March 1978 Circular 411A

Handbook of Regulations

Affecting Florida Farm

Employers and Employees

-' -- .,' -2 .
4..-c __ _-

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

TABLE OF CONTENTS

PAGE
OCCUPATIONAL SAFETY AND HEALTH
ACT Federal (OSHA) ......................4

ILLEGAL ALIENS State .................... .6

SOCIAL SECURITY ....................... 7

FAIR LABOR STANDARDS ACT
(MINIMUM WAGE) Federal ..............8

CHILD LABOR Federal .....................10

CHILD LABOR State .......................12

TRANSPORTATION FARM WORKERS State ..... 13

UNEMPLOYMENT COMPENSATION -
State and Federal ........................14

FARM LABOR CONTRACTOR (CREW
LEADER) REGISTRATION Federal ........... 16

FARM LABOR CONTRACTOR (CREW
LEADER) REGISTRATION State ............ 19

FIELD SANITATION AND DRINKING
WATER State ..........................20

FARM LABOR CAMPS TEMPORARY Federal .... 22

FARM LABOR CAMPS SEASONAL LABOR -
State. ............... ........ ..... .. .. .24

MOTOR CARRIER SAFETY LAW Federal ........ 25

WORKMEN'S COMPENSATION State ........... 26

INCOME TAX Federal ......................27

RELATED LAWS AND REGULATIONS .......... 28

A Spanish edition of this handbook is available at the County
Extension Office.

Handbook of Regulations Affecting
Florida Farm Employers and Employees

C. D. Covey*
This is the first revision of the handbook which was
released two years ago.
The federal and state laws which govern the relation-
ships between farm employers and their employees con-
tinue to increase in number and complexity. Since most
of these laws exempt some farm employers and not others,
confusion often exists concerning who should comply.
Since most of these laws and regulations were enacted
and promulgated for the benefit of farm employees, farm
workers should be aware of the basic provisions of the
regulations designed to protect their safety and well
being.
This handbook is intended to provide a convenient refer-
ence to the major provisions of the various state and
federal regulations which affect farm employers and em-
ployees. It reflects state and federal laws as of January
1, 1978 as they apply to farm field workers and not to
workers considered non-agricultural, such as packinghouse
workers. Generally the handbook should serve only to re-
mind employers of the principal or fundamental provisions
of the various laws and regulations which govern most of
their responsibilities toward their employees.
This handbook does not and should not substitute for
specific advice and guidance from responsible state and
federal agencies, knowledgeable grower associations, or
other experts in the agricultural labor law field.
In the case of Child Labor, Farm Labor Contractor
(Crew Leader) Registration, Farm Labor Camps and per-
haps others, employers and employees are covered by
both state and federal laws. Whenever a State standard
differs from a Federal standard, the higher must be ob-
served.
Although the information contained herein was obtain-
able from reliable sources and is believed to be correct as
of January 1, 1978, it does not carry the force or intent
of law and the author assumes no liability arising there-
under.
The author wishes to express his appreciation to Robert
Emerson, Gary Fairchild, Allison French, Clark Ghiselin,
George Sorn, and James Wershow for their thoughtful
review and suggestions for improving this publication. To
the state and federal agency personnel who reviewed the
material for accuracy and supplied the locations of re-
sponsible regional, state and local offices, the author ex-
presses his thanks.
Appreciation is expressed to Ms. Jill Nelson for her
patience in typing the drafts of this publication.

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

3

OCCUPATIONAL SAFETY AND HEALTH ACT-
FEDERAL (OSHA)
Who must comply:
Any agricultural employer of one or more workers en-
gaged in a business that affects interstate commerce. This
act does not apply to members of the farmer's family
who work for him. (Annual appropriation bills for OSHA
funding have, since October 1, 1976, excluded farmers
who employed 10 or fewer persons at any time during the
previous 12 months from both the enforcement and pro-
mulgation of OSHA standards-check with the area
OSHA office to determine if this exclusion is currently in
force.)
All Employers must:
Inform employees of regulations and display relevant
posters.
Report deaths or serious injuries of five or more em-
ployees in the same accident within 48 hours.
Employers of 11 or more workers during the preceding
year must:
Keep required records of occupational injuries and ill-
nesses.
Display the Summary of Occupational Injuries and Ill-
nesses, OSHA Form 102 during February each year in a
place where workers may see it.
Comply with the general duty clause on providing a
work place free from recognized hazards and comply with
the specific agricultural standards for:
a) slow moving vehicle emblems.
b) logging and pulpwood operations.
c) storing and handling of anhydrous ammonia.
d) rollover protection structures (ROPS) and seatbelts
on certain tractors.
e) labor camps.
f) guarding of farm machinery.
Employees must:
Comply with all safety and health regulations which
are applicable to his own actions and conduct.
Additional Information (Obtainable from the Respon-
sible Agency-See below)
A Handy Reference Guide, The Williams-Steiger Oc-
cupational Safety and Health Act of 1970.
OSHA 2003, (Poster) Safety and Health Protection
on the job.
OSHA 2011, Safe Use of Anhydrous Ammonia.
OSHA 2056, All About OSHA: The Who, What,
Where, When, Why and How of the OSHA Act of 1970.
OSHA 2070, Guidelines for Setting Up Job Safety
and Health Programs.
OSHA 2072, General Industry Guide for Applying
Safety and Health Standards.

4

OSHA 2082, Training Requirements of the OSHA
Standards.
OSHA 2098, OSHA Inspections.
OSHA 2256, Guarding of Farm Field and Farmstead
Equipment and Cotton Gins.
OSHA 2284, OSHA and the Farm or Ranch Em-
ployer.
Recordkeeping requirement under the Williams-Steig-
er Occupational Safety and Health Act of 1970 (publica-
tion includes poster and forms for Records).
What Every Employer Needs to Know About OSHA
Recordkeeping-Report 412.
Safety and Health Standards for Agricultural (Ex-
cerpts from the law that apply primarily to agriculture).
OSHA Handbook for Small Businesses.
Other Information:
OSHA Standard-ROPS, Agricultural Engineering
Extension Report 75-11, IFAS, University of Florida,
October 1975.
An Agricultural Discussion of OSHA, Agricultural
Engineering Extension Report 75-10, IFAS, University of
Florida, October 1975.
OSHA and Agriculture, a 29 minute slide/tape pro-
gram. Contact Extension Safety Coordinator, Department
of Agricultural Engineering, IFAS, University of Florida,
Gainesville, FL 32611. Phone 904/392-2468.
A course to familiarize employers and employees
with OSHA is offered through Valencia Community Col-
lege, Orlando. Phone 305/299-5000. Ext. 419.
Free inspections, without prejudice, are given by the
Florida Department of Commerce, Division of Labor. Con-
tact Administrator of Industrial Safety, 1321 Executive
Center Drive, E., Room 216 Ashley Building, Tallahassee,
FL 32301. Phone 904/488-3044.
Free inspections are offered by most major casualty
insurance carriers.
Rural Accident Prevention Bulletin, National Safety
Council, 444 N. Michigan Ave., Chicago, IL 60611.
English and Spanish Employee Operating Instruction
stickers for tractors are available from county Extension
offices and from the Florida Fruit and Vegetable Associ-
ation.
For a list of safety films available, contact Exten-
sion Safety Coordinator, Department of Agricultural En-
gineering, IFAS, University of Florida, Gainesville. FL
32611. Phone 904/392-2468.
Responsible Agency (administration and enforcement):
U. S. Department of Labor
Occupational Safety and Health Administration
Regional Office
Suite 587
1375 Peachtree Street, N.E.
Atlanta, GA 30309
Phone; 404/881-3573

(This section is continued on p. 6)
5

Area Offices:
Room 204
Bridge Building
3200 E. Oakland Park Blvd.
Ft. Lauderdale, FL 33308
Phone: 305/566-6547
2809 Art Museum Drive
Suite 4, Art Museum Plaza
Jacksonville, FL 32207
Phone: 904/791-2895
Room 624
700 Twiggs Street
Tampa, FL 33602
Phone: 813/228-2821
Field Offices:
P.O. Box 12212
Pensacola, FL 32581
Phone: 904/478-0830
Suite 315, Kogerama Bldg.
1300 Executive Center Drive
Tallahassee, FL 32301
Phone: 904/877-3215

ILLEGAL ALIENS-STATE
Who must comply:
Any person is in violation of the act if he knowingly
employs, hires, recruits or refers an alien who is not duly
authorized to work in the United States.
No provisions were included in this 1977 law to develop
implementing regulations. The law is enforced in the
same manner as any statuatory law. Enforcement is the
responsibility of the local State Attorney's office.
Penalties for first conviction are considered noncrimi-
nal and subject to a fine of up to $500. The second con-
viction and each subsequent conviction shall be considered
a misdemeanor of the second degree and subject to fine
and imprisonment.
Other Information:
Chapter 448.09 Florida Statutes

6

SOCIAL SECURITY-FEDERAL
Who must comply:
Any farm employer who pays an employee $150 or
more in cash wages during a calendar year OR
Any farm employer who pays an employee for 20 or
more days during a calendar year on a time basis (hour,
day, week, etc.).
Employers must:
Withhold 6.05 percent of employees' cash wages (in-
cluding the initial $150) and add an equal amount as the
employer's contribution (tax is currently limited to first
$17,700 of annual wages).
Under existing law the rate will go to 6.13 percent
on $22,900 of annual income on January 1st, 1979, and
6.13 percent on $25,900 of annual income on January 1st,
1980.
Employers having an undeposited liability of $200
or more of withheld income taxes and social security de-
ductions at the end of each month, must deposit these
funds in a Federal Reserve Bank or authorized commer-
cial bank by the 15th of the following month.
Prepare a W-2 Form showing the amount of social
security deductions by January 31st and provide employ-
ees with copies.
File Form 943 with copies of W-2 and W-3 Forms
with the Internal Revenue Service by January 31.
Self employed farmers:
Self employed farmers who report a net income of
$400 or more from the farming operation must contribute
to Social Security. In 1978 the contribution rate is 8.1
percent on net income up to $17,700. If a farmer also
earns wages, he contributes to Social Security from self
employment income until the combined earnings reach
$17,700. In 1979 the rate will be 8.1 percent on net income
up to $22,900 and in 1980 the rate will be 8.1 percent on
net income up to $25,900.
Additional Information:
Agricultural Employers Tax Guide, Publication 51.
Department of the Treasury, Internal Revenue Service.
Circular A, Agricultural Employers Tax Guide, De-
partment of the Treasury, Internal Revenue Service.
Responsible Agency:
U.S. Department of Health, Education and Welfare
Social Security Administration
Local offices are normally listed in the telephone book
under:
U.S. Government
Social Security Administration
Enforcement of the Social Security Act is under the
Internal Revenue Service.

7

FAIR LABOR STANDARDS ACT (MINIMUM WAGE)-
Federal
Who must comply:
Any farmer who hired 500 man-days of labor during
any calendar quarter of the preceding year (Equivalent
of about seven full-time employees working five days a
week).
The following employees are included in the 500 man-
day test, but are excluded from minimum wage require-
ments.
a) Employees who must be available at all hours to
care for range livestock.
b) Employees under 16 years who work with their par-
ents 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 test and minimum wage requirements.
a) Employer's immediate family.
b) Employees who
are paid on a piece rate basis and
were employed in agriculture as hand harvest laborers
fewer than 13 weeks in previous year and
commute to work daily (non-migrants).
Employers must:
Pay at least minimum wage to all covered employees
(currently $2.65 per hour; $2.90 after January 1, 1979;
$3.10 after January 1, 1980; $3.35 after January 1,
1981).
Maintain payroll records for at least three years for
each employee, including family members of employees.
These records should include:
1) Full name of employee.
2) Complete home address.
3) Sex and occupation in which employed.
4) Identification of employees who are:
a) Members of an employer's immediate family.
b) Hand harvest workers paid on a piece rate.
c) Employees principally engaged in range livestock
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. $3.00 per hour,
$25.00 per day or piece work.
8) Hours worked each workday and total hours worked
each workweek.
9) Total daily or weekly earnings.
10) Total additions to or deductions from wages with an
explanation of each.
11) Total wages paid each pay period.
12) Date of payment and pay period covered by pay-
ment.
Have on file a statement from each exempt piece rate
employee showing the number of weeks employed in agri-
culture during the preceding year.

8

Have on file the date of birth and the parent's name
for each exempt minor paid on a piece rate basis.
Maintain a file showing the full name, present and
permanent address, and date of birth of any minor under
18 who works when school is in session or works in a
hazardous occupation.
Employers may:
Deduct the cost of goods and services they supply to
employees, but not more than the reasonable cost or fair
value. Deductions for crew leaders services cannot drop
the employees' earnings below minimum wage.
Additional Information (Obtainable from the Respon-
sible Agency-See below)
WHPC 1223, Employment of Fulltime Students at
Subminimum Wages.
WHPC 1261, Records to be kept by Employers under
the Fair Labor Standards Act of 1938, as amended.
*WHPC 1288, Agricultural Employment under the
FLSA.
WHPC 1312, Hours Worked under the Fair Labor
Standards Act of 1938, as amended.
WHPC 1315, (Rev.), Exemptions Related to Agricul-
ture under the FLSA.
WHPC 1888, Farmer's Guide to the Agricultural Pro-
visions of the Fair Labor Standards Act.
WH 1282, Handy Reference Guide to the Fair Labor
Standards Act.
Responsible Agency:
Regional Office
U.S. Department of Labor
Employment Administration
Wage and Hour and Public Contract Division
1376 Peachtree Street, N.E.
Atlanta, GA 30309
Area Offices:
See Child Labor-Federal Section.

9

CHILD LABOR-FEDERAL
Who is exempt:
Minors under 16 employed by their parents on their
parents' farm.
*' Minors 12 through 15 employed by persons other than
their parents if the occupation has not been declared
hazardous and the employment is outside school hours
(see further restrictions on 12 through 15 year olds listed
below).
Minors 14-15 years of age who have undergone speci-
fic training and obtained a certificate may be employed
to perform certain hazardous occupations.
Examples of farm related hazardous occupations are:
Handling or applying anhydrous ammonia or other
specified chemicals.
Handling or using explosives.
Operating, driving or riding on a tractor with more
than 20 belt horsepower.
Operating or riding on a self-unloading feeder wagon.
Operating or riding on a rotary tiller, dump wagon
or forklift.
Operating or unclogging a power driven combine,
corn picker, etc.
Operating a power driven post hole digger or power
saw.
Working around timber with a butt diameter of more
than six inches.
Working from a ladder or scaffold more than 20 feet
high.
Working inside a fruit, forage or grain bin or silo
under certain conditions.
Working in pen, yard or stall with a bull, boar or
stud horse.
Restrictions on employment of children under 16:
Minors 14 and 15 may not be employed:
During school hours except for those enrolled in
certain work training programs.
Before 7 a.m. or after 7 p.m. from Labor Day through
June 1.
More than three hours a day on schooldays.
More than 18 hours a week when school is in session.
More than eight hours a day on non-school days.
More than 40 hours a week when school is not in
session.
Minors 12 and 13 may not be employed:
Except under the same restrictions as a 14 or 15
year old-AND ADDITIONALLY
Except with the consent of his parent or guardian
or if the parent or guardian is employed on the same
farm.
Minors under 12 may not be employed:
Except outside school hours and only by a parent
on a parent's farm, or with the consent of his parent on
a farm on which no other worker is covered by minimum
wage provisions.

10

Employers must:
Keep a minor employee's age or employment certifi-
cate on file.
Observe wage and hour provisions of the Fair Labor
Standards Act.
Not permit minors under age 16 to perform tasks
declared hazardous by the Secretary of Labor.
Minor employees must:
Provide their employer with a Work (Employment)
Certificate obtained from local school officials. (Applicable
only when school is in session.)
Other Information:
Contact Extension Safety Coordinator, Department of
Agricultural Engineering, IFAS, University of Florida,
Gainesville, FL 32611. Phone: 904/392-2468.
Additional Information (Obtainable from the Respon-
sible Agency-See below)
WHPC No. 1295, List of Hazardous Occupations.
WHPC No. 1229, Child Labor Bulletin No. 102, Re-
vised, Agriculture and the Child Labor Requirements un-
der the Fair Labor Standards Act.
WHPC No. 1330, Child Labor Provisions of the Fair
Labor Standards Act.
Responsible Agency:
Regional Office
U.S. Department of Labor
Wage and Hour and Public Contract Division
1376 Peachtree Street, N.E.
Atlanta, GA 30309
Area Offices:
215 Romark Building
3521 West Broward Blvd.
Ft. Lauderdale, FL 33312
Phone: 305/792-5310
Suite 121
3947 Boulevard Center Drive
Jacksonville, FL 32207
Phone: 904/791-2489
Room 437
Federal Building
Hughey Street
Orlando, FL 32801
Phone: 305/420-6471
Room 202
1150 Southwest First Street
Miami, FL 33130
Phone: 305/350-5767
Suite 110,Mills Building
5410 Mariner Street
Tampa, FL 33609
Phone: 813/228-2154

11

CHILD LABOR-STATE
Who is exempt:
Minors employed by a parent on the parent's farm
if the occupation is not considered hazardous and the em-
ployment is outside school hours.
Minors under 16 employed by a parent on the parent's
farm during school hours must obtain an employment cer-
tificate from local school officials.
Minors 15 and younger may not work (hourly limits
do not apply if minor working for parents on parent's
farm):
More than 40 hours per week.
More than six days in one week.
More than 4 hours on days preceding a day when
school will be in session.
More than 10 hours on days preceding a day when
school will not be in session.
Between 9 p.m. and 6:30 a.m. (Minors 14 and 15 may
work between 6:30 a.m. and 11 p.m. on days preceding
a day when school will not be in session. Minors 16 and 17
may work between 5 a.m. and 11 p.m. on days preceding
a day when school will be in session and between 5 a.m.
one day and 1 a.m. the next day when school will not be
in session that next day.)
In hazardous occupations.
Employer must:
Obtain and keep on file employment and age cer-
tificates.
Keep time records of minors' work hours.
Post in a conspicuous place a summary of the Child
Labor Law (obtainable from the Responsible Agency-
see below).
Comply with the age and hour requirements noted
above.
Pay additional penalty compensation to any minor
injured while illegally employed.
Related Information:
Florida Child Labor Law 1975, Questions and Answers,
Florida Department of Commerce, Division of Labor.
What You Should Know About Child Labor and
Agriculture, Florida Farm Bureau Information Depart-
ment.
Labor Bulletin No. 339, Florida Fruit and Vegetable
Association, October 31, 1974.

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

12

District Offices:
Suite 380, State Office Building
215 Market Street
Jacksonville, FL 32202
Phone: 904/353-5625
507 Sunrise Professional Building
Ft. Lauderdale, FL 33304
Phone: 305/566-8617
Room 208, Vanguard Building
110 South Hoover
Tampa, FL 33609
Phone: 813/272-3793
176 Executive Building
3165 McCrory Place
Orlando, FL 32803
Phone: 305/894-3681
Room 606, Ponce de Leon Building
2801 Ponce de Leon Boulevard
Coral Gables, FL 33134
Phone: 305/445-7921
TRANSPORTATION-FARM WORKERS-STATE
Who must comply:
Any person who transports, contracts or arranges for
the transportation of nine or more migrant workers who
do not live in the immediate area for planting, cultivating
or harvesting agricultural crops, by a motor vehicle
other than an automobile or station wagon.
Transporter must:
Comply with Chapter 316.289, Florida Statutes.
Among those things covered by Florida Statutes are:
1) Safe tires
2) Passenger compartment construction.
3) Protection from the weather.
4) Communication between passenger and driver.
5) Adequate exits and entrances.
6) Seats.
Related Information:
Chapter 316.003 and 316.289, Florida Statutes
Labor Bulletin No. 339, Florida Fruit and Vegetable
Association, October 31, 1974.
Responsible Agency:
Florida Department of Highway Safety and Motor
Vehicles
Kirkman Building
Tallahassee, FL 32304
Phone: 904/488-7055
Local offices are listed in the phone book under:
Florida, State of
Highway Patrol

13

UNEMPLOYMENT COMPENSATION-STATE
AND FEDERAL
Who must comply:
Any employer of farm workers who, either has in the
current calendar year or had in the preceding calendar
year
a) a payroll of at least $20,000 in any calendar quarter,
OR
b) ten(10) or more employees for some portion of a day
in twenty (20) or more weeks during the year.
Employers must:
a) Pay unemployment compensation tax on the first
$6,000 of annual payroll earnings for each employee.
There are two parts to the tax; federal and state.
1) The FEDERAL tax is 0.7 percent of the first $6,000
of annual payroll of each employee.
2) The STATE tax will vary depending on the experi-
ence rating of the individual farm employer. Farm
employers without an experience rating will pay 2.7
percent of the first $6,000 of annual payroll of each
employee for ten calendar quarters. At the end of
the eighth calendar quarter the rating process will
be started and taxes paid in the 11th quarter and
subsequent quarters will be based on the experience
rating. Experience ratings are recalculated annually
thereafter. The current maximum tax rate payable in
Florida is 4.5 percent to which must be added the
0.7 percent federal tax.
b) Submit tax and wage reports as required. The em-
ployer's Quarterly Tax and Wage Report (Form UCT-6)
is due the first day of the first month following the end
of the calendar quarter. Penalty and interest charges are
due if the Tax and Wage Report is filed after the last day
of the first month following the quarter. The Tax and
Wage Report form, which is sent to each liable employer
at the end of each quarter, provides for listing each em-
ployee's name, social security number, number of weeks
worked in the calendar quarter, and the gross wages paid.
c) When a former employee submits an unemployment
benefit claim, most recent employers will be notified from
the local office on Form UCB-4, Notice of Claim Filed.
The employer has five days to furnish the local office
information about the job separation which may be dis-
qualifying (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 disqualifying separation
the claim may be charged against his experience rating
and result in a higher tax rate in the future.
d) Display, in a place where all employees can see it,
the poster "To Employees" (FDC Form BUC-83 in Eng-
lish or FDC Form BUC-83S in Spanish).

14

e) Have records available for inspection at any reason-
able hour during the business day and maintain records
for a period of five calendar years.
Employee Eligibility:
In addition to being unemployed, able and available for
work, and not subject to any of the disqualifications
listed below, a claimant must have the necessary wage
credits during the base period.
Base Period-The base period is the first four of the
last five completed calendar quarters preceding the filing
date of the worker's initial claim.
Wage Credits-To be eligible a claimant must have
average weekly wages of $20 or more during base period
and have total base period wages equal to at least 20
times his average weekly wage ($400 or more).
Employee Claims:
Employees do not pay for unemployment insurance.
This cost is borne by the employer. Unemployed farm
workers, who are eligible, may file for benefits at the
local office of the Bureau of Unemployment Compensation
(see Responsible Agency).
A farm worker may not be eligible for benefits if it is
found that:
He voluntarily quit his job without good cause at-
tributable to his employer.
He was discharged for misconduct connected with
his work.
He fails to apply for or accept suitable work.
His unemployment is due to participation in a labor
dispute.
He fails to disclose required information in a benefit
claim.
Willful misrepresentation is also cause for fine and
imprisonment.
He is receiving or is eligible to receive a retirement
income-other than disability-from a base period em-
ployer.

Additional Information (Obtainable from the Respon-
sible Agency-See below)
Bulletin 1, Unemployment Insurance for workers un-
der the Florida Unemployment Compensation Law, Dept.
of Commerce, Bureau of Unemployment Compensation,
Rev. 10/71.
Bulletin 2, MR. EMPLOYER, Information for You
on the Florida Unemployment Compensation Law, Dept.
of Commerce, Bureau of Unemployment Compensation,
Rev. 11/71.
Other Information:
Labor Bulletin No. 361, Florida Fruit and Vegetable
Association, August 1977.
Labor Bulletin No. 364, Florida Fruit and Vegetable
Association, October 1977.
(This section is continued on p. 16)
15

Unemployment Compensation-State and Federal, Cit-
rus Industrial Council, November 1977.
Unemployment Compensation for Florida Farm Work-
ers, Food and Resource Economics Fact Sheet No. 12,
IFAS, University of Florida, November 1977.
Floridagriculture Magazine, Vol. 36, No. 12, December,
1977.
Responsible Agency:
Florida Department of Commerce
Division of Employment Security
Bureau of Unemployment Compensation
Caldwell Building
Tallahassee, Florida 32304
Phone: 904/488-6306
Local offices are listed in the telephone directory under
the following heading:
Florida, State of
Commerce, Department of
Unemployment Compensation, Bureau of

FARM LABOR CONTRACTOR (CREW LEADER)
REGISTRATION-FEDERAL
Who must comply:
Any person who, for a fee either for himself or on
behalf of another person, recruits, solicits, hires, furnishes
or transports migrant workers, other than his immediate
family, for agricultural employment.
Exceptions:
*1) Farmer, processor, canner, ginner, packing shed
operator or nurseryman who "personally" engages in such
activities solely for his own operation.
2) Any full-time or regular employee who engages in
such activities solely for his employer on no more than
an incidental basis.
3) Any person who engages in such activity solely
within a 25-mile radius of his permanent place of resi-
dence, does not cross state lines, and does so for not more
than 13 weeks a year.
Contractor (Crew Leader) must:
1) Register and receive a Certificate of Registration
annually with the U.S. Department of Labor. Certificates
of Registration expire on December 31st each year. If the
certificate is applied for prior to December 1st, the con-
tractor can legally work after January 1st if he has not
received a new Certificate of Registration by that date.
2) Provide proof of liability insurance coverage as
required and if contractor or employee of contractor plans
to drive a vehicle to transport migrant workers, submit
a doctor's certificate and evidence of appropriate license
to operate such vehicle.

16

3) Submit written proof that any housing facilities
which he owns or controls and uses for housing migrant
workers complies with Federal and State health and safety
standards.
4) Ensure that all full-time or regular employees of a
certified labor contractor who engage in recruiting, solicit-
ing, hiring, furnishing, or transporting migrant workers
for the labor contractor obtain a Farm Labor Contractor
Employee Identification Card.
5) Carry certificate of registration at all times.
6) At the time of recruitment, inform each worker in
writing and in the language in which the worker is most
fluent the following:
a) Where he will be working.
b) Crops and operations on which he will be em-
ployed.
c) Transportation, housing and insurance to be pro-
vided.
d) Wage rates.
e) What the Crew Leader charges for his services.
f) Period of employment.
g) Existence of strikes at place of employment.
h) Any commission ("kickback") arrangements be-
tween Crew Leader and any local merchants dealing with
workers.
7) Upon arrival at the place of employment, post the
conditions of employment in the language in which the
worker is most fluent in a place where all can see them.
Workers must be informed of all changes in conditions
of employment.
8) If the contractor owns, manages, supervises or con-
trols the housing facilities, post the terms and conditions
of occupancy.
9) Promptly pay farm workers and furnish each worker
with a written statement showing:
a) gross earnings
b) itemization of the amount and purpose of each
deduction
c) net earnings
d) amount received by contractor "on behalf of such
migrant worker"
e) amount contractor received "on account of the
labor of such migrant worker"
10) Furnish a copy of the payroll records to the person
who engages the services of the contractor.
11) Refrain from knowingly recruiting, employing, or
utilizing the services of illegal aliens and evidence a bona
fide inquiry of each employee's status as a U.S. citizen
or as a person lawfully authorized to work in the U.S.

Responsibilities of persons who use contractors:
1) Must use a currently registered labor contractor
(certificates of registration expire on December 31 of
each year).
2) Maintain or obtain payroll and other required in-
formation from the contractor.
(This section is continued on p. 18)
17

3) Recent court decisions indicate that persons who
use labor contractors may be held to be joint employers
with the contractor and could be held accountable for
actions of the contractor.
Related Information:
Labor Bulletin No. 346, Florida Fruit and Vegetable
Association, November 1975.
Federal Register, Vol. 41, No. 126, June 29, 1976, pp.
26819-26832.
Responsible Agency:
Farm Labor Contractor REGISTRATION is obtained
from the local office of:
The Florida Department of Commerce
Employment Services Bureau
1321 Executive Center Drive
Tallahassee, FL 32301
Phone: 904/488-3131
Local offices can be found in the telephone book under:
Florida, State of
Department of Commerce
Employment Services Office
COMPLIANCE AND ENFORCEMENT is by the:
Wage and Hour and Public Contract Bureau
Employment Standard Division
U.S. Department of Labor
1376 Peachtree Street, N.E.
Atlanta, GA 30309
Area Office (see Child Labor Section)

18

FARM LABOR CONTRACTOR (CREW LEADER)
REGISTRATION-STATE
Who must apply:
1) Any person who, for a fee or other valuable con-
sideration, recruits, transports, supplies or hires at any
one time in any calendar year 10 or more farm workers
to work for or under the direction, supervision or con-
trol of a third person, or
2) Any person who recruits, transports, or hires 10 or
more farm workers and then for a fee directs, supervises,
or controls the work of such workers.
Exceptions:
Any person who is the owner or lessee of a farm or
who is the owner or lessee of a packinghouse or food
processing plant, and who employ workers in planting,
cultivating, harvesting or preparing agricultural products
for delivery to such packinghouse or food processing
plant.
Contractor must:
1) Obtain a Certificate of Registration from the Florida
Department of Commerce.
2) Provide Workmen's Compensation Insurance Cover-
age.
3) Provide liability insurance coverage on all vehicles.
4) Carry his Certificate of Registration at all times
and exhibit it when requested.
5) Promptly pay monies due workers and semi-monthly
present each worker with a completed Notice of Payment.
6) Retain for two years a copy of each Notice of Pay-
ment and other required payroll information.
7) Comply with regulations limiting payroll deductions.
8) Display at the place of work and on all vehicles
a copy of his application form and a Work Conditions
Statement indicating in English, and Spanish if neces-
sary, the rate of compensation from the grower and the
rate of compensation he is paying his workers.
Responsible Agency-Enforcement and Registration:
Florida Department of Commerce
Bureau of Employment Security
Rural Manpower Section
Caldwell Building
Tallahassee, FL 32304
Note: Florida law provides for the repeal of this law when
agreement is finalized between the Department of
Commerce and the Secretary of Labor of the United
States which provides that the Department of Com-
merce shall have the authority to administer regis-
tration, certification, compliance, and enforcement
of the Federal Farm Labor Contractor Registration
Act of 1963, as amended, including full funding
under the Federal law for such activities.

19

FIELD SANITATION AND DRINKING WATER-STATE
Who must comply:
Employers of agricultural field workers must comply
if the workers are employed for 4 or more hours in one
location and the place of employment is not within a
temporary or permanent structure.
Employer must:
Provide facilities including toilets, handwashing facili-
ties and potable drinking water.
Where nine (9) or less workers are engaged in one
location, toilet and handwashing facilities need not be in
close proximity to the location where work is performed
so long as such facilities are made available to workers,
e.g. transportation to such facilities is available.
Where ten (10) or more workers are employed in one
location at one time, at least one (1) toilet and hand-
washing 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 re-
quirement because of physical or terrain conditions, toilet
and handwashing facilities shall be located at the point
of vehicular access closest to the workers.
Toilet facilities shall be constructed and maintained
in accordance with Florida Administrative Code 10D-6 and
10D-9, which provides in part:

a) They shall be portable, self-contained, and exclude
flies from the waste container.
b) Waste container shall be watertight and con-
structed of non-absorbant, acid-resistant, non-cor-
sive, easily cleanable material.
c) Floors and interior walls shall have a non-ab-
sorbant finish and be easily cleanable.
d) Toilet tissue shall be provided and units for male
use provided 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 disin-
fected each time the waste container is emptied.
Sludge and/or contents from septic tanks, grease
traps, temporary privies or similar waste disposal ap-
purtenances shall be disposed of by treatment methods
approved by the local Health Department or by burial,
incineration, or sanitary landfill when approved by the
local Health Department. Disposal into drainage ditches
or surface waters is prohibited.
Each operator must annually obtain a dumping per-
mit from the local Health Department. The following evi-
dence must be provided to obtain a permit:
a) That equipment is adequate and in good repair.
Equipment shall be inspected and approved by the
local Health Department.
b) Permanent address of the business and location of
equipment.

20

c) Satisfactory and acceptable method and place for
waste disposal. If an employer contracts with a
licensed septic tank firm to service his units, the
employer may not have to obtain a dumping per-
mit. See your local Health Department.
d) Knowledge of applicable rules and regulations.
SHandwashing facilities shall be convenient, supplied
with potable water in appropriate container and provided
with soap or other cleanser and single use towels. Indi-
vidual prepacked towelettes moistened with a cleansing
agent may be substituted for required handwashing facili-
ties. A container shall be provided for used towels, and
the waste from the handwashing facility shall not cause
a sanitary nuisance.
a Drinking water shall be potable and obtained from a
source which complies with the provisions of Chapter 17-
22 Florida Administrative Code. Water shall be provided
in containers constructed of smooth, impervious, corrosion
resistant material and shall be marked with the words
"Drinking Water" in English and if necessary, the prev-
alent native language of the workers. Single service cups
shall be provided unless water is dispensed from a foun-
tain equipped with an angle jet outlet. Ice used for cool-
ing water shall be made from potable water and shall
be handled in a sanitary manner.
Related Information:
Chapter 38.1031 Florida Statutes
Chapter 10D-6.29, 10D-9.23 (21), 10D-10.24 (4) Florida
Administrative Code
Florida Fruit and Vegetable Association, Labor Bulletin,
No. 360, April 22, 1977
Floridagriculture Magazine, Vol. 36, No. 9, September
1977.
Responsible Agency:
Environmental Health Programs
Division of Health
Department of Health and Rehabilitative Services
1323 Winewood Blvd.
Tallahassee, FL 32301
Phone: 904/487-1751
Requests for information concerning:
Permits, compliance, and other problems should be re-
ferred to the local County Health Department.

21

FARM LABOR CAMPS-TEMPORARY-FEDERAL
On December 9, 1977 the Department of Labor deleted
the Employment and Training Administration (ETA)
housing standards for temporary labor camps (20 CFR
part 620) in favor of the Occupational Safety and Health
Administration (OSHA) standards (29CFR 1910.142).
Employers whose housing now meets the ETA standards
have until January 1, 1979, to bring their housing into
compliance with the OSHA standards.
Who must comply:
All farm employers who house one or more seasonal
farm workers.
Employers must:
Meet minimum Federal, State and local housing stand-
ards. Federal standards deal with:
1) Housing site
2) Shelter requirements
3) Water supply
4) Toilet facilities
5) Sewage disposal facilities
6) Laundry, handwashing and bathing facilities
7) Lighting
8) Refuse disposal
9) Construction and operation of kitchens, dining hall
and feeding facilities
10) Insect and rodent control
11) Firt aid
12) Reporting communicable disease
Related Information:
OSHA 2206, General Industry, OSHA Safety and
Health Standards (29CFR1910) (Revised January 1976)
Safety and Health Standards for Agriculture, U.S.
Department of Labor, Occupational Safety and Health
Administration
Labor Bulletin No. 339, Florida Fruit and Vegetable
Association, October 1974
Differences in Provisions of Florida Housing Code and
U.S. Department of Labor Housing Regulations, Citrus
Industrial Council, July 1973
Responsible Agency:
U.S. Department of Labor
Occupational Safety and Health Administration
Regional Office
Suite 587
1375 Peachtree Street, N.E.
Atlanta, GA 30309
Phone: 404/881-3573
Area Offices
See OSHA Section

22

U.S. Department of Labor
Manpower Administration
Regional Office
1371 Peachtree Street, N.E.
Atlanta, GA 30309
Phone: 404/526-5411
There is also a responsibility for compliance with the:
Florida Department of Commerce
Employment Security Division
Rural Manpower Services
Caldwell Building
Tallahassee, FL 32304
Phone: 904/488-3218
Local offices are normally listed in the telephone book
under:
Florida, State of
Commerce, Department of
Employment Service Office

23

FARM LABOR CAMPS-SEASONAL LABOR-STATE
Who must comply:
Anyone who operates a labor camp for five or more
seasonal, temporary, or migrant workers.
Camp owners must:
1) Be issued a permit by the Florida State Department
of Health and Rehabilitative Services through local
County Health Boards.
2) Comply with the Sanitary Code of Florida in such
areas as:
a) Camp sites.
b) Shelters.
c) Water supply.
d) Garbage and refuse disposal.
e) Insect and rodent control.
f) Heating.
g) Lighting.
h) Excreta and liquid waste disposal.
i) Plumbing.
j) Toilets.
k) Washrooms, bathrooms and laundry tubs.
1) Food service facilities.
m) Beds and bedding.
n) Fire protection.
o) Sanitary maintenance.
3) Post the Health Department permit.
4) Provide or have available adequate medical and
nursing care.
5) Not employ persons with communicable diseases and
report any communicable diseases in the camp to the local
health department.
Occupant must:
1) Use the sanitary and other facilities provided.
2) Comply with all applicable camp regulations.
Related Information:
Florida Administration Code 10D-25
Differences in Provision of Florida Housing Code and
U.S. Department of Labor Housing Regulations, Citrus
Industrial Council, July 1973.
Labor Bulletin No. 339, Florida Fruit and Vegetable
Association, October 31, 1974.
Responsible Agency:
Florida Department of Health and Rehabilitative
Services
Health Program Office
1323 Winewood Complex
Tallahassee, FL 32301
904/488-3153
Requests for information concerning:
Permits, compliance, or other problems should be re-
ferred to the local County Health Department.

24

MOTOR CARRIER SAFETY LAW-FEDERAL
Who must comply:
Any driver operating a covered vehicle inter-state,
with a gross weight including load of more than 10,000
pounds.
Any driver operating a vehicle carrying hazardous ma-
terials.
Drivers of vehicles used to transport farm machinery
or supplies, or both, to or from a farm for custom-har-
vested crops to storage or market are exempt.
What must you do:
There are 12 qualifications a driver must meet. A
sample of these is:
Be at least 18.
Be able to speak and read English.
Pass a physical exam.
Pass a written exam.
No person shall drive any motor vehicle carrying mi-
grant workers unless he possesses the following mini-
mum qualifications:
No mental, nervous, organic or functional disease
likely to interfere with safe driving.
No loss of foot, leg, hand or arm.
No loss of fingers, impairment of use of foot, leg,
hand, fingers, arm or other structural defects or limitation
likely to interfere with safe driving.
Visual acuity of at least 20/40.
Ability to distinguish the colors red, green and yellow.
Hearing not less than 10/20.
Shall not be addicted to the use of narcotics or habit-
forming drugs, or to the excessive use of alcoholic bever-
ages or liquors.
Related Information:
Federal Register, Vol. 36, No. 246
Responsible Agency:
U.S. Department of Transportation
Federal Highway Administration
Bureau of Motor Carrier Safety
Room 300
1252 W. Peachtree Street, N.W.
Atlanta, GA 30309
Phone: 404/526-5371

25

WORKMEN'S COMPENSATION-STATE
Who must provide coverage:
All agricultural employers who employ six or more
"regular" employees, or employ 12 or more "seasonal"
employees for more than 30 days at one time, or 45 total
days in a calendar year.
Employer must:
Purchase insurance from a private insurance com-
pany, qualify as a self insurer, or join a self-insurers'
fund sponsored by an association of which he is a mem-
ber. Cost of insurance varies depending on employment
activity and experience rating of each employer. The state
annually determines the "manual" rate for each employ-
ment activity and job classification. This manual rate
(adjusted for the employer's past experience) is paid by
the employer as a percentage of payroll to obtain work-
men's compensation coverage for his employees. New em-
ployers should consult their local insurance agent or
association for rates.
Post a notice of compliance in accordance with a form
prescribed by the Division of Labor.
Report all accidents to his insurance carrier within
10 days or face up to a $100 penalty per accident.
Employee Benefits:
The cost of workmen's compensation is paid by the
employer. It is against the law for the employer to charge
his workers for this insurance.
Payments are made to injured employees to offset
loss of income and medical costs, including death and dis-
ability payments. Injured employees receive 60 percent
of their average weekly wage with a maximum which is
equal to two-thirds of the state average weekly wage.
For injuries occurring in 1978, projections are that this
maximum will be $126 weekly.
Injured employees should report to their employer,
the doctor who treats him or to the nearest workmen's
compensation, office (see Responsible Agency below).
Additional Information (Obtainable from the Respon-
sible Agency-See below)
Workmen's Compensation Law.
Workmen's Compensation Insurance Facts for Em-
ployers.
Workmen's Compensation Insurance Facts for Em-
ployees.
Responsible Agency:
Florida Department of Commerce
Division of Labor
Bureau of Workmen's Compensation
1321 Executive Center Drive
Tallahassee, FL 32301
Phone: 904/488-2514

26

District Offices:
Suite 380, State Office Building
215 Market Street
Jacksonville, FL 32202
Phone: 904/353-5629
Room 208, Vanguard Building
110 South Hoover
Tampa, FL 33609
Phone: 813/879-2881
176 Executive Building
3165 McCrory Place
Orlando, FL 32803
Phone: 305/894-3681
Room 606, Ponce de Leon Building
2801 Ponce de Leon Blvd.
Coral Gables, FL 33134
Phone: 305/445-7921
Local offices can be found in the telephone book under:
Florida, State of
Commerce, Department of
Labor, Division of
Workmen's Compensation, Bureau of

INCOME TAX-FEDERAL
Who must comply:
Farm employers are not required to withhold federal
income taxes on the wages of farm workers.
Farm workers can voluntarily request their employer
in writing to withhold income tax. The employee must also
provide his employer with a Form W-4 to claim withhold-
ing exemptions. The employer is not required to withhold
federal income taxes even when requested.
An employer who agrees to withhold taxes must:
Prepare and give to the employee a Form W-2, Wage
and Tax Statement, by January 31 for the preceding
year's taxes withheld. Copy A of Form W-2 and a com-
pleted Form W-3, Reconciliation of Income Tax Withheld
nad Transmittal of Tax Statements, must be sent to IRS
by February 28.
Additional Information
Contact the local or area Internal Revenue Service
Office.

27

RELATED LAWS AND REGULATIONS
Right-to-Work:
Guarantees that ". the right of persons to work shall
not be denied or abridged on account of membership or
non-membership in any labor union or labor organization."
Article 1, Section 6, Florida Constitution
Chapter 447, Florida Statutes
Equal Pay for Equal Work:
This Federal Act, which applies to farm workers, pro-
hibits wage discrimination on the basis of sex to employ-
ees who are subject to the minimum wage.
Age Discrimination in Employment Act of 1967:
Prohibits employers with 25 or more workers from
firing or refusing to hire an individual aged 40-65 simply
because of his or her age unless age is a bona-fide oc-
cupational qualification.
Prohibits any statement of age preference-e.g. "under
30,"-by employers or employment agencies in help
wanted ads.
Prohibits favoring younger workers in pay, promotion
and fringe benefits or similar practices.
Bars unions with 25 or more members from denying
membership to older persons or refusing to refer them to
jobs.
Civil Rights Act:
This Federal Act prohibits discrimination based on race,
religion, sex, color or national origin in hiring, firing,
wages, terms, conditions or privileges of employment.
Who must comply: Employers, employment agencies
and labor unions whose activities affect interstate com-
merce.
Exceptions: Employers who employ fewer than 15 work-
ers for each working day in each offewer than 20 calen-
dar weeks in the current or preceding year.
Portal-to-Portal Act of 1947:
This Federal Act establishes a uniform interpretation
as to what constitutes compensable working time where
travel time to and from work is involved or where cer-
tain preliminary or postliminary activity can be con-
strued as work. In general, work starts at the work site
unless previous arrangements have been made to meet
elsewhere.

28

3-15-M-78

IFAS

TINtLJ
RESEARCHm

This publication was promulgated at a cost of $1,300.00, or 8.67
cents per copy, to inform Forida farm employers and employees
about regulations affecting them.

Single copies are free to residents of Florida and may be obtained
from the County Extension Office. Bulk rates are available upon
request. Please submit details of the request to C.M. Hinton, Publi-
cation Distribution Center, IFAS Building 664, University of
Florida, Gainesville, Florida 32611.

COOPERATIVE EXTENSION WORK IN AGRICULTURE AND HOME ECONOMICS
(Acts of May 8 and June 30,1914)
Cooperative Extension Service, IFAS, University of Florida
and United States Department of Agriculture, Cooperating
K. R. Tefertiller, Director

	Front Cover
	Table of Contents
	Preface
	Occupational safety and health...
	Illegal aliens - State
	Social security - Federal
	Fair labor standards act (minimum...
	Child labor - Federal
	Child labor - State
	Transportation - farm workers -...
	Unemployment compensation - State...
	Farm labor contractor (crew leader)...
	Farm labor contractor (crew leader)...
	Field sanitation and drinking water...
	Farm labor camps - temporary -...
	Farm labor camps - seasonal labor...
	Motor carrier safety law -...
	Workmen's compensation - State
	Income tax - Federal
	Related laws and regulations
	Back Cover