit, fur-
bearing animals, fish and truck farms, ranches, nurseries and
orchards. The term "agricultural labor" includes foreman,
timekeepers, checkers, and other farm labor supervisory
personnel."
Additionally, most pesticides used by agricultural employers are
excluded from the provisions of this law. Section 442.103, (4) (e)
Florida statutes reads as follows:
"The provisions of this act shall not apply to: Substances or
mixtures which may be toxic but which are labeled pursuant to the
Federal Insecticides, Fungicide, and Rodenticide Act-."
However. in Florida. these toxic substances or mixtures must be
applied by applicators licensed under the provisions of Florida
Statutes. Chapter 388. Mosquito Control Act. Chapter 482. Pest
Control Act. and Chaoter 487. Florida Pesticide Act.
While an agricultural employer may be exempt from certain
provisions of the act relative to chemicals labeled pursuant to the
Federal Insecticides, Fungicide and Rodenticide Act, most farms and
farm shops utilize toxic substances which are not exempt from the act.
Hence, unless the farm employer is exempt because of 12 or fewer
regular employees (paragraph (3) above), he would be subject to the
provisions of this law.

Employers not exempt from the provisions of this act
must:
Post a prescribed notice informing workers of their rights under
the law.
Obtain and maintain for 30 years a Materials Safety Data Sheet
(MSDS) for each toxic substance present in the workplace and
listed in the Florida Substance List.







Make the MSDS's available to employees upon request within 5
of the requesting employee's working days.
Provide instructions to employees, within their first 30 days of
employment and at least annually thereafter, on the adverse
health effects of each listed toxic substance with which they
work in the workplace, how to use each substance safely, and
what to do in case of emergency (see Employers Instructional
Requirements below).
Notify the local Fire Department of the location and characteris-
tics of each listed toxic substance regularly present in the
workplace.

Employee rights:
Employees are entitled to:
Know of the listed toxic substances present in the workplace.
Obtain a copy of the MSDS for each listed toxic substance
present in the workplace.
Instructions, within 30 days of employment and at least annually
thereafter, on the adverse health effects of such listed toxic
substance with which they work in the workplace, how to use
each substance safely, and what to do in case of emergency.
Refuse to work, under specified circumstances, with a listed
toxic substance, if not provided a copy of the MSDS for that
substance within 5 working days after submitting a written
request to his employer.
Protection against discharge, discipline, or discrimination for
having exercised any of the above rights.

Employers Instructional Requirements:
Employers are required to provide their employees with instruc-
tions, either written or in training sessions, which include the following:
The chemical and common names of listed substances found in
the workplace.
The location of the substance in the workplace.
Proper and safe handling practices.
First aid treatment and antidotes in case of overexposure.
The adverse health effect of the substances.
Appropriate emergency procedures.
Proper procedures for clean-up of leaks and spills.
The potential for flammability, explosion and reactivity.
The rights of employees under the Right-to-Know Law.

Material Safety Data Sheets (MSDS)
A Material Safety Data Sheet (MSDS) is a document containing
standardized information about the properties and the hazards of listed
toxic substances. Manufacturers, importers, and distributors of listed
toxic substances are required to prepare and furnish MSDS's to their
direct purchasers. Employers are required to compile a file of MSDS's
on listed toxic substances used in their workplace. In the event
employers are, after diligent efforts, unable to obtain a MSDS from a
manufacturer, importer or distributor, they should notify the Toxic
Substance Information Center in writing requesting the Center's
assistance in obtaining the MSDS.

Florida Substance List:
The Florida Substance List is a list of toxic substances which are
covered by Florida's Right-to-Know Law. The list was compiled by the
Toxic Substance Advisory Council and contains the scientific name,







and where applicable, the common name of the substance. Copies
can be obtained from the Toxic Substance Information Center.

Additional Information:
The Florida Right-to-Know Law Works for Youl (Pamphlet)
Florida Department of Labor and Employment Security.
Florida Substance List, including Chapter 38F-41, Florida
Administrative Code, Florida Department of Labor and Employ-
ment Security.
You Have A Right To Know About The Toxic Substances In
Your Workplace, (Poster), Florida Department of Labor and
Employment Security.
Chapter 442 Florida Statutes.

Responsible Agency:
Florida Department of Labor and Employment Security
Division of Safety
2002 Old St. Augustine Road
Bldg. E, Suite 45
Tallahassee, FL. 32399-0663
Telephone: 904-488-3044

Toxic Substance Information Center
Division of Safety
2002 Old St. Augustine Road
Bldg. E, Suite 45
Tallahassee, Florida 32399-0663
Toll-free 1-800-367-4378

Local offices are listed in the telephone directory under
the following heading:
Florida, State of
Labor and Employment Security, Department of
Safety, Divison of

Income Tax Withholding for Farmworkers

Farm employers are required to withhold federal income taxes on
the cash wages of farm workers.

Exemptions:
Cash farm wages are not subject to withholding unless the worker
is paid $150 or more per year by one employer, or the employer's labor
expenditures for the year equal or exceed $2,500, except that the
$2,500 rule does not apply if the worker:
(1) Is employed in hand harvest labor,
(2) Is paid on a piece rate basis in an operation generally recog-
nized as paying on a piece rate basis,
(3) Commutes daily to the farm from his permanent residence, and
(4) Has been employed in agriculture less than 13 weeks during the
preceding calendar year.
Remuneration paid in any form other than cash for agricultural
labor, i.e. a house, an automobile, food, etc., is not considered wages
for withholding purposes.







Special Agricultural Workers (SAWs Holders of 1-688 and 1-688A
cards) under the Immigration Reform and Control Act of 1986 are
considered permanent residents for the purpose of Federal Income
Tax Withholding and employers must withhold income taxes on their
wages. The same is not true for H-2A workers who are "nonresident
aliens admitted on a temporary basis to perform agricultural service."

Employers must:
(1) Except for those workers in the exempt status above, obtain a
completed Form W-4, "Employee's Withholding Allowance
Certificate" for each employee and, withhold income taxes on
cash wages paid for agricultural labor. Copies of Form W-4
must be sent to IRS when an employee (1) claims more than 10
exemptions or, (2) claims exemption from withholding and
wages exceed $200 per week.
(2) Deposit such withholding taxes in accordance with deposit rules
of the IRS (see Social Security and Medicare-Federal Section).
(3) Prepare and give to each employee a Form W-2, "Wages and
Tax Statement," by January 31st for the preceding year's taxes.
(4) Send copy "A" of Form W-2 and a completed Form W-3,
"Transmittal of Income and Tax Statements" to IRS 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 $5,500 or more income
must file a return. In the case of married couples filing joint returns, the
amount is $10,000. These figures increase to $10,650 if one individual
is over 65 years of age and to $11,300 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 a tax liability of $500 or
more from sources not subject to withholding. The tax may be paid in
four equal installments.

Related Information:
Circular A, Agricultural Employer's Tax Guide, Publication No.
51, Internal Revenue Service. (Revised Annually)
Circular E, Employer's Tax Guide, Publication 15, Internal
Revenue Service. (Revised Annually)
Revenue Reconciliation Act of 1989, Subtitle F, Part IV, Section
7631, (a), (b) and (c).
Labor Bulletin No. 470, Florida Fruit and Vegetable Association,
Orlando, December 5, 1989.

Responsible agency:
U.S. Department of the Treasury
Internal Revenue Service
Local offices are found in the telephone direction under:
United States Government
Intemal Revenue Services
For toll-free information dial 1-800-829-1040
To order tax forms call toll-free 1-800-829-3676







Human Rights Discrimination -- Federal


While the courts have interpreted the National Labor Relations Act
to prohibit racial discrimination, agriculture is excluded from the
provisions of this law. In general, however, human rights in agriculture
are dealt with in four 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 qualification (BFOQ). Use of this
aspect of 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 a job for men only. Rather the job description should describe in
detail what must be lifted, and all applicants or promotion candidates
should be questioned about their ability to do the lifting.
The Civil Rights Act of 1964 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 discrimination has been
established, the courts are authorized to grant broad judicial relief.
Intent (to discriminate) can be inferred from the totality of circum-
stances, i.e. employer may not have intended to discriminate but
carelessness in personnel practices 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 or women may not be
asked. For example, certain pre-employment questions are illegal,
regardless of whether they are verbal or on a written application form.
As a general rule, what is not job related is likely to be illegal. Ex-
amples are as follows:
1. "Are you a U.S. citizen?" (Better to ask: "Do you have the legal
right to work in this country?" Proof may be requested after
hiring.)
2. "What is your age?" (Better to ask: "If hired, can you give proof
of age or a work permit?")
3. "Do you have any physical disabilities?" (Better to ask: "Do you
have any physical condition that may limit your ability to do this
job?" The hiring may be contingent on the passing of a physical
examination paid for by the employer.)
4. "Are you married?" "With whom do you live?" (Better to ask
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 circumstances?)
The consequences of sexual harassment or discrimination should
be of increasing concern to employers. Employers should establish
and widely circulate rigid company policies against such behavior.
Procedures to quickly and effectively deal with sexual harassment
should be established as soon as possible and should be the basis for
across the board employee training.







The Equal Employment Opportunity Commission (EEOC) guide-
lines define two types of sexual harassment; both of which are illegal:
QUID PRO QUO (something given or received for something else):
Occurs when employee is subjected to unwelcome sexual
advances and submission is made the basis for hiring, firing or
advancement.
ENVIRONMENTAL:
Occurs when any type of unwelcomed sexual behavior
creates a hostile work environment.

Examples of Sexual Harassment:
Unsolicited and unwelcome flirtations, advances or propositions.
Display of sexually suggestive objects or pictures.
Graphic or degrading comments about employee's appearance,
dress or anatomy.
Ill-received dirty jokes and offensive gestures.
Sexual or intrusive questions about employee's personal life.
Explicit descriptions of the harasser's own sexual experiences.
Abuse of familiarities or diminutives such as "honey," "baby,"
"dear."
Unnecessary, unwanted physical contact such as touching,
hugging, pinching, patting, kissing.
Whistling, catcalls, leering.
Exposing genitalia.
Physical or sexual assault.
Rape.

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 differen-
tials 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 working conditions. 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
of this act 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 of sex to employees
who are subject to the minimum wage provisions of the act.
Exceptions are permitted when wages are based on: (a) a seniority
system, (b) a merit system, (c) a system which measures earnings by
quantity or quality of production, or (d) any other factor other than sex.

Related information:
Section 6(d) Fair Labor Standards Act of 1938, as amended, 29
U.S.C. 201, et seq.
Title 29 Code of Federal Regulations, Part 1620

Age Discrimination in Employment Act of 1967:
This act prohibits employers with 20 or more workers during at
least 20 calendar weeks of the current or preceding year from
discriminating against individuals aged 40 or older in matters of
hiring, discharging, wages and terms, conditions or privileges of
employment because of age.







The law prohibits any statement in advertisements which indicate
any preference, limitations, specifications, or discrimination on the
basis of age. For example, you are not permitted to use such phrases
as "age 25 to 35," "young," "boy," "girl," or others of similar nature.
Such phrases as "age 40 to 50," "age over 65," "retired," or "supple-
ment your pension" are also prohibited since they discriminate against
others in the 40 or older age 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 birth" 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 establishing 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 or older age group is the "test-
sophistication" or "test-wiseness" of the individual. Younger persons,
due to the increased use of tests in primary and secondary 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.

Americans with Disabilities Act of 1990 (ADA)
It is unlawful for all employers, including state and local government
employers, to discriminate against people with disabilities. Employers
with 25 or more employees will be covered starting July 26, 1992, and
employers with 15 or more employees will be covered two years later,
beginning July 26, 1994.
Prohibited discrimination applies to such employment practices as:
Recruitment e Pay
Hiring Firing
Promotion Job assignments
Training Leave
Lay-off Benefits
SAll other employment related activities.
Under ADA a person has a disability if he/she has a physical or
mental impairment that substantially limits a major life activity such as
hearing, speaking, breathing, performing manual tasks, walking, caring
for oneself, learning or working. An individual must also be qualified to
perform the essential functions of the job with or without reasonable
accommodation. Thus, an applicant or employee must satisfy the job
requirements for educational background, experience, skills, licenses,
and any other qualification standards that are job related; and be able
to perform those tasks that are essential to the job, with or without
reasonable accommodation. The act does not interfere with the
employer's right to hire the best qualified applicant.






Understanding the meaning of certain terms is essential to an
employer's compliance with the ADA.
The essential functions are the basic job duties that an employee
must be able to perform, with or without reasonable accommodation.
Each job should be carefully analyzed to determine which functions or
tasks are essential to performance. This should be done before taking
an employment action such as recruiting, advertising, hiring, promoting
or firing. A well prepared job description will be invaluable in docu-
menting the essential functions of a job.
Reasonable accommodation is any change or adjustment to a job
or work environment that permits a qualified applicant or employee
with a disability to participate in the job application process, to perform
the essential functions of a job, or to enjoy benefits and privileges of
employment equal to those enjoyed by non-disabled employees. It is a
violation of the ADA to fail to provide reasonable accommodation to the
known physical or mental limitations of a qualified individual with a
disability, unless to do so would impose an undue hardship on the
operation of the business.
An undue hardship means that an accommodation would be unduly
costly, extensive, substantial or disruptive, or would fundamentally alter
the nature or operation of the business. Among the factors to be
considered in determining whether an accommodation is an undue
hardship are the cost of the accommodation, the employer's size,
financial resources and the nature and structure of its operation. In
difficult situations the employer must consider alternatives. If costs
cause the undue hardship, the employer must consider the availability
of outside funding and whether the costs can be offset by state and
federal tax credits or deductions. The employer must also give the
applicant or employee the opportunity to provide the accommodation
or pay for that portion of the accommodation that constitutes an undue
hardship.
In the recruitment and interviewing process it is unlawful to ask an
applicant whether he/she is disabled or about the nature or severity of
a disability, or to require the applicant to take a medical exam before
making a job offer. You can ask an applicant about ability to perform
job functions as long as the questions are not phrased in terms of a
disability. You can also ask an applicant to describe or demonstrate
how, with or without reasonable accommodation, the applicant will
perform job-related functions.
Once a job offer is made and prior to commencement of work, the
employer may require an applicant to take a medical exam as long as
all applicants for the job category must also take a medical exam.
However, if the individual is not hired because of the medical exam,
the employer must be able to show that the reasons are job related
and that no reasonable accommodation would make it possible for the
applicant to perform the essential job functions.
Anyone who is currently using drugs illegally is not protected by
ADA and may be denied employment or fired on the basis of such use.
The ADA does not prevent employers from testing applicants or
employees for current illegal drug use, or from making employment
decisions based on verifiable results.

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 complaints 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:
Broward County Human Relations Division
Government Center, Room 116
115 South Andrews Avenue
Ft. Lauderdale, FL 33301
Phone: 305/357-6050
Clearwater Community Relations Department
P.O. Box 4748
10 South Missouri Avenue
Clearwater, FL 33518
Phone: 813/462-6884
Pinellas County Affirmative Action Office
315 Court Street
Clearwater, FL 33516
Phone: 813/462-4880
Metro-Dade Community Relations Board
Metro-Dade Center, Suite 650
111 N.W. First Street
Miami, FL 33128-1965
Phone: 305/375-5272
Florida Commission on Human Relations
Building F, Suite 240
325 John Knox Road
Tallahassee, FL 32399-1570
Phone: 904/488-7082
Jacksonville Community Relations Commission
Town Centre Bldg., Suite 709-13
421 West Church Street
Jacksonville, FL 32202-3326
Phone: 904/630-0911
Orlando Bureau of Human Relations
400 S. Orange Avenue, Room 103
Orlando, FL 32801
Phone: 407/849-2122
St. Petersburg Office of Human Relations
175 5th Street, North
P.O. Box 2842
St. Petersburg, FL 33731
Phone: 813/893-7345
Office of Community Relations
712 West Ross Avenue
Tampa, FL 33602
Phone: 813/223-8241 or 8438
Additional non-706 agencies who handle and investigate discrimi-
nation complaints are located in Fort Myers, Gainesville, Pensacola,
Tallahassee and Tampa.

Related Information:
Eliminating Discrimination in Employment: A Compelling
National Priority, The U.S. Equal Employment Opportunity
Commission, July 1979.
Laws Administered by EEOC, U.S. Equal Employment
Opportunity Commission, January 1981.
Age Discrimination is Against the Law (Pamphlet) U.S. Equal
Employment Opportunity Commission, April 1988.






Equal Work Equal Pay (Pamphlet) U.S Equal Employment
Opportunity Commission, Oct. 1988.
The Americans with Disabilities Act: Questions and Answers,
U.S. Equal Employment Opportunity Commission, July 1991.
The Americans with Disabilities Act: Your Responsibilities as an
Employer, U.S. Equal Employment Opportunity Commission,
1991.
Labor bulletin No. 465, Florida Fruit & Vegetable Association,
Orlando, Feb. 14, 1989.

Responsible Agency
U.S. Equal Employment Opportunity Commission
1801 L Street NW
Washington, D.C. 20507
Telephone: 202/663-4900
District Office:
Equal Employment Opportunity Commission
Metro Mall
1 N.E. First Street, 6th Floor
Miami, FL 33132-2491
Telephone: 305/536-4491
Area Office:
700 Twigg St., 3rd Floor
Tampa, FL 33602
Telephone: 813/228-2310

Human Rights Act of 1977 State
Who 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. Discharge or failure or refusal to hire,
2. Discrimination on compensation, terms, conditions or
privileges of employment,
3. Limiting, segregating or 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 or assists, testifies or participates in any discrimi-
nation investigation,
7. Discrimination in the sale, rental or financing of housing.
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.
Employees have 180 days from the date of a perceived discrimina-
tory act to file a complaint with the Commission on Human Rights at its
offices in Tallahassee.







Other Information:
Chapter 760 Florida Statutes (1983)
Section 22-T, Florida Administrative Code

Responsible agency:
Florida Commission on Human Relations
Building F, Suite 240
325 John Knox Road
Tallahassee, FL 32399-1570
Phone: 904/488-7082
Toll Free 1-800-342-8170

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

Employer must:
Notify employees not having income tax withheld that they may
be eligible for earned income credit (Notice 797 or use Copy C
of Form W-2).
Provide the Form W-5, Earned Income Credit, Advance
Payment Certificate, to the employee upon request (available at
the nearest IRS office or post office).
When a Form W-5 is filed,
1. Compute employee's gross pay (for agricultural employees
gross pay is interpreted to mean those wages subject to
Social Security and Medicare Taxes).
2. Compute employee's Social Security, Medicare and
Withholding Tax.
3. Refer to tables in IRS Circular E, Employer's Tax Guide,
and compute the Advance Earned Income Credit payment
based on employee's gross pay for pay period.
4. Add the Advance Earned Income Credit to the worker's pay
for the pay period.
5. Show the amount of advance EIC payments during year on
employee's form W-2.
6. Retain all records of Advance Earned Income Credit
payments for four (4) years. These records should include
the following information:
(a) Copy of employee's Form W-5.
(b) Amount and date of employee's earnings.
(c) Dates of each employee's employment.
(d) Dates and amount of tax deposits made.
(e) Copies of returns filed.
On the form W-5 the employee must show if he or she is
married and whether the spouse has a Form W-5 in effect for
the year. If the employee indicates that the spouse has a Form
W-5 in effect, the employer will use the table titled" Married with
both spouses filing certificate."
File the appropriate forms with the Internal Revenue Service,
Form 941, Employer's Quarterly Tax Return, for non-farm






packinghouses, canners, and processors, or Form 943, Annual
Tax Return for Agricultural Employers, for farm employers.
File Form W-3, Transmittal of Income and Tax Statements,
annually by February 28th, accompanied by a W-2 form for
each individual employee to the Social Security Administration
(see section on Social Security).
Employers are reimbursed by the Federal government for Advance
Earned Income Credit payments as follows:
The employer deducts the amount of the Advance Earned
Income Credit Payment from his total liability for withholding
taxes as he periodically remits funds to the Intemal Revenue
Service.
If the Federal Income taxes withheld are not sufficient to cover
the amount of the Advance Earned Income Credit payments to
his employees, the employer may deduct the excess from the
employee contribution to Social Security and Medicare.
If there is still an excess of Advance Earned Income Credit
payments, the employer may deduct the excess from the
employer's contribution to Social Security and Medicare.
If for any payroll period the advance EIC payments are more
than the withheld income tax and the Social Security and
Medicare Taxes (including the employer's share of Social
Security and Medicare Tax), the employer may:
1. Reduce each advance EIC payment proportionately; or
2. Elect to make full payment of the advance EIC amount and
have these full amounts treated as an advance payment of
the employer's tax liability.

Employee eligibility:
Employees are eligible to receive Advance Earned Income Credit
payments if they are eligible for EIC, and:
The employee's expected eamed income and adjusted gross
income each is less than $21,245. (This figure changes
annually. Check with IRS.)
If married, the employee must file a joint tax return or (if eligible)
as head of household.
The employee must not be able to exclude any income earned
abroad, housing expense exclusion or foreign housing expense
deduction.
The employee cannot be a qualifying child of another person
who is claiming the EIC.
The employee generally must have a child living with him/her
more than half the year, including time when the child is away at
school or on vacation. (The entire year for a foster child.)
A married child generally must be claimed as a dependent by
the employee.
The child must be under age 19 at the end of the year, a full-
time students under age 24, or permanently and totally
disabled.
Files a Form W-5 with his or her employer. The employee is
solely responsible for determining his or her eligibility when
filing a Form W-5.
An employee who files a Form W-5 and receives Advance
Earned Income Credit payments must file an IRS Form 1040,
Income Tax Return, at the end of the year. If he or she is
married, it must be a joint tax return.







Additional information (obtainable from the responsible
agency see below):
Circular E Publication 15, Employer's Tax Guide, Department of
the Treasury, Intemal Revenue Service (January 1991)
SEarned Income Credit, Publication 596, Department of the
Treasury, Internal Revenue Service (1990 Returns)

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 1-800-829-1040

Targeted Jobs Tax Credit Federal
Current law provides a Targeted Jobs Tax Credit for qualified
wages paid or incurred by employers for members of targeted groups
who begin work on or before June 30, 1992. This is a temporary
extension and Congress plans to re-examine this issue in the Spring of
1992.
Employers may utilize this tax credit if they employ individuals who
are classified as being in one of the following targeted groups:
1. Economically disadvantaged summer youth employees who are
16 or 17 years of age on the hiring date and who have not
previously worked for the employer;
2. Youth aged 18 through 22 from economically disadvantaged
families, (the definition of "Economically Disadvantaged" varies
with location);
3. Youth aged 16 through 19 from economically disadvantaged
families, who participate in a qualified cooperative education
program;
4. Handicapped persons referred to the employers from state
vocational rehabilitation or Veterans Administration Programs;
5. Vietnam-era veterans who are economically disadvantaged;
6. Ex-offenders who are economically disadvantaged and hired no
later than five years after release from prison or date of
conviction, whichever is more recent;
7. Recipients of Aid to Families with Dependent Children (AFDC)
who are eligible for AFDC on the hiring date and have received
it for 90 days immediately prior to being hired;
8. Recipients of Federal Supplemental Security Income (SSI) for at
least 60 days prior to certification.
9. Recipients of state and local general assistance payments for at
least 30 days.

Certification:
Cooperative Education Target Group certifications can only be
issued by a qualified school. All other target group certifications can be
processed by the Job Service of Florida. Job seekers may apply
directly to JSF or be referred by a prospective employer. If determined
eligible, a voucher is issued by JSF. Vouchers are good for 45 days.






The certification form provides the employer with all the evidence
needed to claim the tax credit. Employers claim the tax credit by filing
IRS Form 5884 with their income tax return.

Tax credit:
The tax credit can be taken for the first year of eligible employment
only. For most target groups, employers may claim a credit of 40
percent of first year wages up to $6,000 per employee. Employers are
allowed a maximum credit of $2,400 per employee the first year. For
economically disadvantaged summer youth employees, employers
may claim a credit of 40 percent of wages up to $3,000, for a maximum
credit of $1,200. The credit applies only to employees hired into a
business or trade. Maids, chauffeurs and other household employees
do not qualify for the credit.
In figuring business expenses for computing income tax, the
deduction for wage expenses is reduced by the amount of the tax
credit.

Limitations:
The Targeted-Jobs Tax Credit cannot be taken on wages paid
to an employee for any period you are receiving federal funds
for on-the-job training. However, the credit may be claimed on
certified employees after on-the-job training is completed.
Firms hiring individuals whose wages qualify for credit must
request certification prior to or on the date the individual starts to
work, i.e. the letter must be postmarked on or before the date of
hire. If the applicant has a voucher as evidence of eligibility
determination, the employer has five days to get the voucher in
the mail to request certification.
The employer must retain the employee on his payroll for at
least 90 days or 120 hours (14 days or 20 hours for summer
youth) to claim the credit for wages paid.
The tax credit is limited to 90 percent of the employer's federal
income tax liability after certain other credits are deducted.
Any unused tax credit can be carried back three years or
forward for fifteen years.

Additional Information (obtainable from the responsible
agency see below):
Circular E (Supplement) Publication No. 15, Employer's Tax
Guide.
Publication 906, Targeted Jobs Tax Credit.

Other Information:
Labor Bulletin No. 464, Florida Fruit and Vegetable Association,
Orlando, FL, December 28, 1988.
The Economic Recovery Tax Act of 1981: Provisions of
Significance 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 1-800-827-1040

Responsible agency (CERTIFICATION):
Florida Department of Labor and Employment Security
Division of Labor, Employment and Training
Bureau of Placement
1320 Executive Center Drive
Tallahassee, FL 32399
Phone: 904/488-9180

Local offices are listed in the telephone directory under:
Florida, State of
Labor and Employment Security, Department of
Labor, Employment & Training, Division of
Job Service of Florida

Employee Polygraph Protection Federal

Most private employers are prohibited from using lie detector tests
either for pre-employment screening or during the course of employ-
ment.
Federal, state and local governments are not affected by the law.
The act permits polygraph tests, subject to restrictions, of certain
prospective employees of security service firms (armored car, alarm,
and guard) and of pharmaceutical manufactures, distributors and
dispensers.
Those employees subject to polygraph tests have certain strict
rights including the conduct and length of the test, the right of written
notice, the right to refuse or discontinue a test and the right not to have
test results disclosed to unauthorized persons.

Posting Requirements:
All employers, even though they never require polygraph tests, are
required to display a poster (WH Publication 1462) in a prominent
place where all employees and job applicants can see it.

Responsible Agency:
U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, DC 20210

Local and area offices:
See Child Labor-Federal section.

Florida Landlord-Tenant Law:

The Florida Landlord-Tenant Law was amended in 1981 to include
housing which is provided to employees as an incidence of employ-
ment either with or without the payment of rent. If the dwelling unit is
furnished without rent as an incident of employment and there is no
agreement as to the duration of tenancy, the duration is determined by






the periods for which wages are payable, i.e. weekly, monthly.
A tenancy without a specific duration may be terminated by either
party giving written notice as follows:
Tenancy Notice
Yearly at least 60 days prior to end of annual
period
Quarterly at least 30 days prior to end of quarterly
period
Monthly at least 15 days prior to end of monthly
period
Weekly at least 7 days prior to end of weekly period
Chapter 83.43,83.46,83.47 Florida Statutes

Related Laws and Regulations
Right-to work:
The Florida Constitution guarantees that "...the right to work shall
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 a uniform interpretation as to what
constitutes compensable working time where travel time to and from
work is involved or where certain preliminary or postliminary activity
can be construed as work. In general, work starts at the work site
unless otherwise provided by contract, custom or practice.






Notes






Notes






Notes






























































COOPERATIVE EXTENSION SERVICE, UNIVERSITY OF
FLORIDA, INSTITUTE OF FOOD AND AGRICULTURAL SCI-
ENCES, John T. Woeste, 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 to provide research, educational
information and other services only to individuals and institutions that function
without regard to race, color, sex, handicap or national origin. Single copies of
extension publications (excluding 4-H and youth publications) are available free to
Florida residents from county extension offices. Information on bulk rates or copies
for out-of-state purchasers is available from C.M. Hinton, Publications Distribution
Center, IFAS Building 664, University of Florida, Gainesville, Florida 32611. Before
publicizing this publication, editors should contact this address to determine
availability. Printed 2/92.




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