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This public document was promulgated at a cost of
$3,314.40, or .166 cents per copy, to inform Florida farm
employers and employees of regulations that affect them.
1-20M-80



COOPERATIVE EXTENSION SERVICE, UNI-
VERSITY OF FLORIDA, INSTITUTE OF FOOD
AND AGRICULTURAL SCIENCES, K. R. IFAS
Tefertiller, director, In cooperation with the
United States Department of Agriculture, publishes
this Information to further the purpose of the May
8 and June 30, 1914 Acts of Congress; and Is authorized to provide
research, educational information and other services only to Indivi-
duals and Institutions that function without regard to race, color,
sex 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 publica-
tion, editors should contact this address to determine availability.









HISTORIC NOTE


The publications in this collection do
not reflect current scientific knowledge
or recommendations. These texts
represent the historic publishing
record of the Institute for Food and
Agricultural Sciences and should be
used only to trace the historic work of
the Institute and its staff. Current IFAS
research may be found on the
Electronic Data Information Source
(EDIS)

site maintained by the Florida
Cooperative Extension Service.





Copyright 2005, Board of Trustees, University
of Florida




Handbook of regulations affecting Florida farm employers and employees
ALL VOLUMES CITATION SEARCH THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
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Permanent Link: http://ufdc.ufl.edu/UF00028032/00005
 Material Information
Title: Handbook of regulations affecting Florida farm employers and employees
Series Title: Circular Florida Cooperative Extension Service
Physical Description: Serial
Language: English
Creator: Florida Cooperative Extension Service
Publisher: Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida
Place of Publication: Gainesville Fla.
Creation Date: 1980
Publication Date: [1976?-
Frequency: biennial
regular
 Subjects
Subjects / Keywords: Agricultural laborers -- Legal status, laws, etc -- Florida   ( lcsh )
Agricultural laborers -- Handbooks, manuals, etc -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
Dates or Sequential Designation: 1976-
Numbering Peculiarities: Chronological designation starts with 1980 issue.
General Note: Title from cover.
General Note: Some year's regulations also issued in Spanish ed.
Funding: Circular (Florida Cooperative Extension Service)
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 000924123
oclc - 15966129
notis - AEN4729
System ID: UF00028032:00005

Table of Contents
    Front Cover
        Page 1
    Table of Contents
        Page 2
    Main
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
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        Page 15
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        Page 21
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        Page 26
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        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
Full Text
January 1980

j-4


1980


Handbook of Regulations

Affecting Florida Farm

Employers and Employees


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


Circular 176







TABLE OF CONTENTS


PAGE

OCCUPATIONAL SAFETY AND HEALTH ACT
(OSHA)--Federal .. ...... ........ ........... 4
SOCIAL SECURITY--Federal .............. .... 6
FAIR LABOR STANDARDS ACT (MINIMUM
WAGE)--Federal ......... ......... ......... 8
CHILD LABOR--Federal. ........ .......... .... 9
CHILD LABOR--State ..................... 12
UNEMPLOYMENT COMPENSATION--State
and Federal ........ ......... ............. 13
FARM LABOR CONTRACTOR (CREW LEADER)
REGISTRATION--Federal .................... 16
FARM LABOR CONTRACTOR (CREW LEADER)
REGISTRATION--State ................. ... 18
ILLEGAL ALIENS--State ................... 20
FIELD SANITATION AND DRINKING WATER--
State ..... ............ .. .......... .. 20
FARM LABOR CAMPS--TEMPORARY--Federal. ..... 22
FARM LABOR CAMPS--SEASONAL LABOR--State... 24
MOTOR CARRIER SAFETY LAW--Federal. ........ 25
TRANSPORTATION--FARM WORKERS--State ......26
WORKER'S COMPENSATION--State ............. 27
INCOME TAX--Federal ................... . 29
HUMAN RIGHTS ACT OF 1977--State. ........... 29
ADVANCE EARNED INCOME CREDIT--Federal. .... 30
TARGETED-JOBS TAX CREDIT--Federal. ......... 32
WORK INCENTIVE (WIN) TAX CREDIT--Federal .... 33
RELATED LAWS AND REGULATIONS .......... 35



Acknowledgements

The author is indebted to Robert Emerson, Gary Fairchild.
Allison French, Clark Ghiselin and George Sorn for their review
and suggestions for improving this publication. The author is
also indebted to the many state and federal agency personnel
who reviewed the material and supplied the locations of regional,
state and local offices.
Appreciation is expressed to Kathy Carroll for the faithful and
patient typing of the drafts of this publication.



A Spanish edition of this handbook is available at the Coun-
ty Extension Office.







980 Handbook of Regulations Affecting
Florida Farm Employers and Employees


C. D. Covey*

The 1980 Handbook represents the second revision of the
original handbook which was published in 1976.
The number and complexity of federal and state laws which
govern the relationship between farm employers and their
employees continue to grow. The task of summarizing these
rules and regulations is complicated by a growing proclivity to
challenge these laws in the courts.
Most of the laws and regulations summarized in this publica-
tion were enacted and promulgated for the benefit of farm
employees. For this reason, farm workers should be aware of the
basic provisions of these laws designated to protect their safety
and well being. To this end, this publication is also printed in
Spanish.
This handbook is intended to provide a convenient reference to
the major provisions of the several state and federal regulations
which affect farm employers and employees. It reflects state and
federal laws as of September 1. 1979 as they apply to farm field
workers and not to workers considered non-agricultural, such as
packinghouse workers. This handbook is not intended to provide
answers to the more technical aspects of the laws summarized or
legal interpretations of questions of law. Its purpose is simply to
remind employers and employees of the fundamental provisions
of the laws which govern their relationships.

This handbook does not and should not substitute for specific
technical advice from responsible state and federal agencies,
knowledgeable grower associations, legal agencies, or other ex-
perts in the agricultural labor law field.

In a few instances farmers are subject to duplicate state and
federal laws such as Child Labor, Farm Labor Contractor (Crew
Leader) Registration, Farm Labor Camps and perhaps others.
Whenever the standards differ, the farmer must comply with the
higher or more restrictive standard.


ALTHOUGH THE INFORMATION CONTAINED
HEREIN WAS OBTAINED FROM RELIABLE SOURCES
AND IS BELIEVED TO BE CORRECT AS OF SEPTEMBER
1, 1979, IT DOES NOT CARRY THE FORCE OR INTENT OF
LAW AND THE AUTHOR ASSUMES NO LIABILITY
ARISING THEREUNDER.



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







OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)-
FEDERAL

Who must comply:

ny agricultural employer of one or more workers engaged in a
ness that affects interstate commerce. This act does not ap-
*) members of the farmer's family who work for him. (Annual
opriation bills for OSHA funding have, since October 1.
), excluded farmers who employ 10 or fewer persons at any
.ne during the previous 12 months from both the enforcement
nd promulgation of OSHA standards. This exclusion does not
apply to farmers who operate migrant labor camps. Check with
he area OSHA office to determine if this exclusion is currently
in force).

All employers must:

Inform employees of regulations and display relevant posters.
Report deaths or serious injuries of five or more employees in
the same accident within 48 hours (also see reporting re-
quirements under Workers' Compensation).

Employees of 11 or more workers during the preceding
year must:
*Keep required records of occupational injuries and illnesses.
*Display the Log and Summary of Occupational Injuries and
Illnesses, OSHA Form No. 200 during February each year in a
place where workers may see it.
*Comply with the general duty clause on providing a work
place free from recognized hazards and comply with the specific
agricultural standards for:
a) Slow moving vehicle emblems.
b) Logging and pulpwood operations.
c) Storing and handling anhydrous ammonia.
d) Rollover protection structures (ROPS) and seatbelts on cer-
tain tractors.
e) Labor camps.
f) Guarding of farm machinery.


Employee must:

Comply with all safety and health regulations which are ap-
plicable to his own actions and conduct.

additional information (obtainable from the responsible
,lency see below)
,OSHA 2001, The Occupational Safety and Health Act of
70, P.L. 91-596.
-OSHA 2069. Ley De Seguridad Y Salud Ocupacionales De
70, P.L. 91-596.
,OSHA 2203, (Poster) Job Safety and Health Protection.
-OSHA 2200. (Poster) Seguridad Y Proteccion De La Salud En
Trabajo.






*BLS Report 412-2. What Every Emphloer \eeds, to Knom
About OSHA Recordkeeping.
*BLS, Recordkceping Requirements under the O(ccupational
Safety and Health Act of 1970.
*OSHA 2209. OSHA Handbook for Small Businesses.
*OSHA 2056. All About OSHA.
*OSHA 2098. OSHA Inspections.
*OSHA 2253. Workers Rights Under OSHA.
*OSHA 2210, El Empleado Y OSHA.
*OSHA 2227, Essentials of Machinery Guarding.
*OSHA 2237. Handling Hazardous Materials.
*OSHA 2256. Guarding of Farm Field and Farmstead Equip-
ment and Cotton Gins.
*Order No. 008923. (Film) Hand signals for Agriculture.
*OSHA 2297, OSHA Requirements for Agricultural Machine
Guarding Standards (Audio-Slide Set).


Other Information:

*Tractor Safety Brochure, Florida Farm Bureau Federation,
P. O. Box 730, Gainesville, FL 32602.
*Working Safety with Pesticides, GPA #1733-00126-0.
Superintendent of Documents, U. S. Government Printing Of-
fice, Washington, D.C. 20402. .55C.
*A course to familiarize employers and employees with OSHA
is offered, upon request, through Valencia Community College.
Orlando. Phone: 305/299-5000, Ext. 296.
*Free inspections, without penalties or citations, are given by
the Florida Department of Labor and Employment Security.
Division of Labor. Contact Bureau of Industrial Safety, 1321
Executive Center Drive, East, Room 216 Ashley Building,
Tallahassee, FL 32301. Phone: 904/488-3044.
*Free inspections are offered by most major casualty in-
surance carriers.
*English and Spanish Employee Operating Instruction
stickers for tractors are available from some county Extension
offices and from the Florida Fruit and Vegetable Association.
*For additional information contact the nearest OSHA area
office or the Extension Safety Leader, Department of
Agricultural Engineering, IFAS, University of Florida,
Gainesvile, FL 32611. Phone: 904/392-2468.



Responsible agency (administration and enforcement):

U.S. Department of Labor
Occupational Safety and Health Administration


Regional office:
Suite 587
1375 Peachtree Street, N.E.
Atlanta, GA 30309
Phone: 404/881-3573







Area offices:
299 E:. B reward Bl vd.
Room :101
Ft. Lauderdale, FI ::33:0 1
Phone: 305'527-7292

2809 Art Museum I)rive
Suite 4, Art Museum Plaza
Jacksonville. FL 32207
Phone: 904,791-2895

Room 624
700 Twiggs Street
Tampa, FI, 33602
Phone: 813"228-2821

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

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

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

Note: The U.S. Secretary of Labor is currently under court
order to complete and put into effect "as soon as possible" a field
sanitation standard for agricultural workers.

SOCIAL SECURITY-FEDERAL

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

Employers must:

*Withhold 6.13 percent of employee's cash wages (including
the initial 8150) and add an equal amount as the employer's con-
tribution (during 1979 the tax is limited to the first 822,900 of
annual wages).
*Under existing law the rate will remain at 6.13 percent but
the taxable wage limit will increase to 825.900 of annual wages
on January 1, 1980. On January 1, 1981. the rate will increase to
6.65 percent and the taxable wage limit will increase to 829.700.





*Employers having an undeposited liability of S200 or more of
withheld income taxes and social security deductions at the end
of the previous month, must deposit these funds in a Federal
Reserve Bank or authorized commercial hank usually by the
15th of the following month. Deposits must he accompanied by
Form 511. Federal Tax Deposit. Employers with an undeposited
liability of over S2,000 weekly must make deposits weekly (sep
schedule of deposit dates in the Farmer's Tax Guide for the cur-
rent reporting year).
*Provide each employee with a Form W\-2. Wage and Tax
Statement. showing the amount of earnings, income tax
withheld, and amount of Social Security deductions by January
31.
*File Form W-3 Transmittal of Income and Tax statements.
and attach copies of each employee's Form W-2 with the Social
Security Administration. Bureau of Data Processing. P. O. Box
17048, Baltimore. MD 21235 by February 28th of each year.
*Prepare and file Form 943, Employer's Annual Tax Return
for Agricultural Employees. with the Internal Revenue Service
by January 31st of each year.
*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 agricultural labor.
3) Any amount deducted as employee social security tax.
4) The number of days the employee performed agricultural
labor for cash wages.
5) The amount, if any, of income tax withheld.
6) The amount of noncash wages paid (for income tax purposes
only).


Self employed farmers:

Self employed farmers who report a net income of $400 or more
from the farming operation must contribute to Social Security.
The contribution rate in 1979 is 8.1 percent of annual net earn-
ings up to S22,900. Effective January 1. 1980. the contribution
rate will remain at 8.1 percent but the income limit will increase
to $25.900. If a farmer also earns wages which are subject to
Social Security deductions, he will contribute on his self employ-
ment income until the combined earnings reach the currently ap-
plicable income limit. On January 1, 1981. the tax rate on self
employment income will increase to 9.3 percent and the taxable
limit will increase to 829.700.


Additional information:

Circular A, Agricultural Employer's Tax Guide. Department
of the Treasury. Internal Revenue Service.


Responsible agency:
U.S. Department of Health, Education and Welfare
Social Security Administration






Local offices are normally li-ted in the teleplhne book under:

U.S. government t
Social Security Administration
Enforcement ot the Social Security Act is under the Internal
Revenue Service.

FAIR LABOR STANDARDS ACT (MINIMUM WAGE)-
FEDERAL
Who must comply:

Any farmer who hired 500) man-days of labor during any calen-
dar quarter of the preceding year IEquivalent of about seven full-
time employees working five days a week).
The following employees are included in the 500 man-day test.
but are excluded from minimum wage requirements:
a) Employees who must be available at all hours to care for
range livestock.
b) Employees under 16 years who work with their parents in
hand harvesting crops and are paid on the same piece rate basis
as their parents.
The following employees are excluded from both the 500 man-
day and minimum wage requirements:
a) Employer's immediate family.
b) Employees who
*are paid on a piece rate basis AND
*were employed in agriculture as hand harvest laborers
fewer than 13 weeks in previous year AND
*commute to work daily (non-migrants).

Employers must:

*pay at least minimum wage to all covered employees (cur-
rently S2.90 per hour; $3.10 after January 1, 1980 and $3.25 after
January 1, 1981).
*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 pro-
duction.
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., $3.50 per hour, S30.00
per day or piece work.
8) Hours worked each-work-day and total hours worked each
work week.
9) Total daily or weekly earnings.
10) Total additions to or deductions from wages with an ex-
planation of each.






11) Total wages paid each pay period.
12) Date of payment and pay period covered by payment.
*Have on file a statement from each exempt piece rate
employee showing the number of weeks employed in agriculture
during the preceding year.
*Have on file the date of birth and the parent's name for each
exempt minor paid on a piece rate basis.
*Maintain a file showing the full name, present and permanent
address, and date of birth of any minor under 18 who works
when school is in session or works in a hazardous occupation.

Employers may:

Deduct the cost of goods and services they supply to
employees, but not more then the reasonable cost or fair value.
Deductions for labor contractor's (crew leader) services cannot
drop the employee's earnings below minimum wage.

Additional information (obtainable from the responsible
agency-see below)
*WH Publication 1282, Handy Reference Guide to the Fair
Labor Standards Act.
*WH Publication 1161, Farm Workers and the Fair Labor
Standards Act.
*WH Publication 1344. Hours Worked Under the Fair Labor
Standards Act.
*WH Publication 1261, Records to be kept by Employers
under the Fair Labor Standards Act of 1938, as amended.
*WH Publication 1223, Regulations, Part 519: Employment of
Full-Time Students at Subminimum Wages.
*WH Publication 1088 (Poster), Attention Employees.
*WH Publication 1386 (SP)(Poster) EMPLEADOS
AGRICOLAS.

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

Area offices:
See Child Labor-Federal section.

CHILD LABOR FEDERAL

Who is exempt:

*Minors under 16 employed by their parents on their parents'
farm.
*Minors 12 through 15 employed by persons other than their
parents if the occupation has not been declared hazardous and
the employment is outside school hours (see further restrictions
on 12 through 15 year olds listed below).






*Minors 14-15 years of age who have undergone specific train-
ing and obtained a certificate may be employed to perform cer-
tain hazardous occupations.
Examples of farm related hazardous occupations are:
*Handling or applying anhydrous ammonia or other specified
chemicals.
*Handling or using explosives.
*Operating, driving or riding on a tractor with more than 20
belt horsepower.
*Operating or riding on a self-unloading feeder wagon.
*Operating or riding on a rotary tiller, dump wagon or forklift.
*Operating or unclogging a power driven combine, corn picker,
etc.
*Operating a power driven post hole digger or power saw.
*Working around timber with a butt diameter of more than six
inches.
*Working from a ladder or scaffold more than 20 feet high.
*Working inside a fruit, forage or grain bin or silo under cer-
tain conditions.
*Working in pen, yard or stall with a bull. boar or stud horse.



Restrictions on employment of children under 16:

Minors 14 and 15 may not be employed:
*During school hours except for those enrolled in certain work
training programs.
*Before 7 a.m. or after 7 p.m. from Labor Day through June 1.
*More than three hours a day on schooldays.
*More than 18 hours a week when school is in session.
*More than eight hours a day on non-school days.
*More than 40 hours a week when school is not in session.
Minors 12 and 13 may not be employed:
*Except under the same restrictions as a 14 or 15 year
old AND ADDITIONALLY
*Except with the consent of his parent or guardian or if the
parent or guardian is employed on the same farm.
Minors under 12 may not be employed:
*Except outside school hours and only by a parent on a
parent's farm, or with the consent of his parent on a farm on
which no other worker is covered by minimum wage provisions.
Upon application, waivers may be issued permitting 10 to 11
year-old minors to work in hand harvesting of short-season crops
provided the employer complies with the minimum entry times
for certain specified pesticides.



Employers must:
eKeep a minor employee's age or employment certificate on
file.
*Observe wage and hour provisions of the Fair Labor Stan-
dards Act.
*Not permit minors under age 16 to perform tasks declared
hazardous by the Secretary of Labor.







Minor employees must:
*Provide their employer with a Work (Employment) Cer-
tificate obtained from local school officials. (Applicable only
when school is in session).


Other Information:
*Contact Extension Safety Leader. Department of
Agricultural Engineering, IFAS, University of Florida.
Gainesille. FL 32611. Phone: 904/392-2468.


Additional Information (obtainable from the responsible
agency-see below)

*WH Publication 1338. Young Farm Workers and the Fair
Labor Standards Act.
*Child Labor Bulletin No. 102. Child Labor Requirements in
Agriculture under the Fair Labor Standards Act.


Responsible agency:

Regional Office:
U. S. Department of Labor
Wage and Hour and Public Contract Division
1376 Peachtree Street, N. E.
Atlanta, GA 30309


Area offices:
215 Romark Building
3521 West Broward Blvd.
Ft. Lauderdale, FL 33312
Phone: 305/792-5310 Ext. 251

Suite 121
3947 Boulevard Center Drive
Jacksonville, FL 32207
Phone: 904/791-2489

Room 437
Federal Building
80 N. Hughey Street
Orlando, FL 32801
Phone: 305/420-6471

Room 202
1150 Southwest First Street
Miami, FL 33130
Phone: 305/350-5767

Suite 617
700 Twiggs Street
Tampa, FL 33602
Phone: 813,228-2154







CHILD LABOR-STATE
Who is exempt:
*Minors employed by a parent on the parents' farm if the oc-
cupation is not considered hazardous and the employment is out-
side school hours.
*Minors under 16 employed by a parent on the parents' farm
during school hours must obtain an employment certificate from
local school officials.
Minors 15 and younger may not work (hourly limits do not apply
if minor working for parents on parents' farm):
*More than 40 hours per week.
*More than six days in one week.
*More than 4 hours on days preceding a day when school will
not be in session.
*Between 9 p.m. and 6:30 a.m. (Minors 14 and 15 may work
between 6:30 a.m. and 11:00 p.m. on days preceding a day when
school will not be in session. Minors 16 and 17 may work between
5 a.m. and 11 p.m. on days preceding a day when school will be in
session and between 5 a.m. one day and 1 a.m. the next day
when school will not be in session the next day).
*In hazardous occupations. Minors 15 years-or younger are
prohibited from working in the following occupations:
1) In connection with power driven machinery except power
mowers with cutting blades 40 inches or less.
2) In mines or quarries.
3) Manufacturing, transporting, or using explosives or highly
inflammable material.
4) In sawmills or logging operations.
5) On any scaffolding.
6) In heavy work in the building trade.
7) In repairing elevators or other hoisting equipment.
8) In operating meat grinding machines, dough brakes, or
mixing machines.
9) Operating emery or polishing wheels, punch presses,
stamping machines, and power driven laundry or dry cleaning
machines.
10) In the manufacturing of paint.
11) In spray painting or spraying of insecticides or other toxic
substances.
12) Alligator wrestling or in connection with snake pits.
13) In the operation of a motor vehicle, except that 14 and 15
year old minors may drive tractors on their parents' farm and 14
and 15 year old minors who have completed a recognized train-
ing course in tractor operation may drive tractors under the
close supervision of the farm operator.

Employer must:

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








Related information:

*Florida Child Labor Law 1978. Questions and Answers.
Florida Department of Labor and Employment Security, Divi-
sion of Labor.
*Labor Bulletin. No. 339. Florida Fruit and Vegetable Associa-
tion. October 31. 1974.
*Chapter 450.061 Florida Statutes.

Responsible agency

Florida Department of Labor and Employment Security
Division of Labor
Office of Child Labor
1321 Executive Center Drive. East
Tallahassee. Florida 32301
Phone: 904/488-1702

District offices:

Suite 380, State Office Building
215 Market Street
Jacksonville, Florida 32202
Phone: 904/353-5625

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

Hillsborough County Regional Service Center
1313 Tampa Street
Tampa, Florida 33602
Phone: 813/272-3793

Orlando Regional Service Center
400 W. Robinson Street
Orlando, Florida 32803
Phone: 305/894-3681

Room 390
401 N.W. 2nd Avenue
Miami, Florida 33128
Phone: 305/445-7921


UNEMPLOYMENT COMPENSATION-STATE
AND FEDERAL

Who must comply:

Any employer of farm workers who, either has in the current
calendar year or had in the preceding calendar year
a) a payroll of at least S20.000 in any calendar quarter, OR
b) ten (10) or more employees for some portion of a day in
twenty (20) or more weeks during the year.
Depending upon the circumstances, the farm operator or the
crewleader may be the employer. The farm operator is the
employer under these circumstances:






a) The individual is an employee of the farm operator under
common law rules of master and servant.
b) 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 an employer.
c) 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:
a) The crew leader holds valid certification of registration
under the Farm Labor Contractor Registration Act of 1963.
b) Substantially all crew members operate or maintain trac-
tors. mechanized harvesting or crop-dusting equipment, or any
other mechnized equipment provided by the crew leader.
c) The employee is not an employee of any other person under
common law rules of master and servant.



Employers must:

a) Pay unemployment compensation tax on the first 86,000 of
annual payroll earnings for each employee. There are two parts
to the tax; federal and state.
1) The effective FEDERAL tax is 0.7 percent of the first
$6,000 of annual payroll of each employee. (The actual federal
tax is 3.4 percent less a credit of 2.7 percent if the employer pays
the state tax by January 31st of the following year).
2) The STATE tax will vary depending on the experience
rating of the individual farm employer. Farm employers without
an experience rating will pay 2.7 percent of the first $6,000 of an-
nual payroll of each employee for ten calendar quarters. At the
end of the eighth calendar quarter the rating process will be
started and taxes paid in the 11th quarter and subsequent
quarters will be based on the experience rating. Experience
ratings are recalculated annually thereafter. The current max-
imum tax rate payable in Florida is 4.5 percent to which must be
added the 0.7 percent federal tax.
b) Submit tax and wage reports as required. The employer's
Quarterly Tax and Wage Report (Form UCT-6) is due the first
day of the first month following the end of the calendar quarter.
Penalty and interest charges are due if the Tax and Wage Report
is filed after the last day of the first month following the quarter.
The Tax and Wage Report form, which is sent to each liable
employer at the end of each quarter, provides for listing each
employee's name, social security number, number of weeks
worked in the calendar quarter, and the gross wages paid.
c) When a former employee submits an unemployment benefit
claim, most recent employers will be notified from the local office
on Form UCB-4, Notice of Claim Filed. The employer has five
days to furnish the local office information about the job separa-
tion which may be disqualifying (see list below). Other employers
will also be notified of the claim by the central office on Form
UCB-12. The employer has ten days to furnish the central office
with information about the separation which may be disqualify-
ing. If the employer fails to reply within the prescribed period






concerning a disqualifying separation the claim may be charged
against his experience rating and result in a higher tax rate in
the future.
d) Display, in a place where all employees can see it. the poster
"To Employees" (FDC Form BUC-83 in English or FDC Form
BUC-83S in Spanish).
e) Have records available for inspection at any reasonable
hour during the business day and maintain records for a period
of five calendar years.


Employee eligibility:

In addition to being unemployed, able and available for work.
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 preceding the filing date of the
worker's initial claim.
Wage Credits-To be eligible a claimant must have average
weekly wages of S20 or more during base period and have total
base period wages equal to at least 20 times his average weekly
wage ($400 or more).



Employee claims:

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


Additional information (obtainable from the responsible
agency--see below).

*LES UC Bulletin 2, Florida Employer, Information on the
Florida Unemployment Compensation Law. (Revised 9/78).
*LES UC Bulletin 1, Unemployment Insurance, For Workers
Under the Florida Unemployment Compensation Law (Revised
7/78).
*Bureau of Unemployment Compensation. Florida Unemploy-
ment Compensation. Employer Handbook (Revised 10/77).






Other information:


*Labor Bulletin No. 361, Florida Fruit and Vegetable Associa-
tion, August 1977.
*Labor Bulletin No. 364 Florida Fruit and Vegetable Associa-
tion. October 1977.
*Unemployment Compensation--State and Federal. Citrus In-
dustrial Council, November 1977.
*Unemployment Compensation for Florida Farm Workers,
Food and Resource Economics Fact Sheet No. 12. IFAS, Univer-
sity of Florida, November 1977.
*Floridagriculture Magazine, Vol. 36. No. 12, December 1977.
*Chapter 443, Florida Statutes.
Responsible agency:

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

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

FARM LABOR CONTRACTOR (CREW LEADER)
REGISTRATION-FEDERAL

Who must comply:

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

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

Contractor (Crew Leader) must:

1) Register and receive a Certificate of Registration annually
with the U.S. Department of Labor. Certificates of Registration
expire on December 31st each year. If the certificate is applied
for prior to December 1st, the contractor can legally work after
January 1st if he has not received a new Certificate of Registra-
tion by that date.






2) Provide proof of liability insurance coverage as required
and if contractor or employee of contractor plans to drive a vehi-
cle to transport migrant workers, submit a doctor's certificate
and evidence of appropriate license to operate such vehicle.
3) Submit written proof that any housing facilities which he
owns or controls and uses for housing migrant workers complies
with Federal and State health and safety standards.
4) Ensure that all full-time or regular employees of a certified
labor contractor who engage in recruiting, soliciting, hiring, fur-
nishing. or transporting migrant workers for the labor contrac-
tor obtain a Farm Labor Contractor Employee Identification
Card.
5) Carry certificate of registration at all times.
6) At the time of recruitment, inform each worker in writing
and in the language in which the worker is most fluent the follow-
ing:
a) Where he will be working.
b) Crops and operations on which he will be employed.
c) Transportation, housing and insurance to be provided.
d) Wage rates.
e) What the Crew Leader charges for his services.
f) Period of employment.
g) Existence of strikes at place of employment.
h) Any commission ("kickback") arrangements between
Crew Leader and any local merchants dealing with workers.
7) Upon arrival at the place of employment, post the condi-
tions of employment in the language in which the worker is most
fluent in a place where all can see them. Workers must be in-
formed of all changes in conditions of employment.
8) If the contractor owns, manages, supervises or controls
the housing facilities, post the terms and conditions of occupan-
cy.
9) Promptly pay farm workers and furnish each worker with
a written statement showing:
a) Gross earnings.
b) Itemization of the amount and purpose of each deduction.
c) Net earnings.
d) Amount received by contractor "on behalf of such
migrant worker."
e) Amount contractor received "on account of the labor of
such migrant worker."
10) Furnish a copy of the payroll records to the person who
engages the services of the contractor.
11) Refrain from knowingly recruiting, employing, or utilizing
the services of illegal aliens and evidence a bona fide inquiry of
each employee's status as a U. S. citizen or as a person lawfully
authorized to work in the United States.

Responsibilities of persons who use contractors:
1) Must use a currently registered labor contractor (cer-
tificates of registration expire on December 31st of each year).
2) Maintain or obtain payroll and other required information
from the contractor.
3) Recent court decisions indicate that persons who use labor
contractors may be held to be joint employers with the contrac-
tor and could be held accountable for actions of the contractor.






Additional information (obtainable from the responsible
agency-see below)
*WH Publication 1369, Regulations. Part 40: Farm Labor
Contractor Registration, Subpart A--Registration, Subpart
B--Administrative Proceedings (Rev. 6/78).
*WH Publication 1389, Farm Labor Contractor Registration
Act of 1963. As amended (Rev. 5/77).

Related information:
*Labor Bulletin No. 346, Florida Fruit and Vegetable Associa-
tion, November 1975.
*An Interpretation of the Crew Leader Registration Law, Leo
Polopolus, Staff Paper No. 133, Food and Resource Economics
Department, IFAS, University of Florida, September 1979.
eFederal Register, Vol. 41, No. 126, June 29, 1970. pp.
26819-26832.


Responsible agency:
Farm Labor Contractor REGISTRATION is obtained from
the local office of:
Florida Department of Labor and Employment Security
Division of Employment Security
Rural Manpower Service
215 N. Duval Street
Tallahassee, FL 32302
Phone: 904/488-3131

Local offices can be found in the telephone directory under:
Florida, State of
Labor and Employment Security, Department of
Employment Security, Division of
State Employment Service


COMPLIANCE AND ENFORCEMENT is by the:
U. S. Department of Labor
Employment Standards Administration
Wage and Hour Division
1371 Peachtree Street, N. E.
Atlanta, GA 30309

Area Offices (see Child Labor Section).



FARM LABOR CONTRACTOR (CREW LEADER)
REGISTRATION-STATE

Who must comply:
1) Any person who, for a fee or other valuable consideration,
recruits, transports, supplies or hires at any one time in any
calendar year 10 or more farm workers to work for or under the
direction, supervision or control of a third person, or





2) Any person who recruits, transports, or hires 10 or more
farm workers and then for a fee directs, supervises, or controls
the work of such workers.

Exceptions:

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

Contractor must:

1) Obtain a certificate of Registration from the Florida
Department of Labor and Employment Security.
2) Provide Workers' Compensation Coverage.
3) Provide liability insurance coverage on all vehicles.
4) Provide a valid safety inspection sticker, from the state in
which the vehicle is registered, for each vehicle used to transport
employees.
5) Carry his Certificate of Registration at all times and exhibit
it when requested.
6) Promptly pay monies due workers and semi-monthly pre-
sent each worker with a completed Notice of Payment, which
should include the employer's name and federal employment
identification number.
7) Retain for two years a copy of each Notice of Payment and
other required payroll information.
8) Comply with regulations limiting payroll deductions.
9) Display at the place of work and on all vehicles a copy of his
application form and a Work Conditions statement indicating in
English and Spanish, if necessary, the rate of compensation from
the grower and the rate of compensation he is paying his
workers.
10) Furnish the Division of Employment Security with a set of
his fingerprints.

Responsible agency--enforcement and registration:

Florida Department of Labor and Employment Security
Division of Employment Security
Rural Manpower Service
215 N. Duval Street
P. O. Box 1698
Tallahassee, FL 32302
Phone: 904/488-3131

NOTE: Florida law provides for the repeal of this law when an
agreement is finalized between the Department of Commerce
(Department of Labor and Employment Security) and the
United States Secretary of Labor which provides that the
Department of Labor and Employment Security shall have the
authority to administer registration, certification, compliance,
and enforcement of the Federal Farm Labor Contractor
Registration Act of 1963, as amended, including full funding
under the Federal law for such activities.






ILLEGAL ALIENS-STATE

Who must comply

Any person is in violation of the act if he knowingly employs.
hires, recruits or refers an alien who is not duly authorized to
work in the United States.
No provisions were included in this 1977 law to develop im-
plementing regulations. The law is enforced in the same manner
as any statutory law. Enforcement is the responsibility of the
local State Attorney's office.
Penalties for the first conviction are considered noncriminal
and subject to a fine of up to $500. The second conviction and
each subsequent conviction shall be considered a misdemeanor
of the second degree and subject to fine and imprisonment.

Other information:

Chapter 448.09 Florida Statutes.

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


FIELD SANITATION AND DRINKING WATER-STATE

Who must comply:
Employers of agricultural field workers must comply if the
workers are employed for 4 or more hours in one location and the
place of employment is not within a temporary or permanent
structure.

Employer must:

Provide facilities including toilets, handwashing facilities and
potable drinking water.
*Where nine (9) or less workers are engaged in one location,
toilet and handwashing facilities need not be in close proximity
to the location where work is performed so long as such facilities
are made available to workers, e.g. transportation to such
facilities is available.
*Where ten (10) or more workers are employed in one location
at one time, at least one (1) toilet and handwashing facility shall
be provided at the location for each forty (40) workers or fraction
thereof.
*When it is not possible to comply with the above requirement
because of physical or terrain conditions, toilet and hand-
washing facilities shall be located at the point of vehicular access
closest to the workers.
*Toilet facilities shall be constructed and maintained in accor-
dance with Florida Administrative Code 10D-6 and 10D-9, which
provides in part:
a) They shall be portable, self-contained, and exclude flies
from the waste container.
b) Waste container shall be watertight and con-
structed of non-absorbant, acid-resistant, noncorrosive,
easily cleanable material.






c) Floors and interior walls shall have a nonabsorbant
finish and be easily cleanable.
d) Toilet tissue shall be provided and units for male use pro-
vided with urinals.
e) Waste containers shall be completely emptied,
thoroughly cleaned and disinfected at least twice weekly.
f) The inside of toilets shall be cleaned and disinfected each
time the waste container is emptied.
*Sludge and/or contents from septic tanks, grease traps, tem-
porary privies or similar waste disposal appurtenances shall be
disposed of by treatment methods approved by the local Health
Department or by burial, incineration, or sanitary landfill when
approved by the local Health Department. Disposal into
drainage ditches or surface waters is prohibited.
*Each operator must annually obtain a dumping permit from
the local Health Department. The following evidence must be
provided to obtain a permit:
a) That equipment is adequate and in good repair. Equip-
ment shall be inspected and approved by the local Health
Department.
b) Permanent address of the business and location of equip-
ment.
c) Satisfactory and acceptable method and place for waste
disposal. If an employer contracts with a licensed septic
tank firm to service his units, the employer may not have
to obtain a dumping permit. See your local Health
Department.
d) 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. Individual prepacked
towelettes moistened with a cleansing agent may be substituted
for required handwashing facilities. A container shall be provid-
ed for used towels, and the waste 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 Chapter 17-22 Florida Ad-
ministrative Code. Water shall be provided in containers con-
structed of smooth, impervious, corrosion resistant material and
shall be marked with the words "Drinking Water" in English
and if necessary, the prevalent native language of the workers.
Single service cups shall be provided unless water is dispensed
from a fountain equipped with an angle jet outlet. Ice used for
cooling water shall be made from potable water and shall be
handled in a sanitary manner.



Related information:

Chapter 381.031 Florida Statues
Chapter 10D-6.29, 10-D9.23 (21), 10D-10.24 (4) Florida Ad-
ministrative Code
Florida Fruit and Vegetable Association, Labor Bulletin, No.
360. April 22, 1977
Floridagriculture Magazine, Vol. 36, No. 9, September 1977.






Responsible agency:

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

Requests for information concerning:

Permits, compliance, and other problems should be referred to
the local County Health Department.
Note: The U. S. Secretary of Labor is currently under court order
to complete and put into effect "as soon as possible" a field
sanitation standard for agricultural workers.



FARM LABOR CAMPS-TEMPORARY--FEDERAL

There are currently two federal laws which could apply to farm
labor camps. The U. S. Department of Labor Employment and
Training Administration (ETA) housing standards (20 CFR part
620) have been reinstated while the Department of Labor is in a
rulemaking process. Operations of certain temporary farm labor
camps are also subject to the housing standards of the U. S.
Department of Labor, Occupational Safety and Health Ad-
ministration (OSHA) (29CFR 1910.142).

Who must comply:

Employers who house one or more farm workers and use the
Employment Service to obtain workers from outside the local
area must comply with either the ETA or OSHA standards.
OSHA contends that any grower who houses the temporary
workers must comply with OSHA housing standards. Farm
employers, on the other hand, contend that they are not subject
to OSHA standards if they do not require their employees to live
in their housing as a condition of employment or by practical
necessity. As of September 1, 1979, this issue has not been
resolved by the courts.
r : Employers who house one or more temporary farm workers
Sbut do not use the Employment Service to obtain workers from
outside the local area must comply with OSHA standards if the
use of such housing is a condition of employment or by practical
necessity.

Employers must:

Meet minimum Federal State and local housing standards.
Both ETA and OSHA standards specify requirements for:
1) Housing site.
2) Shelter requirements.
3) Water supply.
4) Toilet facilities.
5) Sewage disposal facilities.
6) Laundry, handwashing and bathing facilities.






7) Lighting.
8) Refuse disposal.
9) Construction and operation of kitchLens. dining hall and
feeding facilities.
10) Insect and rodent control.
II First aid.
12) Reporting communicable diseases.


Related information:

*OSHA 2206. General Industry. OSHA Safety and Health
Standards (29 CFR 1910) (Revised January 1976).
Safety and Health Standards for Agriculture. U. S.
Department of Labor, Occupational Safety and Health Ad-
ministration.
*Labor Bulletin No. 339. Florida Fruit and Vegetable Associa-
tion. October 1974.
*Differences in Provisions of Florida Housing Code and U. S.
Department of Labor Housing Regulations (ETA), Citrus In-
dustrial Council. July 1973.


Responsible agency:

U. S. Department of Labor
Occupational Safety and Health Administration


Regional office:

Suite 587
1375 Peachtree Street, N.E.
Atlanta, GA 30309
Phone: 404/881-3573

Area and field offices:

See OSHA Section

U. S. Department of Labor
Employment Standards Administration
1371 Peachtree Street, N. E.
Atlanta, GA 30309
Phone: 404/881-4801
There is also a responsibility for compliance and pre-
occupancy inspection with the:
Florida Department of Labor and Employment Security
Division of Employment Security
Rural Manpower Services
214 N. Duval Street
Tallahassee. FL 32302
Phone: 904/488-3131
Local offices can be found in the telephone directory under:
Florida, State of
Labor and Employment Security. Division of
Florida State Employment Service.







FARM LABOR CAMPS-SEASONAL LABOR-STATE
Who must comply:
Anyone who operates a labor camp for five or more seasonal.
temporary or migrant workers.

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

Occupants must:

1) Use the sanitary and other facilities provided.
?) Comply with all applicable camp regulations.

:ted information:

lorida Statutes 381
,rida Administrative Code 10D-25
,erences in Provisions of Florida Housing Code and U. S.
.ment of Labor Housing Regulations (ETA), Citrus In-
ial Council. July 1973.
*Labor Bulletin No. 339. Florida Fruit and Vegetable Associa-
:on, October 31. 1974.

Responsible agency:

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

Requests for information concerning:

Permits, compliance, or other problems should be referred to
the local County Health Department.






MOTOR CARRIER SAFETY LAW-FEDERAL


Who is exempt:

*Any 18 year old or older operator of a farm vehicle with a
gross weight of 10.000 pounds or less.
*Any 18 year old or older operator of a farm vehicle with a
gross weight of over 10,000 pounds when the vehicle is within
150 miles of the farm.
*Any 18 year or older operator of a vehicle transporting
machinery or supplies to or from a farm for custom harvesting or
transporting custom harvest crops from the farm to storage or
market.

Operator qualifications:

There are 12 qualifications a non-exempt driver must meet.
The following is a sample of these qualifications:
*Be at least 18 years old.
*Be able to speak and read English.
*Pass a physical examination.
*Pass a written examination.
No person shall drive any motor vehicle carrying migrant
workers unless he meets the following minimum qualifications:
*No mental, nervous, organic or functional disease likely to in-
terfere with safe driving.
*No loss of foot, leg, hand or arm.
*No loss of fingers, impairment of use of foot, leg, hand,
fingers, arm or other structural defects or limitations likely to in-
terfere with safe driving.
*Visual acuity of at least 20/40.
*Ability to distinguish the colors red, green and yellow.
*Hearing not less than 10/20.
*Shall not be addicted to the use of narcotics or habitforming
drugs, or to excessive use of alcoholic beverages or liquors.

Related information:

*Federal Register, Vol. 36, No. 246, December 22, 1971.
*49 CFR Part 391, Part 398.

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

Area offices:

Federal Building. Room 121
500 Zack Street
Tampa, FL 33602







Federal Building
P. O. Box 1523
Marianna, FL 32446
Phone: 904/526-2058

400 W. Bay Street
P. O. Box 35084
Jacksonville. FL 32202
Phone 904'791-2498

Room 122, F. A. A. Building
Miami International Airport
P. O. Box 593294-AMS
Miami, FL 33159
Phone: 305/526-2921


TRANSPORTATION-FARM WORKERS-STATE

Who must comply:

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

Transporter must:

Comply with Chapter 316.620 Florida Statutes which covers
such things as:
1) Safe tires.
2) Passenger compartment construction.
3) Protection from the weather.
4) Emergency exits.
5) Communication between passenger and driver.
6) Adequate exits and entrances.
7) Seats.
8) Heaters.

Related information:

*Chapter 316.003 and 316.620 Florida Statutes
*Labor Bulletin No. 339, Florida Fruit and Vegetable Associa-
tion, October 31, 1974.

Responsible agency:

Florida Department of Highway Safety and Motor Vehicles
Neil Kirkman Building
Apalachee Parkway
Tallahassee, FL 32301

Local offices are listed in the phone book under:
Florida, State of
Highway Patrol






WORKERS' COMPENSATION-STATE

Who must provide coverage:

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


Employer must:

*Purchase Workers' Compensation insurance from an in-
surance carrier, qualify as a self-insurer, or join a group self-
insurers fund. The cost of insurance varies depending on employ-
ment activity and experience rating of each employer. The
Florida Department of Insurance must approve all Workers'
Compensation rates for each employment activity and job
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
prescribed by the Division of Workers' Compensation.
*Report injuries or death to his insurance carrier, the Division
of Workers' Compensation, and the employee within 7 days of
knowledge of the injury or face up to a 8200 penalty for each in-
jury. (LES Form BCL-1, Notice of Injury).If the injury does not
require outside medical treatment and does not result in a
missed day or shift of work on the day following the injury, no
report need be submitted.
*Inform each injured worker of his rights and benefits under
the Workers' Compensation Law.
*Upon request, furnish medical or earnings information to
employee or his attorney.
*Refrain from coercing employees concerning the choice of
physician or filing for compensation benefits.


Employee responsibilities and benefits:

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






Payments are made to injured employees to offset loss of in-
come and medical costs, including death and disability
payments. Injured employees receive 66 2/3 percent of their
average weekly wage with a maximum which is equal to 100 per-
cent of the state average weekly wage. For injuries occurring in
1980. this limit is estimated to be S200 per week.
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 per-
cent of his average pre-injury wages.


Additional information:

*Chapter 440 Florida Statutes.
*The Division of Workers' Compensation has a free number
that can be called from anywhere in Florida, dial 1-800-342-1741.
*Workers' Compensation Questions and Answers for
Employees, Florida Department of Labor and Employment
Security. Division of Workers' Compensation.
*Florida's 1979 Workers' Compensation Law, Charles D.
Covey, Staff Paper No. 128, Food and Resource Economics
Department, IFAS, University of Florida, August 1979.

Responsible agency:

Florida Department of Labor and Employment Security
Division of Workers' Compensation
1321 Executive Center Drive
Tallahassee, FL 32301
'. %Phone: 904/488-2514 or 1-800-342-1741 (toll free)

f District offices:

S District #1
Suite 380, State Office Building
215 Market Street
Jacksonville, FL 32202
Phone: 904/353-5629

District #2
507 Sunrise Professional Building
Ft. Lauderdale, FL 33304
Phone: 305/566-8617

District #3
Hillsborough County Regional Center
1313 North Tampa Street, Room 917
Tampa, FL 33602
Phone: 813/272-3793

District #4
Orlando Regional Service Center
400 West Robinson Street, Room 601
Orlando, FL 32801
Phone: 305/423-6296





District#5
401 N. W. 2nd Avenue
Suite 390
Miami, FL 33128
Phone: 305 377-5385

INCOME TAX-FEDERAL

Who must comply:

Farm employers are not required to withhold federal income
taxes on the wages of farm workers.
Farm workers can voluntarily request their employer in
writing to withhold income tax. The employee must also provide
his or her employer with a Form W-4. Employee's Withholding
Allowance Certificate, to claim withholding exemptions. The
employer is not required to withhold income taxes even when re-
quested.

An Employer who agrees to withhold taxes must:

Prepare and give to an employee a Form W-2, Wage and Tax
Statement, by January 31 for the preceding year's taxes
withheld. Copy A of Form W-2 and a completed Form 943,
Employer's Annual Tax Return for Agricultural Employees.
must be sent to the Internal Revenue Service by Febuary 28th.

Additional information:

Contact the local or area Internal Revenue Service office.
For toll-free information dial 1-800-342-8300.


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, col-
or, religion, sex, national origin, age, handicap or marital status,
such as:
1) failure or refusal to hire
2) discriminate 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 discrimina-
tion investigation






*Post a notice, in a conspicuous place, setting forth the basic
provisions of the Human Rights Act of 1977 and indicating how
and where to file complaints.
*Preserve all employment records once a complaint has been
filed against the employer.
Employees have 90 days from the date of a perceived
discriminatory act to file a complaint with the Commission on
Human Rights at its offices in Tallahassee.

Other information:

*Part II, Chapter 13. Florida Statutes.
*Chapters 9D-2, 6, 7, 8, 9, Florida Administrative Code.

Responsible agency:

Florida Commission on Human Relations
2571 Executive Center Circle, East
Tallahassee, FL 32301
Phone: 904/488-7082

ADVANCE EARNED INCOME CREDIT-FEDERAL

Who must comply:

All employers including farmers must pay Advance Earned In-
)me Credit if the employee is eligible and requests payment.

Employer must:

Provide the Form W-5, Earned Income Credit, Advance Pay-
it Certificate, to the employee upon request (available at the
.rest IRS office or post office).
When a Form W-5 is filed,
i Compute employee's gross pay (for agricultural employees
-s pay is interpreted to mean those wages subject to Social
irity taxes).
Compute employee's Social Security and Withholding Tax
holding tax not applicable to agricultural employees unless
c) Refer to tables in IRS Circular E (Supplement), Employer's
Tax Guide, and compute the Advance Earned Income Credit
payment based on employee's gross pay for pay period.
d) Add the Advance Earned Income Credit to the worker's
pay for the pay period.
e) Retain all records of Advance Earned Income Credit
payments for four (4) years. These records should include the
following information:
1. Copy of employee's Form W-5.
2. Amount and date of employee's earnings.
3. Dates of each employee's employment.
4. Dates and amount of tax deposits made.
5. Copies of returns filed.
*File the appropriate forms with the Internal Revenue Service,
Form 941, Employer's Quarterly Tax Return, for non-farm pack-
inghouses, 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 in
Baltimore (see section on Social Security).
Employers are reimbursed by the Federal government for Ad-
vanced Earned Income Credit payments as follows:
*The employer deducts the amount of the Advance Earned In-
come Credit payment from his total liability for withholding
taxes (non-farm employers only) as he periodically remits funds
to the Internal Revenue Service.
*If the employer does not withhold federal income taxes (such
as employers of farm workers), or if the 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.
*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.

Employee eligibility:

Employees are eligible to receive Advance Earned Income Credit
payments if he or she:
*Maintains a household which is his or her principal place of
residence and at least one of his or her children is a student or
dependent who is claimed as an exemption on his or her tax
return.
*Is unmarried and pays at least half the cost of keeping up a
household and claims an exemption for a child who lives with
him or her, or qualifies as an unmarried head of household
because of an unmarried child who cannot be taken as an exemp-
tion.
*Has a combined earned income (including the spouse) of
S10,000 or less during the year.
*Files a Form W-5 with his or her employer. The employee is
solely responsible for determining his or her eligibility when fil-
ing 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 mar-
ried, it must be a joint tax return.

Additional information (obtainable from the responsible
agency-see below)

*Circular E (Supplcment), Publication 15, Employer's Tax
Guide (July 1979).

Other information:

Labor Bulletin No. 378, Florida Fruit and Vegetable Associa-
tion, June 14, 1979.
'Advance Payments of Earned Income Credit, Citrus In-
dustrial Council, June 14, 1979.
*Advance Earned Income Credit Law, Citrus Industrial Coun-
cil. July 3, 1979.






Responsible agency:

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

TARGETED-JOBS TAX CREDIT-FEDERAL

The Revenue Act of 1978 provides a targeted-jobs tax credit
for qualified wages paid or incurred by employers in the employ-
ment of members of targeted groups for the years 1979 and 1980
Employers may elect this tax credit if they hire individuals
who are members of one of the following targeted groups:
*Physically or mentally handicapped person who are enrolled
in or have completed a qualified vocational rehabilitative pro-
gram.
*Individuals at least 18 years old but not yet 25 who are
members of an economically disadvantaged family.
*Vietnam era veterans under 35 years old and members of
economically disadvantaged families.
*Ex-convicts who were convicted of a felony and are members
of economically disadvantaged families, within five years of con-
viction or release from prison.
*Individuals who receive Supplemental Security Income (SSI)
for any month ending in the pre-employment period.
*People who receive money payments based on need from
state or local assistance programs.
*Individuals who are at least 16 years old but not yet 19 who
have not graduated from high school or vocational school and
are participating in a cooperative education program.
Individuals who are members of a targeted group must be cer-
tified by a local agency. The Florida State Employment offices
have been designated as the local agency to issue certifications
to the employer.

Tax credit:

The tax credit can be taken for the first two years of eligible
employment. The amount of credit is 50 percent of the first year
wages and 25 percent of the second year wages. The credit is
allowed on the first $6,000 of wages for each certified employee.
In figuring business expenses for computing income tax liabili-
ty, the deduction for wages is reduced by the total 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 or for any wages paid to an employee for
which you claim the WIN credit.
*Qualified first year wages on which the Targeted-Jobs Tax
Credit is taken is limited to 30 percent of the total wages of all






employees on which Federal Unemployment taxes were paid dur-
ing the calendar year.
*The tax credit is limited to 100 percent of the employer's
Federal income tax liability for the fiscal year ending in 1979 and
90 percent of the tax liability for tax years beginning after 1978.
Any unused credit can be carried back three years or forward
seven tax years.

Additional information (obtainable from the responsible
agency-see below)

*Circular E (Supplement) Publication 15. Employer's Tax
Guide
*Publication 906. Targeted-Jobs Tax Credit and WIN Credit.

Responsible Agency: (Tax Credit)

U. S. Department of the Treasury
Internal Revenue Service
Washington, D. C. 20224

Local offices are listed in the telephone directory under:
U. S. Government
Internal Revenue Service
For toll-free information dial 1-800-342-8300

Responsible agency: (Certification)

Florida Department of Labor and Employment Security
Division of Employment Security
Bureau of Employment Services
308 Caldwell Bldg.
Tallahassee, FL 32301

Local offices are listed in the telephone director under:
Florida. State of
Labor and Employment Security, Department of
Employment Security, Division of
Florida State Employment Service
For toll-free information on certification dial 1-800-342-0827.

WORK INCENTIVE (WIN) TAX CREDIT-FEDERAL

The Revenue Act of 1978 provides a tax credit for expenses
paid or incurred after 1978 by an employer for work done by an
eligible employee.
To be eligible, employees must:
*Be certified as having been placed in employment under a
WIN program or as being eligible for dependent children
payments and have continually received this financial assistance
during 90 days immediately before being hired.
*Be employed by the claiming employer for more than 30 con-
secutive days on a substantially full-time basis.
*Not displace any other employee.
*Not be a migrant worker.
In Florida certification has been delegated to the local office of
the Florida State Employment Service.






Tax credit:

The WIN tax credit can be taken in each of the first two years
thal an eligible employee receives wages in the employer's trade
or business. The first year the credit is 50 percent of the first
86,000 of wages or expenses for each eligible employee. The se-
cond year credit is 25 percent of the first 86,000 of WIN program
expenses for each eligible employee.
Credit can also be taken for wages paid an eligible employee in
the first year of employment for work that is not done in connec-
tion with the claiming employer's business or trade. The credit is
35 percent of the first S6,000 of WIN program expenses for each
eligible employee and is limited to S12,000.


Limitations:

For tax years beginning after 1978 the amount of WIN credit
that an employer may take is limited to his income tax liability
for the tax year. If any credit is not fully used it can be carried
back or forward to other tax years.


Additional Information (obtainable from responsible
agency-see below)

*Publication 15. Circular E (Supplement), Employer's Tax
Guide. July 1979
*Publication 906, Targeted Jobs Tax Credit and WIN
Credit.


," Responsible agency: (Tax Credit)

U. S. Department of the Treasury
S Internal Revenue Service
Washington, D. C. 20224

Local offices can be found in the telephone director under:
U. S. Government
Internal Revenue Service
For toll-free information dial 1-800-342-8300.


Responsible agency: (certification)

Florida Department of Labor and Employment Security
S Division of Employment Security
Bureau of Employment Services
308 Caldwell Building
Tallahassee, FL 32301

Local offices can be found in the telephone directory under:
Florida, State of
Labor and Employment Security, Department of
Employment Security. Division of
Florida State Employment Service
For toll-free information on certification, dial 1-800-342-0827






RELATED LAWS AND REGULATIONS

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

Equal pay for equal work:

The Equal Pay Act of 1963i which amend-; the Fair Labor Stan-
dards Act of 19:r3 was enacted for the purpose of correcting
"wage differentials based on sex." This federal act. which ap-
plies to farm workers, prohibits wage discrimination on the basis
of sex to employees who are subject to the minimum wage. Ex-
ceptions are allowed when wages are based on: (a) a seniority
system. (b) a merit system, or (cI a system which measures earn-
ings by quanity or quality of production.
*Section 6 (c). Fair Labor Standards Act of 1938. as amended.
*Title 29 Code of Federal Regulations. Part 800.

Title VII of the Civil Rights Act of 1964, as amended:

This federal act prohibits discrimination based on race,
religion, sex, color or national origin in hiring, firing, wages and
terms, conditions or privileges of employment. Employers may
never discriminate on the basis of color or race. If it can be pro-
ven as a bona fide occupational qualification, employers may
discriminate on basis of religion, sex or national origin.
All employers, employment agencies and labor unions must
comply if their activities affect interstate commerce. Employers
who employ fewer than 15 workers for each working day in each
of fewer than 20 calendar weeks in the current or preceding year
are exempt from this act.

Age discrimination in employment Act of 1967:

Prohibits employers with 25 or more workers from dis-
criminating against individuals aged 40 to 70 in matters of hir-
ing, discharging, wages and terms, conditions or privileges of
employment because of age. Exceptions are allowed if age is a
bona fide occupational qualification.
Prohibits any statement of age preference in advertisements
such as: "under 40", by employers or employment agencies.
Bars unions with 25 or more members from denying member-
ship to older persons or refusing to refer them to jobs.

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.






















































SThis public document was promulgated at a cost of
:3,314.40, or .166 cents per copy, to inform Florida farm
nOmployers and employees of regulations that affect them.
'.-0\1-80



:-EFATIVE EXTENSION SERVICE, UNI-
3Y OF FLORIDA, INSTITUTE OF FOOD
.A AGRICULTURAL SCIENCES, K. R. IFAS
-'er, director, in cooperation with the
tes Department of Agriculture, publishes
,'tlon to further the purpose of the May L
S ,30, 1914 Acts of Congress; and is authorized to provide
educational information and other services only to indivi-
,Iiid institutions that function without regard to race, color,
.'4 national origin. Single copies of Extension publications
'.d~Wig 4-H and Youth publications) are available free to Florida
0.5s from County Extension Offices. Information on bulk rates
'ies for out-of-state purchasers is available from C. M. Hinton,
?.atlons Distribution Center, IFAS Building 664, University of
;, Galnesville, Florida 32611. Before publicizing this publica-
editors should contact this address to determine availability.