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Title: Handbook of regulations affecting Florida farm employers and employees
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Permanent Link: http://ufdc.ufl.edu/UF00028032/00006
 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: 1984
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 )
 Notes
Dates or Sequential Designation: 1976-
Numbering Peculiarities: Chronological designation starts with 1980 issue.
General Note: Title from cover.
 Record Information
Bibliographic ID: UF00028032
Volume ID: VID00006
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltuf - AEN4729
oclc - 15966129
alephbibnum - 000924123
electronic_aleph - 003320282
electronic_oclc - 60884186
lccn - sn 87035074

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Full Text

-nuary 1984
I *


Affecting


SEmployers and Employees


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


Circular 603






TABLE OF CONTENTS

PAGE
OCCUPATIONAL SAFETY AND HEALTH ACT 4
(OSHA) Federal.............................. 4
SOCIAL SECURITY Federal .................... 64
FAIR LABOR STANDARDS ACT (MINIMUM
WAGE) Federal............................. 9
CHILD LABOR Federal........................ 11
CHILD LABOR State.......................... 14
UNEMPLOYMENT COMPENSATION State
and Federal ............................... 16
MIGRANT AND SEASONAL AGRICULTURAL 4
WORKER PROTECTION ACT Federal........... 19
FARM LABOR CONTRACTOR (CREW
LEADER) REGISTRATION State ................ 29.
ILLEGAL ALIENS State..................... 30
FIELD SANITATION AND DRINKING WATER -
State .................... ...... ............ 30
FARM LABOR CAMPS TEMPORARY -
Federal ................... ............... 30
MIGRANT LABOR CAMPS AND MIGRANT a
DWELLING UNITS State ......................34,
MOTOR CARRIERS SAFETY LAW Federal ....... 36
TRANSPORTATION FARM WORKER State.....39*
WORKERS' COMPENSATION State ............. 414
INCOME TAX WITHHOLDING FOR
FARMWORKERS ............................. 44
HUMAN RIGHTS DISCRIMINATION Federal ... .45
HUMAN RIGHTS ACT OF 1977 State............ 484,
ADVANCE EARNED INCOME CREDIT Federal .49
TARGETED JOBS TAX CREDIT Federal......... 51
TAX CREDIT FOR NEW JOBS PROGRAM State...53 4
FLORIDA LANDLORD-TENANT LAW ............. 5444
RELATED LAWS AND REGULATIONS............ 55.,

Acknowledgements .
The author is indebted to the many state and federal agency
personnel who gave their time and advice in the preparation of i
this handbook. #
Thanks also go to Walter Kates, Robert Emerson, Gary Fairchild
and Allison French for their helpful and constructive review of
the manuscript.
For their patience and diligence in typing the numerous drafts
of this publication, the author is indebted to Terri Parsons, Don-*
na Fillmon and Bobbi Hart.
A Spanish edition of this handbook is available at the County A
Extension Office.






1984 HANDBOOK OF
REGULATIONS AFFECTING

FLORIDA FARM EMPLOYERS
AND EMPLOYEES


p.

C. D. Covey*

SIncreasingly 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.
SThe profusion of laws and regulations which face employers of
Stagricultural labor, particularly smaller employers who cannot af-
ford specialists in labor relations and management, present a com-
p spelling 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 provi-
sions of these laws designated to protect their safety and well be-
> ing. 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 regula-
tions which affect farm employers and employees. It reflects state
and federal laws as of September 1, 1983 as they apply to farm
field workers and not to workers considered non-agricultural, such
Sas packinghouse workers. This handbook is not intended to pro-
vide 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, Illegal Aliens and perhaps
others. Whenever the standards differ, the farmer must comply
with the higher or more restrictive standards.



ALTHOUGH THE INFORMATION CONTAINED HEREIN WAS
* OBTAINED FROM RELIABLE SOURCES AND IS BELIEVED TO
BE CORRECT AS OF SEPTEMBER 1, 1983, 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:
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 A
the previous 12 months and do not maintain a migrant labor camp.,,.

Employers of 11 or more workers must: 1
1) Inform employees of safety regulations and display 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 I
or more employees or which results in hospitalization of five ora 4
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 by February 1 of the prior year's
occupational injuries and illnesses on OSHA form No. 200 in a con-
spicuous place or places where notices to employees are customari- 1
ly posted.
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 pro-
ximity 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. First aid supplies approved by the consulting physi-
cian shall be readily available.
8) Where the eyes or body of any person may be exposed to 4
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 agricultural standards for:
Anhydrous ammonia
Temporary labor camps
Pulpwood logging
Slow-moving vehicle emblem
Roll-over protective structure (ROPS)
Safety for agricultural equipment Guarding of
farm field equipment, farmstead equipment, and cot-
ton gins
11) At the time of initial assignment and at least annually*
thereafter, instruct every employee in the safe operation and ser-
vicing of tractors and equipment operated by the employee. '-
OSHA is in the process of developing or revising three standards



*Prepared by William J. Becker, Extension Safety Specialist, Department of -
Agricultural Engineering, IFAS, University of Florida, Gainesville.






which might affect Florida farm employers and employees. These
SStandards are: 1) Cotton Dust, 2) Grain Elevators, and 3) Field
Sanitation.

!Employee requirements:
SEach employee must comply with all safety and health regula-
tions which are applicable to his own actions and conduct. He must
obey all rules, regulations and safety procedures required by-his
t employer to comply with the law, including participation in safe-
ty 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
rfor dismissal when properly documented.

Inspections:

There are four categories of OSHA inspections. They are:
S 1) Imminent Danger
S2) Fatality/Catastrophic Investigations
3) Complaints/Referrals
4) Programmed.
The first three categories are considered unprogrammed inspec-
tions conducted in response to specific evidence of hazardous con-
ditions at a workplace. Programmed inspections can be health
and/or safety inspections and are normally comprehensive in
i lope.
Ordinarily OSHA Compliance Safety and Health Officer
!(CSHO) will be admitted to the workplace upon request. Should
n employer deny a CSHO admittance, a search warrant must be
obtained by OSHA to gain admittance.
Free inspections, without penalties, are available through the
Florida Department of Labor and Employment Security, Division
of Workers' Compensation. Contact your local Labor and Employ-
Stnent Security office or the Bureau of Industrial Safety and Health,
204 Lafayette Building, 2551 Executive Center Circle, Tallahassee,
-FL 32301, (904) 488-3044. Cited violations must be corrected.
.hen citations are corrected, a certificate is obtained which ex-
empts a business from programmed OSHA inspections for a period
pf one year.
Free inspections, without penalties or citations, are offered
by most major casualty insurance companies.

,Additional information (obtainable from the respon-
sible agency see below)
OSHA 2019 (Revised) OSHA Publications and Audiovisual Pro-
Sgrams. This pamphlet lists all publications and programs available
from OSHA.

Other information:
For additional information contact your County Cooperative Ex-
Tension Office or the Extension Safety Specialist, Department of
Agricultural Engineering, IFAS, University of Florida, Gainesville,
SFL 32611, Phone 904/392-2468. Safety programs, publications and
audiovisual materials are available.
SV For pesticide safety training material contact your County
Cooperative Extension Service office or the Pesticide Information
,office, Bldg. 817, University of Florida, Gainesville, FL 32611,
Telephone 904/392-4721.
r,4






Responsible agency (administration and super-
vision)
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
Phone: 404/881-3573
-4-
Area offices:
299 E. Broward Blvd.
Room 302
Ft. Lauderdale, FL 33301
Phone: 305/527-7292
2809 Art Museum Drive
Suite 4, Art Museum Plaza
Jacksonville, FL 32207
Phone: 904/791-2895
Room 624
700 Twiggs Street
Tampa, FL 33602 4
Phone: 813/228-2821
-

SOCIAL SECURITY FEDERAL

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

Employers must:
Withhold 6.7 percent of the employee's cash wages (including
the initial $150) and add 7.0 percent as the employer's contribu-






tion (during 1984 the tax is limited to the first $37,800 of annual
S"vages).
Under existing law the rate will go to 7.05 percent in 1985
-and 7.15 percent in 1986, and the taxable wage limit will change
Sach year based on an index of average wage levels (check with
the local Social Security office $37,800 in 1984).
Employers having an undeposited liability of withheld income
taxes and Social Security deductions and contributions must
deposit such funds in a Federal Reserve Bank or authorized com-
ercial bank as indicated in the following schedule. Deposits must
be accomplished by Form 511, Federal Tax Deposit.

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


Deposit Rule
S1) If at the end of any eighth-
monthly period (the 3rd, 7th,
1lth, 15th, 22nd, 25th, and last
day of each month your total
k andeposited taxes are $3,000 or
more:
2) If at the end of any month
your total undeposited taxes
are $500 or more but less than
$3,000:



3) If at the end of the quarter
your total undeposited taxes for
the quarter are less than $500:


Deposit Due
Within 3 banking days after
end of eighth-monthly period.




Within 15 days after end of
month. (If less than $500, carry
over to next month. No deposit
is required if you made a
deposit for an eighth monthly
period during the month under
the $3,000 rule in (1) above).
No deposit is required. You
can pay the taxes to IRS with
Form 941, or you may deposit
them by the due date of the
return.


Provide each employee with a Form W-2, Wage and Tax State-
Spent, showing the amount of earnings, income tax withheld, and
amount of Social Security deductions by January 31.
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 with
Forms 511).
Maintain payroll records for at least four years for each
employeee. These records should include:
1) Employee's name and social security number.
a 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 employer may be held liable as joint employer
,if labor contractor fails to pay Social Security tax.






Self employed farmers: (Self Employed Contribu-
tions Act SECA)
Self employed farmers who report a net income of $400 or more
from the farming operations must contribute to Social Security,
The contribution rate in 1984 is 14 percent of annual net earn-
ings up to $37,800. Under existing law the contribution will be
14.1 percent for 1985 and 14.3 percent for 1986. To ease the
burden of higher SECA taxes, self employed farmers will receive
a tax credit of 2.7 percent in 1984, 2.3 percent for 1985 and 2.0r
percent for 1986 to 1989. Hence the effective rate will be 11.3
percent in 1984 and 11.8 percent in 1985. The taxable income limit
is $37,800 in 1984, but will change each year based on an index
of average wage levels. If a farmer also earns wages which are
subject to Social Security deductions, he will contribute on his self4
employment income until the combined earnings reach the cur-
rent income limitation ($37,800 for 1984).

Additional information:
Circular A, Agricultural Employer's Tax Guide, Publication 51,*
Department of the Treasury, Internal Revenue Service. (Publish-
ed annually). 4
Farmer's Tax Guide, Publication 225, Department of the
Treasury, Internal Revenue Service. (Published annually).
The following pamphlets are available from most local Social
Security offices:
Farmers How to Report Your Income for Social Security.
Your Social Security.
Your Social Security Rights and Responsibilities, Retirement-
and Survivors Benefits. c
If you're Self-Employed Reporting Your Income for Social
Security.
If you Become Disabled.

Responsible agency:

Benefits:
U.S. Department of Health and Human Services
Social Security Administration 4
Local Social Security offices are normally listed in the telephone
directory under:
U.S. Government
Social Security

Enforcement and Tax Collection:
Department of the Treasury
Internal Revenue Service
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 1-800-241-3860
For tax information and assistance Dial Toll-Freet
1-800-424-1040






FAIR LABOR STANDARDS ACT
(MINIMUM WAGE) FEDERAL

Who must comply:
Any farmer who hired 500 man-days of labor during any calen-
4 dar quarter of the preceding calendar year. (The equivalent of
about seven full-time employees working five days a week.)
If the employer did not employ more than 500 man-days of
agricultural labor in any quarter of the preceding calendar year,
his agricultural employees are exempt from the minimum wage
Provisions of the act for the entire following calendar year. Con-
versely, if the employer used more than 500 man-days of farm
labor in any calendar quarter of a year, coverage extends to the
4 entire following calendar year even if the employer does not use
500 man-days of labor in any quarter of the second year.
The following employees are included in the 500 man-day test,
t but are excluded from minimum wage requirements:
a) Employees who must be available at all hours to care for range
Slivestock.
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
S 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).


SEmployers must, if covered:
Pay at least minimum wage to all employees currently $3.35
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., $3.50 per hour, $30.00
per day or piece work.
S 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 together with proof of
payment to individual workers including cash advances or
other deductions.
S 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.
Display the official poster "Notice to Employees" where
employees can see it. This poster contains basic information on
minimum wages.

Employers may:
Deduct the cost of certain items from the wages of farmworkers. 4
However, care should be exercised because the deduction of cer-
tain items may not reduce wages below the minimum wage.
Deductions which may lawfully reduce the wage level below
$3.35 per hour are:
1) Deductions required by law Social Security and withholding
tax. 4
2) "Third Party" deductions authorized by the employee -
union dues, United Fund, health insurance if it is to a "Third
Party."
3) Salary advances exclusive of interest charges. Receipts for
cash advances must be obtained and retained.
4) Housing and meals, provided it does not exceed the fair
market value and meets a number of specified conditions dealing
with profit and rate of return on investment (See 29 CFR Part 531).
Growers should be aware that in recent litigation the courts have
held that employers cannot compute a charge for depreciation '
when the facilities have been fully depreciated.
Deductions which may not lawfully reduce the wage level below 4
$3.35 per hour are:
1) Transportation advances.
2) Charges for contractors' (crew leader) services.

Additional information (obtainable from the respon- 4
sible agency see below)
Handy Reference Guide to the Fair Labor Standards Act, WH
Publication 1282, Wage and Hour Division, Employment Standards
Administrations, U.S. Department of Labor, December, 1977. q
Discussion Guide: Farm Labor Standards Amendments of 1977,
Wage and Hour Division, Employment Standards Administration,
U.S. Department of Labor, November, 1977. ,.
The Fair Labor Standards Act of 1938, as amended, WH Publica-
tion 1318, February 1980.
Records to be kept by Employers under the Fair Labor Standards
Act, as amended, WH Publication 1261, April, 1976.
Regulations, Title 29, Labor, Part 519, Employment of Full-time
Students at Special Minimum Wage.
Wage Payments under the Fair Labor Standards Act of 1938 as
amended, WH Publication 1210 Revised, November, 1972.
Exemptions Applicable to Agriculture, Processing of Agricultural
Commodities and Related Subjects, WH Publication 1042, April, ,
1974.
Defining the Terms "Executive," "Administrative," "Profes-
sional," and "Outside Salesman," WH Publication 1281, T
November, 1977.
"5






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

Responsible agency:

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

Area offices:
See Child Labor Federal section.

CHILD LABOR FEDERAL

Coverage:
Minors age 16 and over are not included under the child labor
provisions of the Fair Labor Standards Act (FLSA). With some
V minor exceptions all other minors under age 16 are covered by
the child labor provisions of FLSA. Farm employers who are not
-' covered under other provisions of FLSA (minimum wages, over-
time) for the most part must comply with the law if they employ
minors under 16 years old.
16 years old is the minimum age for working in agricultural jobs:
1) declared hazardous by the Secretary of Labor, and
2) during school hours.
14 years old is the minimum age for working in agricultural jobs:
1) outside of school hours, and
2) not declared hazardous by the Secretary of Labor.

Except:
12 and 13 year olds may be employed with written parental
consent or on a farm where the minor's parent or person stan-
Sding in place of the parent is also employed:
Minors under 12 may be employed with written parental con-
Ssent 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.

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







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

Hazardous occupations in agriculture:
The Secretary has found and declared that certain occupations
in agriculture are hazardous. Aside from certain exemptions, no
minor under 16 years of age may be employed at any time in these
occupations. Briefly these hazardous occupations are:
1) Operating, driving or riding on a tractor with more than 20
PTO horsepower.
2) Operating or assisting to operate a corn picker, cotton picker,
grain combine, hay mower, forage harvester, hay baler, potato
digger, pea viner, feed grinder, crop dryer, forage blower, auger
conveyor, self unloading wagon or trailer, power post-hole dig-
ger, power post driver, nonwalking type rotary tiller.
3) Operating or assisting to operate a trencher or earth mov-
ing equipment, fork lift, potato combine, power driven circular,
band or chain saw.
4) Working in pen, yard, or stall with a bull, boar, stud horse,
sow with pigs or cow with calf.
5) Working around timber with a butt diameter of more 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 cer-
tain specified conditions.
9) Handling or applying anhydrous ammonia or other specified
chemicals, including those that bear the legend "Poison" or "War-
ning" on the label.
10) Handling or using explosives.
-4
Exemptions from hazardous occupations in ag-
riculture:
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 in-
cidental to training, intermittent, for short periods of time, and
under close supervision of a qualified person; that safety instruc-.
tions are given by the school and correlated with on-the-job train-
ing; and that a schedule of organized and progressive work pro- ..
cesses 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 cer-






tificates 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 pro-
gram is available from an Extension Agent of the Cooperative Ex-
tension Service of a land grant university.

"Vocational agricultural training program
SMinors 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 Pro-
gram may work in the occupations for which they have been train-
-ed. 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 Pro-
gram 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
S2) Place where minor lives and his permanent address
3) Date of birth
S4) Evidence in writing of any required parental consent
Keep a minor employee's age or employment certificate on file
Observe wage and hour provisions of the FLSA
Prohibit minors under 16 from performing jobs declared as
'hazardous.

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

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







Fair Labor Standards Act, WH Child Labor Bulletin No. 101, 1973. _
A Message to Young Workers about the Fair Labor Standards
Act, As Amended in 1974, WH Publication 1236, 1976.

Responsible agency:

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

Area offices:
2135 Davie Blvd.
Ft. Lauderdale, FL 33312
Suite 121
3947 Boulevard Center Drive
Jacksonville, FL 32207
Suite 617
700 Twiggs Street
Tampa, FL 33602


CHILD LABOR STATE

Coverage:
With the exception of the exemptions discussed below, minors
17 years old and younger come under the provisions of the Florida
Child Labor Law.
Minors 16 and 17 years old are permitted to work in most oc-
cupations except where alcoholic beverages are sold at retail but 4
must provide their employer with proof of age.
Except for certain farmwork, motion picture studios, television
studios and theaters, and legislative pages, no minor 11 years old
or younger may be employed at any time.
The presence of any minor in any place of employment is bona
fide evidence of his employment there.
Minors 15 years old and younger may be employed outside of
school hours, provided that
The occupation is not considered hazardous.
They obtain an age certificate or provide other proof of age.
Minors 16 and 17 may not work in any of the following places
of employment or in any of the following occupations:
In or around explosives.
On any scaffolding or heights more than 24 feet above ground
level.
In or around toxic substances or corrosives.

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

-1'







Hazardous occupations:
Minors 15 years old or younger are prohibited from working in
Sthe following occupations.
1) In connection with power driven machinery except power
mowers with cutting blades 40 inches or less.
4 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 mix-
Sing machines.
9) Operating emery or polishing wheels, punch presses, stam-
ping machines, and power drive 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.

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

Employers must:
Maintain proof of age documents for each minor employed.
SThe following documents will satisfy this requirement.
1) a photocopy of the child's birth certificate.
2) a photocopy of the child's driver's license.
3) an age certificate issued by the local school district.
4) a photocopy of a passport or visa which lists the child's date
of birth.
Comply with the more stringent standards between the federal
and' the state child labor law.
NOTE: If a minor is injured on the job and the minor is not
legally employed, the employer is liable for double damages and
'` his insurance carrier is prohibited from paying the penalty.






Additional information (obtainable from the respon-.
sible agency see below)
What You Should Know About Florida's Child Labor Law "
(Pamphlet)

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

Responsible agency:
Florida Department of Labor and Employment Security 4
Division of Labor, Employment and Training
1320 Executive Center Drive, East, Rm. 211A
Tallahassee, Florida 32301
Phone: 904/488-7396 4

UNEMPLOYMENT COMPENSATION -
STATE AND FEDERAL

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

Responsible employer:
Depending upon the circumstances, the farm operator or the
crew leader may be the employer.
The FARM OPERATOR is the employer under these cir-4
cumstances
1) The individual is an employee of the farm operator under
common law rules of master and servant, or
2) The worker is furnished by the crewleader but is not treated
as an employee of the crew leader, i.e., the crew leader is acting
on behalf of the farm operator rather than as an employer, or
3) The crew leader has entered into a written agreement with
the farm operator under which the crew leader is designated as 4
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, L
mechanized harvesting or crop-dusting equipment, or any other
mechanized equipment provided by the crew leader, and
3) The employee is not an employee of any other person under
common law rules of master and servant.

Farm related exempt employment:
Farmwork for an exempt employer (See who must comply).
Certain students working for credit on a program combining
academic instruction with work experience (work-study 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.

Employers must:
a) 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.
1) The effective FEDERAL tax is 0.8 percent of the first
$7,000 of annual payroll of each employee. (The actual
federal tax is 3.5 percent less a credit of 2.7 percent if
the employer pays the state tax by January 31st of the
following year.)
A Effective January 1, 1985, the federal tax rate will in-
crease to 6.2 percent. The credit available to states will
increase to 5.4 percent leaving the net federal tax rate
unchanged at 0.8 percent. The standard tax rate (the
amount charged those employers without an experience
rating) will increase from 2.7 to 5.4 percent.
2) 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 experienc-
ed rating will pay 2.7 percent (effective January 1, 1985
5.4 percent) of the first $7,000 of annual payroll of
each employee for ten calendar quarters. At the end of
the eighth calendar quarter the rating process will be
started and taxes paid in the eleventh quarter and subse-
quent quarters will be based on the experience rating.
Experience ratings are recalculated annually thereafter.
Annual rate notices are mailed to all employers on March
15th of the applicable year. The current maximum tax
rate payable in Florida is 4.5 percent (5.4 percent on
January 1, 1985), to which must be added the 0.8 per-
cent 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 calen-
S dar quarter. Penalty and interest charges are due if the Tax
and Wage Report is filed after the last day of the first month
following the quarter. The Tax and Wage Report form,
which is sent to each liable employer at the end of each
quarter, provides for listing each employee's name, social
security number, number of weeks worked in the calendar
quarter, and the gross wages paid.
c) When a former employee submits an unemployment benefit
claim, most recent employers will be notified from the local
office on Form UCB-4, Notice of Claim Filed. The employer
has ten days to furnish the local office information about
the job separation 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 disqualifying. If the employer
fails to reply within the prescribed period concerning a dis-
qualifying 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 clai-
mant 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 average4
weekly wages of $20 or more during base period and have total
base period wages equal to at least 20 times his average weekly4 A
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 $150. 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 Bureau of 4
Unemployment Compensation (see Responsible Agency).
A farm worker may not be eligible for benefits if it is found that:
He voluntarily quits 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 on a benefit claim.
Willful misrepresentation is also cause for fine and&,
imprisonment.
He is receiving or is eligible to receive a retirement income
- other than disability from a base period employer.
He is receiving or is seeking unemployment benefits under
an unemployment compensation law of another state or the United
States.
He is an illegal alien.

Additional information (obtainable from the respon-
sible agency see below) I
LES UC Bulletin 1, Unemployment Insurance, for Workers
Under Florida Unemployment Compensation Law (Revised 11/81).
LES UC Bulletin 2, Florida Employer, Information on the
Florida Unemployment Compensation Law (Revised 3/82).
Bureau of Unemployment Compensation, Florida Unemploy- A
ment Compensation, Employer Handbook (Revised 5/82).
%*4-
Other information:
Employers' Handbook on the Florida Unemployment Compen- "'
station Law, 1982-83 Ed., Geri Atkinson Hazelton, Associated
Industries of Florida, Service Corporation, P. O. Box 784,
Tallahassee, Florida 32302-$10.00.







f Labor Bulletin No. 361, Florida Fruit and Vegetable Associa-
tion, October 1977.
Labor Bulletin No. 364, Florida Fruit and Vegetable Associa-
Stion, October 1977.
S Labor Bulletin No. 413, Florida Fruit and Vegetable Associa-
tion, March 1983.
Unemployment Compensation for Florida Farm Workers, Food
and Resource Economics Fact Sheet No. 12, IFAS, University of
Florida, November 1977.
Chapter 443, Florida Statutes.

.. responsible agency:
Florida Department of Labor and Employment Security
Division of Unemployment Compensation
Caldwell Building, Room 102
Tallahassee, FL 32301
Phone: 904/488-6093
S 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

MIGRANT AND SEASONAL AGRICULTURAL
WORKER PROTECTION ACT (MSPA) FEDERAL

SThe MSPA which replaced the Farm Labor Contractor Registra-
tion Act (FLCRA) on April 14, 1983 differs from the earlier law
by eliminating some of the objectionable registration requirements
for farmers. However, the MSPA imposed new obligations on many
Agricultural employers relative to their relationships with
agricultural employees. Consequently the regulations dealt with
> here are concerned with the obligations of non-registered
agricultural employers and agricultural associations, and registered
Sfarm labor contractors.
-A
Non-registered agricultural employers:
Agricultural employers and agricultural associations need not
register, but, unless they are otherwise exempt, must comply with
the provisions of the act if they recruit, solicit, hire, employ, fur-
nish, transport migrant and seasonal agricultural workers, or house
Migrant agricultural workers.
An agricultural employer 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.

r,>
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 opera-
tion 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
Sthe limit for exemption in 500 mandays 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 rela-
tionship are counted toward the mandays of such labor of each 4
employer for purposes of the manday test.
Common Carrier Any common carrier which would be aF
farm labor contractor solely because the carrier is transporting
migrant and seasonal agricultural workers.
Labor Organizations Any labor organization as defined inY
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-fivel
mile intrastate radius of such person's permanent place ofr'
residence and not for more than thirteen weeks per year. This e/
emption is void if the person uses the U.S. mail, telephone, oI.
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 ex-
empt 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. 4

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
(Form WH 516):
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, upon request of the
worker, a written statement of the conditions of employment <-
(Form WH 516).
Each farm labor contractor, agricultural employer and ,
agricultural association, which owns or operates housing facilities
for migrant farmworkers, 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
Son the terms and conditions of occupancy (for details of this state-
ment see Housing Safety and Health).
At the time of recruitment of seasonal agricultural workers,
.. farm labor contractors, agricultural employers and agricultural
association 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
Sof employment listed under migrant workers (WH 516).
When necessary and practical, all required disclosures under
the act shall be in English, or Spanish, or another language com-
Smon to the migrant and seasonal agricultural worker. The Depart-
ment of Labor will make forms available in English, Spanish, Hai-
tian Creole or other languages as necessary.

Wages and payroll:
S* 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
k 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:
S a) Employer's name
b) Employer's address
c) Employer's IRS identification number.
r In a joint employment situation, both parties are equally
responsible for payroll records.
Wages owed migrant and seasonal agricultural workers must
Sbe paid when due.

SMotor vehicle safety
Each farm labor contractor, agricultural employer and
.. agricultural association which uses or causes to be used any vehi-
cle to transport migrant and seasonal agricultural workers must:
a) 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)
b) 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 ar- *
rangements made by the workers using one of their own vehicles. .
Carpooling does not include transportation arrangements 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 caus-
ed to be used by any farm labor contractor, agricultural employer
or agricultural association to transport migrant and seasonal 4
agricultural workers, it must meet the Department of Labor safe-
ty standards. In addition, all other vehicles used for transporta-
tion of 75 miles or less (excluding day-haul operation) must meet k +
the following Department of Labor standards:
a) External Lights: Head lights, tail lights, stop lights, back- '
up lights, turn signals and hazard warning lights shall be operable. 4
b) Brakes: Every vehicle shall be equipped with operable brakes
for stopping and holding on an incline. Brake systems shall be free
of leaks.
c) Tires: Tires shall have at least 2/32 inch tread depth and have
no cracks/defects in the sidewall.
d) Steering: The steering wheel and associated mechanism shall
be maintained so as to safely and accurately turn the vehicle.
e) Horn: Vehicles shall have an operable air or electric horn.
f) Mirrors: Mirrors shall provide the driver full vision of the
sides and rear of the vehicle.
g) Windshields/Windshield Wipers: All windshields and win-
dows 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.
h) 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. 4
i) 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.
j) Ventilation: Windows will be operational to allow fresh air
to the occupants of the vehicle.
k) Safe Loading: Vehicles will not be driven when loaded
beyond the manufacturer's gross vehicle weight rating.
1) Seats: A seat will be provided for each occupant or rider in, ..
or on, any vehicle, except that transportation which is essential-
ly 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.
m) Handles and Latches: Door handles and latches shall be pro- t
vided 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
44






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 vehi-
cle 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 con-
sists 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.

SVehicle 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 ef-
fect against liability for damage to persons or property. Vehicle
insurance requirements do not apply to vehicles used in a carpool-
ing 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

More than
12 or less 12
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
S$100,000 for bodily injuries to
or death of one (1) person.... 300,000 500,000
SLimit for loss or damage in any
1 accident to property of
Others (excluding cargo) ...... 50,000 50,000


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 insurance,
Sthe 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 re-
quired to provide evidence of liability insurance coverage only







upon request by the Department of Labor. Farm labor contrac-
tors, however, must provide evidence of insurance when apply-
ing 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, 4
Wage and Hour Division.
Persons who will be transporting migrant and seasonal 4
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 substan-
tive Federal and State safety and health standards applicable to
such housing. The joint employment (responsibility) concept ap-
plies when more than one person is involved in providing hous-
ing for migrant agricultural workers.
Substantive Federal Standards are the Employment and Train-
ing 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 safe-
ty and health standards. A copy of the certificate of occupancy
must be posted at the housing site and the certification must be .
retained for three years.
Each farm labor contractor, agricultural employer and ,.
agricultural association which provides housing for any migrant
agricultural worker must post in a conspicuous place at the hous-
ing site, for the entire period of occupancy, or present a written
statement to the worker at the time of recruitment, the follow- ''
ing information on the terms and conditions of occupancy
(WH-521):
a) Name and address of the employers) providing the housing
b) Name and address of person in charge of the housing V.
c) Mailing address and phone number where housing occupants
can be reached
d) Who may live in the housing
e) The charge-(rent) to be made for the housing
f) Meals to be provided and the cost to workers
g) Charges for utilities 'U1
h) 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 com-
parable terms and conditions.

Illegal aliens
It is a violation of the MSPA for a farm labor contractor to
recruit, hire, employ, or use, without acceptable evidence of
citizenship or legal status, any illegal alien.
A farm labor contractor will be considered in compliance if







.he can demonstrate that he relied in good faith on documenta-
tion prescribed by the Department of Labor.
Good faith compliance will be satisfied if the farm labor con-
tractor relied on the following documentation prescribed by the
Department of Labor:
A. Acceptable evidence of United States citizenship -
1) Birth certificate.
2) Certificate of citizenship.
3) Certificate of naturalization.
4) U.S. identification card (INS Form 1-179 or 1-197).
0 5) Passport issued by United States identifying person as
citizen of United States.
6) Consular report of birth (State Department Form
FS-240).
7) Baptismal certificate under seal of a church or other
religious body which practices infant baptism showing
the individual's date and place of birth within the United
States, its territories or possessions.
8) A document under seal of a religious body which does
not practice infant baptism showing the individual's date
and place of birth within the United States, its territories
or possessions.
9) Tribal enrollment card in an American Indian tribe
recognized by the Bureau of Indian Affairs.
10) Other written advice from the Immigration and
Naturalization Service (INS) attesting that such person
is a citizen of the United States.
11) A copy of a declaration, signed by the applicant under
penalty of prosecution for violation of Title 18 U.S.C.
1001, and witnessed by the signature of the appropriate
official of the Employment Service, affixed in the
presence of the applicant, filed with the United States
Employment Service or any of its affiliated offices, at-
testing that such person is a citizen of the United States,
was born at the place stated and on the date set forth
thereon, and reciting the following additional
information:
i) Social Security number of such person (voluntary)
and,
ii) Names and addresses of three adult citizens of the
SUnited States who can be contacted to verify
declarant's citizenship.
12) A certificate issued by the Department of Labor, Bureau
of Employment Security, Commonwealth of Puerto Rico
which attests that, based upon examination of any of
the documents prescribed by paragraphs (a) (1) through
(11) of this section, the individual named and identified
by the picture on that certificate was born within the
4 United States (including its territories and possessions)
at the place and on the date specified thereon and which
S sets forth such individual's home address (street and
number, city, state, zip code) and Social Security
number.
B. INS Form 1-151 or 1-551, Alien Registration Receipt Card,
S'which is proof that the alien has been lawfully admitted to the
United States for permanent residence. It is a wallet sized
"'laminated card, bearing a photograph of the alien and contains
information concerning his alien registration number, date of ad-
mission as an immigrant, birth date and sex.
C. INS Form 1-94 (with or without a passport) -
1) INS Form 1-94 bearing an employment authorization
consisting of the words "Employment Authorized."







2) INS Form 1-94 bearing the designation of H-2, as en-
dorsed on the front or back of the form, authorizing a
person to engage only in agricultural employment dur-
ing the period of such person's authorized stay in the
United States. *
D. Any other written advice from the Immigratiqn and
Naturalization Service (INS) that such person is an alien authorized -<-
by INS to accept such employment in agriculture in the United
States.
E. United States Armed Forces Discharge Papers.

Registration of farm labor contractors t
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 pro-
mised to be paid performs any farm labor contracting activities
(recruiting, soliciting, hiring, employing, furnishing or transpor- ,
ting any migrant or seasonal agricultural worker).

Who must register:
Any person who desires to engage in any farm labor contrac-
ting activities, and is not exempt, is required first to obtain a Cer-
tificate of Registration authorizing each such activity and
specifically including transporting and housing agricultural '
workers.
Any employee of a currently registered farm labor contrac- 4
tor who performs farm labor contractor activities on behalf of such -
contractor must obtain a Farm Labor Contractor Employee Cer-
tificate of Registration authorizing each such activity and
specifically including transporting and housing agricultural '
workers.

Farm labor contractors must:
Apply for and receive a Certificate of Registration annually 4
from the Department of Labor. Applications can be made in any
Florida Employment Service office or any office of the Wage and
Hour Division, U.S. Department of Labor.
The application must include:
a) A sworn declaration stating the:
Applicant's permanent place of residence
Activities for which certification is sought
Mailing address for official documents
b) A statement:
Identifying each vehicle to be used to transport migrant ,
and seasonal agricultural workers
Indicating whether the vehicle is owned or controlled
by the applicant
Providing documentation that the applicant is in comp-
liance with the motor vehicle safety requirements for "
each vehicle
Providing documentation that each vehicle is in comp-
liance with the insurance requirements.
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.






S c) A statement:
Identifying each facility or real property to be used to
house migrant workers.
Indicating whether the facility or real property is or
will be owned or controlled by the applicant.
Providing documentation that the housing is in com-
Spliance with the housing safety and health regulations.
d) A set of fingerprints of the applicant.
e) A sworn declaration consenting to a court designation of
the Secretary of Labor, if applicant is not present, to ac-
cept summonses in any action against the applicant.

SDuration of certificate
It is the intention of the Department of Labor to move to
registration dates which coincide with the birthday date of the
Sfarm labor contractor by 1984.
Initial certificates shall expire twelve months from the date
of insurance.
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 ap-
plication 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 Depart-
Sment of Labor.
Certificates may be renewed for periods of from twelve to
., twenty-four months.
Only those farm labor contractors and fheir employees who
Shave not been cited during the last five years under either FLCRA
or MSPA are eligible for an extended renewal certificate.

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 Depart-
ment of Labor.
Has been convicted within the last five years of:
a) Any gambling, alcoholic or illegal farm labor contracting
activity.
b) Any felony involving robbery, bribery, extortion,
embezzlement, grand larceny, burglary, arson, narcotics,
murder, rape, assault with intent to kill, assault which in-
flicts grievous bodily injury, prostitution, peonage, or
smuggling or harboring illegal aliens.

Joint employment
The joint employment concept contained in the Fair Labor Stan-
dards Act is embodied in the MSPA. The term joint employment
means a condition in which a single individual stands in the rela-
r- tion 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. 4<
The degree of supervision, direct or indirect, of the work.
The power to determine the pay rates or the methods of pay- -
ment 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.
Migrant and Seasonal Agricultural Worker Protection Regula-
tions, Federal Register, Vol. 48, No. 157, August 12, 1983, pp.
36736-36765.
Labor Bulletin No. 416, May 5, 1983, Florida Fruit and
Vegetable Association, Orlando, Florida.
Labor Bulletin No. 419, August 23, 1983, Florida Fruit and
Vegetable Association, Orlando, Florida.


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
Rural Manpower Service
214 N. Duval Street
Tallahassee, Florida 32302
Phone: 904/488-3131

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



4







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

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

FARM LABOR CONTRACTOR (CREW LEADER)
REGISTRATION STATE

SWho must comply:
A Farm Labor Contractor Registration certificate is required by
any individual who:
S1) 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 10 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 10 or more farm workers
and who, for a fee or other valuable consideration, directs, super-
vises, or controls all or any part of the work of such workers.

Exclusions:
The Florida Farm Labor Contractor Registration Law does not
apply to any person who is the owner or lessee of a farm or who
is the owner or lessee of a packinghouse or food processing plant
Sand who employs workers in planting, cultivating, harvesting, or
preparing agricultural products for delivery to such packinghouse
or food processing plant.

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






vided by the financial responsibility laws of Florida.
7) Provide Worker's Compensation coverage for all workers.
8) Furnish the Division of Employment Security with a set of
his fingerprints.
9) Retain for two years a copy of each Notice of Payment and 4,
other required payroll information. Applicant should be
prepared to provide copies of payroll receipts or check stubs
if requested by the registering agency.

Additional information:
Chapter 450, Part III, Florida Statutes

Responsible agency enforcement and reg-.
istration:
Florida Department of Labor and Employment Security
Division of Labor, Employment and Training
Rural Manpower Service
Caldwell Building, 215 N. Duval Street
Tallahassee, Florida 32302
Phone: 904/488-3131
NOTE: Florida law provides for the repeal of this law when an
agreement is finalized between the Department of 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, cer-
tification, compliance, and enforcement of the Migrant and
Seasonal Agricultural Worker Protection Act of 1983, as amend-
ed, 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. Enforcement is the same as any statutory
law and is the responsibility of the local State's Attorney office.
Penalties for the first conviction are considered noncriminal and
subject to a fine of up to $500. The second conviction and each
subsequent conviction shall be considered a misdemeanor of the -
second degree, with respect to each illegal alien, and subject to
fine and imprisonment.

Other information:
Chapter 448.09 Florida Statutes.
NOTE: See section on Migrant and Seasonal Agricultural Worker
Protection Act (MSPA) Federal for federal law on hiring illegal -*
aliens.
..
FIELD SANITATION AND
DRINKING WATER STATE

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







SEmployer must:
Provide facilities including toilets, handwashing facilities and
Spotable drinking water as follows:
Where nine (9) or less workers are engaged in one location,
toilet and handwashing facilities need not be in close proximity
Sto 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 loca-
tion at one time, at least one (1) toilet and handwashing facility
Shall be provided at the location for each forty (40) workers or
fraction thereof.
When it is not possible to comply with the above requirement
Because of physical or terrain conditions, toilet and handwashing
facilities shall be located at the point of vehicular access closest
to the workers.
Toilet facilities shall be constructed and maintained in 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.
i b) Waste container shall be watertight and constructed of non-
absorbent, acid-resistant, non-corrosive, easily cleanable material.
c) Floors and interior walls shall have a non-absorbent finish
and be easily cleanable.
d) Toilet tissue shall be provided and units for male use pro-
vided with urinals.
e) Waste containers shall be completely emptied, thoroughly
" cleaned and disinfected at least twice weekly.
f) The inside of toilets shall be cleaned and disinfected each time
the waste container is emptied.
Sludge and/or contents from septic tanks, grease traps, tem-
porary privies or similar waste disposal appurtenances shall be
disposed of by treatment methods approved by the local Public
SHealth unit or by burial, incineration, or sanitary landfill when
approved by the local Health Department. Disposal into drainage
Switches or surface waters is prohibited.
Each operator must annually obtain a dumping permit from
the local Health Department. The following evidence must be pro-
S. vided to obtain a permit:
a) That equipment is adequate and in good repair. Equipment
shall be inspected and approved by the local Health Department.
b) Permanent address of the business and location of equipment.
c) Satisfactory and acceptable method and place for waste
Disposal. If an employer contracts with a licensed septic tank firm
-, to service his units, the employer may not have to obtain a dum-
ping permit. See your local Health Department.
Sd) Knowledge of applicable rules and regulations.
Handwashing facilities shall be convenient, supplied with
potable water in appropriate container and provided with soap
Sor 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
Sif necessary, the prevalent native language of the workers. Single
service cups shall be provided unless water is dispensed from a






fountain equipped with an angle jet outlet. Ice used for cooling
water shall be made from potable water and shall be handled in
a sanitary manner.

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

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

Request for information concerning:
Permits, compliance, and other problems should be referred to
the local County Public Health Unit.
NOTE: In the March 1, 1983 issue of the Federal Register, the U.S.
Department of Labor, Occupational Safety and Health Administra-
tion, published a request for comments and information on a field
sanitation standard for agricultural workers. OSHA is under a court
order to publish a proposed regulation by June 16, 1984 and a final
standard by February 16, 1985.

FARM LABOR CAMPS FEDERAL
There are currently two federal laws which apply to migrant
farm labor camps. The older is the housing standards law ad- ,
ministered by the U.S. Department of Labor, Employment and.,
Training Administration (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, Oc-
cupational 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.
Effective April 14, 1983, passage of 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 employment."
In addition, employers housing migrant agricultural workers must
comply with applicable substantive State housing safety and health
standards.







Inspections:
Agricultural employers using the interstate worker recruitment
Service of the Florida Employment Service must have their hous-
ing inspected and approved prior to the completion of the applica-
tion for workers. It is possible for an order to be conditionally pro-
cessed 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 remov-
Sed 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
Snot 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 standards.
OSHA inspections of migrant agricultural worker housing is on
a post-occupancy basis. There is no licensing procedure under
SOSHA 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.
Recently the three U.S. Department of Labor Agencies respon-
Ssible for housing standards enforcement agreed on a plan for coor-
Sdinating their inspections of migrant labor housing facilities. Under
the agreement ETA (Employment and Training Administration)
,through state employment service agencies, will continue to con-
duct pre-occupancy inspections of facilities on farms which it sup-
plies with workers. ESA (Employment Standards Administration)
will inspect 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
,r covered by the other two agencies. OSHA will continue to inspect
camps on a post-occupancy basis where injuries, deaths or com-
plaints 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, A ,
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 97-470) 29 U.S.C. 1801.
Migrant and Seasonal Agricultural Worker Protection Regula-
tion, Federal Register, Vol. 48, No. 157, August 12, 1983, pp. -
36736-36765.

Responsible agency:
41
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
Rural Manpower Services
214 N. Duval Street
Tallahassee, FL 32302
Phone: 904/488-3131

Local offices can be found in the telephone direc- -
tory under
Florida, State of
Labor and Employment Security, Division of
Florida State Job Service

MIGRANT LABOR CAMPS AND MIGRANT -.
DWELLING UNITS STATE

Who must comply:
Anyone who operates a Migrant Labor Camp

A migrant labor camp is defined as:
One or more buildings or structures, tents, trailers, or vehicles,
or any portion thereof, together with the land appertaining .-
thereto, established, operated, furnished as incident of employ-
ment, or used as living quarters for five or more seasonal, tem-
porary or migrant farm workers whether rent is paid for the use
or occupancy of such premises. Migrant labor camp also includes
two or more migrant dwelling units located on the property of one







person and housing 5 or more seasonal, temporary or migrant farm
workers.

,A migrant dwelling unit is defined as:
One family, two family or three family houses or dwelling units
Established, operated, or used as living quarters for seasonal, tem-
porary or migrant farm workers whether or not rent is paid for
Sthe use or occupancy of such premises.

- Camp owners or operators must:
1. Apply for and be issued a permit by the Florida Department
of Health and Rehabilitative Services through the local Coun-
ty Public Health Unit for each migrant labor camp. Applica-
tions for renewal must be filed 30 days prior to the expira-
tion. All permits will expire on September 30th of each year.
2. Pay an annual fee for each permit ranging from a minimum
of $50 to $225 depending upon the number of occupants of
the facility.
3. Comply with the Sanitary Code of Florida in such areas as:
a) Campsites
b) Shelters
c) Potable water
d) Insect and rodent control
e) Heating
f) Lighting
g) Excreta and liquid waste disposal
h) Plumbing
i) Toilets
j) Washrooms, bathrooms and laundry tubs
k) Food service facilities
1) Beds and bedding
m) Living space per occupant
n) Equipment maintenance
o) Fire protection
p) Sanitary maintenance
4. Post the permit in the camp or other facility during the period
of occupancy.
5. Refrain from employing persons with communicable diseases
and report any communicable diseases in the camp to the
local health department.

Occupants must:
Use the sanitary and other facilities provided.
Comply with all applicable camp regulations.


Right of entry:
The Department of Health and Rehabilitative Services or its in-
spectors may enter and inspect migrant labor camps and migrant
dwelling units at reasonable hours and investigate such facts, con-
ditions 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 without a permit, but such en-
try shall not be made without the permission of the owner or per-
son in charge or unless a warrant is first obtained from the cir-
cuit court.


L T






Related Information:
Florida Statute 381.422 through 381.482.
Florida Administrative Code 10D-25, Part d.

Responsible agency:
Florida Department of Health and Rehabilitative Services
Health Program Office
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 County Public Health unit.

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

Drivers of Farm Trucks
Exemptions:
In general, any person 18 years old or older who operates a farm
vehicle is exempt from certain provisions of the Federal Motor
Carrier Safety regulations if:
1. The gross weight of the farm vehicle is 10,000 pounds or less.
2. The gross weight of the farm vehicle is over 10,000 pounds
but the vehicle is operated within 150 miles of the farm.
3. The vehicle is transporting machinery or supplies to or from
a farm for custom harvesting or transporting custom harvest crops
from the farm to storage or market.
4. The vehicle is used by a beekeeper engaged in the seasonal
transportation of bees.

These exemptions generally apply to such things
as:
1. Age
2. Listing of violations
3. Certificate of driver's road test
4. Written examination
5. Application for employment
6. Background inquiries
7. Medical examination
8. Maintenance of records

General requirements:
Aside from these exemptions a driver of a farm vehicle must ,
meet the physical requirements and comply with all other provi-
sions of the Federal Motor Carrier Safety Regulations. For exam-
ple, 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.
SA 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 vehi-
cle cannot have diabetes, cardiovascular disease, respiratory
S-dysfunction, high blood pressure, arthritis or rheumatism or epilep-
sy 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
Sto 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
SCarrier Safety, October 31, 1979.

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 im-
. plementing the Migrant and Seasonal Agricultural Worker Protec-
tion Act of 1983. The DOL adopted, virtually intact, 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 qualifica-
tions 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
Sof 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:
s. 1. Be 21 years of age or older.
2. Have no mental, nervous, organic or functional diseases like-
ly 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,
Sand 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.
S 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 cer-
tificate of physical examination at all times.
9. Read and speak English.






10. Possess a valid driving permit applicable to the type of vehi-
cle being driven.

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

Vehicle specifications:
The regulations also specify certain parts and accessory re-
quirements 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 A
d. Heaters permitting air contamination
e. Heaters not securely fastened

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






Subpart D, Migrant and Seasonal Agricultural Worker Protec-
Stion Regulations, Federal Register, Vol. 48, No. 157, August 12,
1983, pp. 36754-36759.

~'Responsible agency (interstate):
SU.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
STampa, 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

Responsible agency (intrastate and interstate):
U.S. Department of Labor
Employment Standards Administrations
Wage and Hour Division
1371 Peachtree Street, N.E.
Atlanta, GA 30309
*-
For local offices, see the telephone directory for:
U.S. Government
Labor, Department of
Wage and Hour Division


~TRANSPORTATION FARM WORKERS STATE

rWho 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
Sor station wagon. A migrant farm worker transporting himself and
his 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 worn so as to expose fabric.
c) Have a tread configuration in contact with the road.
d) Not be regrooved, retreaded, or recapped on the front
wheels.
2) Passenger compartment must:
a) Have a smooth floor without cracks or holes and without 4
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 fasten- 4
ed to the vehicle. Seats shall be not less than 16 inches
nor more than 19 inches above the floor, at least 13 in- 4
ches 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 in-
clement weather by a top at least 80 inches high and pro-
visions 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 a 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 i
emergency exit in addition to the exit described in f.
j) Means shall be provided to enable passengers to com-
municate with the driver.
3) Protection from cold:
Each vehicle shall be provided with a safe means of protecting
passengers from cold or undue exposure.
The following types of heaters are FORBIDDEN:
a) Exhaust heaters.
b) Open flame heaters.
c) Heaters permitting fuel leakage.
d) Heaters permitting air contamination.
e) Heaters not attached.

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







SResponsible 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

SWho 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' Compensation rates for
each employment activity and job classification. The Workers'
SCompensation premium rate is paid by the employer as a percen-
tage 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 on Notice of Injury Form (LES form BCL-1)
Sas follows:
1) If the injured worker is disabled more than seven days, the
accident must be reported to the Division of Workers' Com-
pensation, your insurance carrier and the injured employee.
The employer has seven days after the actual knowledge of
injury or death to report same to the insurance carrier and
the employee, and ten days to report same to the Division
of Workers' Compensation. In reporting to the insurance car-
rier and the employee, if the seventh day falls on a Satur-
day, Sunday or holiday, mail the report on the next follow-
ing work day. The injury should be reported immediately if
it is obvious the injury is serious enough to cause more than
seven days of disability.
2) If the injured worker is disabled seven days or less, but non-
staff professional medical treatment (for which a bill will be
presented) is required, mail the "carrier" copy of Form BCL-1
to your insurance carrier so the medical bill may be prompt-
ly paid. Furnish the "employee" copy of Form BCL-1 to the
injured worker, making sure he is aware of his rights as
outlined on the back of the form. Do not report the accident
to the Division of Workers' Compensation, but retain the
"Division" copy of Form BCL-1 on file so that if the injured
employee subsequently misses more than seven days of work
or files a claim it can be filed immediately.




, 4


3) If the injured worker is disabled for seven days or less and
no non-staff professional medical treatment is provided, the l
injury does not need to be reported. V
4) If the minor injury covered in #3 eventually results in more/
than seven days of disability or the injured worker files /
claim, you should immediately file the "Division" copy of
Form BCL-1 with the Division of Workers' Compensation -
along with a cover letter explaining the delay in filing.
5) If the injury results in death, the employer must give a special 4.
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.
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.
'4

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- e
station, or date of last remedial treatment.
Pay his own attorney's fees, except when (a) employee wins
claim for medical benefits, (b) carrier has acted in "bad faith,"
or (c) when employee wins a claim on the issue of coverage. The
cost of Workers' Compensation is paid by the employer. It is against
the law for the employer to charge his workers for this insurance.

Prior injuries:
Employers of workers who are injured and who have experienc-
ed 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, per-
manent impairment or wage loss which is greater than would have
been the case without the preexisting condition. Employers must
be aware of the preexisting condition prior to the accident to be
eligible for reimbursement from the SDTF. In order to comply with
the provisions of the SDTF employers should attempt to ascertain
prior disabilities at the time of employment.
Payments are made to injured employees to offset loss of income
and medical costs, including death and disability payments. In-
jured employees receive 66% percent of their average weekly wage
with a maximum which is equal to 100 percent of the state average
weekly wage. For injuries occurring in 1983 this limit was $271 ,.
per week. For injuries occurring in 1984, the limit is $288 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 percent of his
average pre-injury wages.







. Additional information:
Chapter 440 Florida Statutes.
The Division of Workers' Compensation has a toll-free number
that can be called from anywhere in Florida, dial 1-800-342-1741.
1982-1983 Employers' Handbook on the Florida Workers'
-Compensation Law, Mary Ann Stiles, Associated Industries of
Florida, Service Corporation, P. O. Box 784, Tallahassee, Florida
32302, $22.00.
Wage Loss and You, Department of Labor and Employment
Security, Division of Workers' Compensation.
Workers' Compensation and You, Department of Labor and
SEmployment Security, Division of Workers' Compensation.
Facts about Workers' Compensation Insurance for Employers,
SDepartment 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.

SResponsible 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)

District offices: (compliance-field services)
District #1
Suite 380, State Office Building
215 Market Street
Jacksonville, FL 32202
Phone: 904/359-6081
District #2
33 N.E. 2nd Ave.
Suite 201
Ft. Lauderdale, FL 33301
Phone: 305/561-4501
District #3
Hillsborough County Regional Center
1313 North Tampa Street, Room 915
Tampa, FL 33602
Phone: 813/272-2793
District #4
Orlando Regional Service Center
400 West Robinson Street, Room 601
SOrlando, FL 32801
Phone: 305/423-6296
District #5
401 N.W. 2nd Avenue
Suite 390
Miami, FL 33128
Phone: 305/377-5385







Local offices can be found in the telephone directory under:
Florida, State of
Labor and Employment Security, Department of
Workers' Compensation, Division of
Compliance, Bureau of
Industrial Safety, Bureau of
Rehabilitation, Bureau of
Investigation, Bureau of


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

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

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

Information Returns: 4
The farm employer who agrees to withhold federal income tax -
on farm workers must prepare and give to an employee a Form
W-2, "Wages and Tax Statement," by January 31 for the 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 February 28th.

Employee Tax Obligations:
Farm employees should be aware that every citizen or resident
of the U.S., whether an adult or minor, who has $3,300 or more-.
income in 1983 must file a return. In the case of married couples
filing joint returns, the amount is $5,400. These figures increase .
by $1,000 if the individual or spouse is over 65 years of age and







-by $2,000 if both are over 65. The taxable income thresholds
change from year to year and the current amount should be ob-
tained from I.R.S.
SA 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 $100 or more and expects a gross income of $500 or more from
Sources not subject to withholding. The tax may be paid in four
equal installments.
SRecent tax protests have resulted in individuals claiming ex-
cessive numbers of dependents in order to avoid income tax
withholding. Recent rulings by I.R.S. require that anyone claim-
ing ten or more dependents must have the Form W-4 reviewed
, by an I.R.S. office. If faced with this situation an employer should
consult with the local I.R.S. office.

Related information:
In 1982 Circular A, Agricultural Employer's Tax Guide, Publica-
;tion No. 51, Internal Revenue Service.

Responsible agency:
U.S. Department of the Treasury
Internal Revenue Service
Local offices are found in the telephone directory under:
United States Government
Internal Revenue Service
For toll-free information dial 1-800-424-1040
To order tax forms call toll-free 1-800-241-3860


HUMAN RIGHTS -
DISCRIMINATION FEDERAL
SWhile the courts have interpreted the National Labor Relations
P 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 three basic federal laws and apply
to most, but not all farm employers.

Civil Rights Act of 1964:
Title VII of the Civil Rights Act of 1964, as amended, prohibits
-discrimination on the basis of race, color, religion, sex and national
origin. Employers may never discriminate on the basis of race or
.,color. Employers may discriminate on the basis of religion, sex,
or national origin if it is a bona fide occupational 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 requir-
ing heavy lifting may be difficult for many women. But if some
women can do it, it is not essential to make it ajob for men only.
-'Rather the job description should describe in detail what must be
lifted, and all applicants or promotion candidates should be ques-
tioned 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 cur-
'rent or preceding year. Under this law, when discrimination has
been established, the courts are authorized to grant broad judicial

45







relief. Intent (to discriminate) can be inferred from the totality,
of circumstances, 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 discrimina-
tion. Hence, lack of familiarity with the law may not be an adel m
quate defense.
In the hiring process care should be taken in the questions ask- *
ed on an employment application form and in the interview. Ques-
tions 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 4
to be illegal. Examples 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?)

Equal Pay Act of 1963:
The Equal Pay Act of 1963 which amends the Fair Labor Stan-
dards Act of 1938 was enacted for the purpose of correcting "Wage '
differentials based on sex." The act requires equal pay for both
sexes for jobs requiring substantially equal skill, effort and respon-'
sibility, and for jobs which have similar working conditions. The
job or working condition comparisons usually only apply to one'4
establishment or plant, even if an employer has similar, multiple
plants or establishments. Violations of this act are cured by rais-,
ing 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 of1963 applies tofarmworkers and pro-' .
hibits 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 seniori-
ty system, (b) a merit system, or (c) a system which measures
earnings by quantity or quality of production.

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

Age Discrimination in Employment of 1967:
This act prohibits employers with 20 or more workers dur, 4
ing at least 20 calendar weeks of the current or preceding year
from discriminating against individuals aged 40 to 70 in matters
of hiring, discharging, wages and terms, conditions or privileges'"
of employment because of age.
The law prohibits any statement in advertisements which in-4
dicate any preference, limitations, specifications, or discrimina-r-







Stion 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 "supplement your pension" are also prohibited
A since they discriminate against others in the 40 to 70 year old
group. The phrase "state age" is not, in itself, a violation of the
act. However, since it is felt that such a phrase will tend to deter
older applicants, its use will be carefully scrutinized to assure that
Such a request is for a lawful purpose. The same reasoning should
be followed when using similar phrases such as "give date of birth"
,on an employment application.
The act does not prohibit specification of a minimum age below
0 40 in advertisements, i.e., "must be 18 or over." However, Florida
farm employers should bear in mind that the Florida Human Rights
SAct 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 is
establishing that it applies is the responsibility of the employer.
t 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 defini-
tion is made of these other factors and the burden of proof is on
the employer.
If the results of a test are used as the basis for differentiation
and cannot be related to job performance, it is unlawful. A vital
factor in employee testing as it relates to the 40-70 age group is
" the "test-sophistication" or "test-wiseness" of the individual.
Younger persons, due to the increased use of tests in primary and
r 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.

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

SFlorida designated 706 agencies:
-Broward County Human Relations Division
Governor's Club, Room 601
236 S.E. 1st Avenue
Ft. Lauderdale, FL 33301
Phone: 305/765-5260
City of Clearwater Community Relations Department
P. O. Box 4748
10 South Missouri Avenue
Clearwater, FL 33518
Phone: 813/463-6884






Dade County Fair Housing and Employment Appeals Board
1515 N.W. 7th Street, Room 205
Miami, FL 33125
Phone: 305/547-7840
Florida Commission on Human Relations
Building F, Suite 240
325 John Knox Road
Tallahassee, FL 32303
Phone: 904/488-7082
Jacksonville Equal Employment Opportunity Commission
City Hall, Room 701
220 East Bay Street
Jacksonville, FL 32202
Phone: 904/633-2010
Orlando Human Relations Department
400 S. Orange Avenue, Room 103
Orlando, FL 32801
Phone: 305/849-2122
St. Petersburg Office of Human Relations
175 5th Street, North
P. O. Box 2842
St. Petersburg, FL 33731
Phone: 813/892-7345


Related information:
Eliminating Discrimination in Employment: A Compelling Na-
tional Priority, The U.S. Equal Employment Opportunity Commis- '
sion, July 1979. 1
Laws Administered by EEOC, Equal Employment Opportunity
Commission, Washington, D.C., January 1981.

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

Area office:
700 Twiggs, 3rd Floor
Tampa, FL 33602
Phone: 813/826-2317

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) 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 discrimination
investigation.
Post a notice, in a conspicuous place, setting forth the basic
provisions of the Human Rights Act of 1977 and indicating how
and where to file complaints.
Preserve all employment records once a complaint has been
filed against the employer.
Employees have 180 days from the date of a perceived
discriminatory act to file a complaint with the Commission on
Human Rights at its offices in Tallahassee.

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

Responsible agency:
Florida Commission on Human Relations
Building F, Suite 240
325 John Knox Road
STallahassee, FL 32303
Phone: 904/488-7082

ADVANCE EARNED INCOME CREDIT FEDERAL

Who must comply:
All employers including farmers must pay Advance Earned In-
come 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.
If-
SEmployer must:
Provide the Form W-5, Earned Income Credit, Advance Pay-
ment Certificate, to the employee upon request (available at the
nearest IRS office or post office).
' When a Form W-5 is filed,
a) Compute employee's gross pay (for agricultural employees
-'gross pay is interpreted to mean those wages subject to Social
Security taxes).
b) Compute employee's Social Security and Withholding Tax
(Withholding tax not applicable to agricultural employees unless
worker has voluntarily asked employer to withhold income tax).
c) Refer to tables in IRS Circular E (Supplement), Employer's
" Payment 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
Sfor the pay period.

49






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-
vance 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 taxe-
(non-farm employers only) as he periodically remits funds to the4
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 for 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 exemption.
Has a combined earned income (including the spouse) of
$10,000 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 filM
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, In,,
come 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 respond
sible agency see below):
Circular E (Supplement), Publication 15, Employer's Tax
Guide.

t.







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

,Responsible agency:
Department of the Treasury
Internal Revenue Service
SWashington, D.C. 20224
jocal offices can be found in the telephone directory under:
U.S. Government
. Internal Revenue Service
For toll-free information dial 1-800-424-1040

TARGETED JOBS TAX CREDIT FEDERAL
b The Revenue Act of 1978, as amended, currently provides a
L Targeted Jobs Tax Credit for qualified wages paid or incurred by
employers in the employment of targeted groups until January
1, 1985.
Employers may utilize this tax credit if they employ individuals
who are classified as being in one of the following targeted groups:
1. Physically or mentally handicapped persons who are refer-
'Yed to the employer from a state vocational rehabilitation or
Veterans Administration program.
1 2. Youth, at least 18 years old but not yet 25, who are members
,of an economically disadvantaged family. The family's annual in-
Scome must be less than 70 percent of the Bureau of Labor Statistics
lower living standard (for a family of four, the range is $8,780 to
$11,000).
3. Vietnam-era veterans who are economically disadvantaged.
^ 4. A convicted felon who is a member of a disadvantaged family
and is employed no more than five years after the most recent
6f conviction or release from prison.
, 5. Individuals who receive Supplemental Security Income (SSI)
for any month ending in the pre-employment period.
. 6. Individuals who receive cash payments based on need from
state or local assistance programs for at least 30 days ending in
the pre-employment period.
* 7. Youth, who are at least 16 years old but not yet 19, from
disadvantaged families who have not graduated from high school
L or vocational school and are participating in a qualified cooperative
educational program.
8. Individuals who were placed in employment under the WIN
program, were eligible for Aid to Families With Dependent
Children (AFDC) and in receipt of AFDC payment immediately
prior to hiring.
0* 9. Youth, age 16 to 17 from disadvantaged families for any 90
day period between May 1 and September 15. The allowable credit
for this target group is 85 percent of the first $3000 of wages.

Certification:
Targeted group eligibility certifications are made by the Florida
State Job Service (FSJS) or a school participating in a qualified
"cooperative educational program. Jobseekers may apply directly
to FSJS or be referred by a prospective employer. If determined
eligible a voucher is issued by FSJS. Vouchers are good for 45 days.






Once a worker is hired, the employer completes a section of the
voucher and returns it to FSJS or the school. The FSJS in'
Tallahassee completes the certification process and provides the
employer with a final certification. 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 two years of eligible ,
employment. Employment must be prior to January 1, 1985 to be
eligible for the tax-credit. The amount of credit is 50 percent of i
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 4
employee. The credit can be taken only on employment related
to a business or trade. Personal employment, i.e. maid, yardman, ,,
gardener, or household employee, is not eligible for the tax credit.
In figuring business expenses for computing income tax, the .1
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 cer- ,.
tified employees after on-the-job training is completed.
WARNING Retroactive certification is no longer permit-,
ted. The certification must be received or requested in writing by
the employer before the potential employee actually begins work. q
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 for-
ward for seven years.

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

Other information:
Labor Bulletin No. 400, November 2, 1981, Florida Fruit and
Vegetable Association, P. O. Box 20155, Orlando, FL 32814
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

1f






Local offices are listed in the telephone directory under:
U.S. Government
Internal Revenue Service
For toll-free information dial
1-800-424-1040

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 32301
Phone: 904/489-9180
Local offices are listed in the telephone directory under:
Florida, State of
Labor and Employment Security,
Division of
Employment Security, Division of
Florida State Job Service

TAX CREDIT FOR NEW JOBS PROGRAM STATE
The Tax Credit for New Jobs Program allows businesses located
anywhere in Florida to receive a credit on their Florida corporate
income tax of 25 percent of wages paid to employees who are sub-
ject to unemployment tax, hired into new jobs, and who live in
Officially designated enterprise zones. The credit applies to
employees receiving no more than $1,500 a month for a period
of 12 months. If an eligible employee becomes ineligible for the
credit prior to being employed for 12 consecutive months, the
employer may employ a replacement who shall be eligible for the
unused portion of the 12 months credit. This program is authoriz-
ed through June 30, 1986.
Designated enterprise zones are areas which chronically display
extreme and unacceptable levels of unemployment, physical
deterioration, and economic disinvestment.
Unused portions of the tax credit may be carried forward for
5 years.

Eligibility:
Businesses are eligible for the corporate income tax credit if:
Each new employee lives in a designated enterprise zone on
the date of hire and on the last day of the tax year for which credit
is claimed.
The new employee has not been employed by the business
- during the previous 12 months.
The new employee is not hired to replace an employee who
was employed during the past 12 months.
The new employee does not earn more than $1,500 per month.
The new employee has not been found guilty of a criminal
offense arising from a civil disorder.
The new employee has worked at least 20 hours per week.







How to apply:
When filing the Florida Corporate Income Tax (Form F-1120),
complete and attach:
1. Economic Revitalization Jobs Creation Incentive Credit (Form
F-1157) which lists the names and addresses of all employees for
which the credit is claimed, and
2. A copy of the resolutions) designating the areas) in which
the employees reside as enterprise zones and a copy of the ap-
proval of this designation by the Secretary of the Department of
Community Affairs.

Limitations:
Because Florida tax law provides an exemption for the first 4
$5,000 of income earned, a company's net income must exceed
this amount for the tax credit to be effective.
Because the tax credit is on corporate income taxes, it offers
no advantages for sole proprietorships or partnerships.
The amount of the credit received is added back into Florida
taxable income thereby reducing the effect of the credit by 1.25 '
percent.
The credit increases Federal tax liability. Since the credit
reduces Florida taxes, it also reduces the amount that can be
deducted from Federal Taxable income, and thus increases the
amount of Federal taxes a business must pay.

Other information:
Tax Incentives for Community Revitalization in Florida,
Department of Community Affairs, Division of Local Resource
Management, September, 1983.
Florida Statutes Chapter 220.181 (1982 Supplement)
Florida Statutes Chapter 290 (1982 Supplement)
4
Responsible agency:
For TAX information contact:
Department of Revenue
Taxpayer Assistance Section
Carlton Building
Tallahassee, FL 32301
Phone: 904/488-6800
Local offices are listed in the telephone directory as:
Florida, State of
Revenue, Department of
For information on ENTERPRISE ZONES contact:
Department of Community Affairs
Division of Local Resource Management
2571 Executive Center Circle East
Tallahassee, FL 32301
Phone: 904/488-1536

Florida Landlord-Tenant Law
The Florida Landlord-Tenant Law was amended in 1981 to in-
clude housing which is provided to employees as an incidence of
employment either with or without the payment of rent. If the






dwelling unit is furnished without rent as an incident of employ-
Sment 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
SChapter 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.

SPortal-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.






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