2014 New York Laws
LAB - Labor
Article 7 - (200 - 219-C) GENERAL PROVISIONS
212-A - Migrant registration law.

  212-a.  Migrant  registration  law. 1. Definitions. As used in this
  section:
a. "Farm labor contractor" includes:
(1) Any person who, for a fee, recruits, transports, supplies or hires
  farm or food processing workers to work for,  or  under  the  direction,
  supervision, or control of, a third person; or
(2)  Any  person  who recruits, transports, supplies, or hires farm or
  food processing workers and who, for  a  fee,  directs,  supervises,  or
  controls all or any part of the work of such workers.
The  term  "farm  labor  contractor"  shall  not include an employment
  agency licensed in accordance with the provisions of article  eleven  of
  the  general  business  law.  The term "farm labor contractor" shall not
  include a person who is a grower or  processor  as  defined  herein  who
  recruits or hires workers for work on his farm or in his plant.
b.  "Fee"  includes  any money or other valuable consideration paid or
  promised to be paid to a farm labor contractor for  the  performance  of
  any of the services enumerated in paragraph a of this subdivision.
c.  "Grower  or processor" means any person who is the owner or lessee
  of a farm or food processing plant.
d. "Person" includes any individual, firm,  partnership,  cooperative,
  association, or corporation.
2. Farm labor contractor.
a.  No  person  shall act as a farm labor contractor unless he holds a
  valid certificate of registration issued by the commissioner.
b. The application for such certificate of registration shall be  made
  on  a  form prescribed by the commissioner, shall contain information on
  wages, working conditions, housing and on  such  other  matters  as  the
  commissioner  may prescribe and shall be accompanied by a non-refundable
  fee of two hundred dollars. It shall be countersigned by each grower  or
  processor  who  utilizes  the services of such farm labor contractor, as
  provided  in  subdivision  three  of  this  section.   Copies   of   the
  application,  or  summaries  thereof  containing  the above information,
  shall be made available by the commissioner to the registrant,  and  the
  registrant  shall  give a copy to each worker, preferably at the time of
  recruitment, but in no event later than the  time  of  arrival  in  this
  state  if  the  worker  comes  from outside of the state, or the time of
  commencement of work if the worker does not come  from  outside  of  the
  state.  A  copy  shall also be kept posted at all times in a conspicuous
  place in any camp in which such workers are housed. Each applicant shall
  submit his fingerprints  with  his  application  for  a  certificate  of
  registration.  Such  fingerprints  shall be submitted to the division of
  criminal justice services for a state criminal history record check,  as
  defined  in subdivision one of section three thousand thirty-five of the
  education  law,  and  may  be  submitted  to  the  federal   bureau   of
  investigation for a national criminal history record check.
c.  Every  farm  labor  contractor shall keep payroll records for each
  worker of wage rates, wages earned, number of hours worked,  or  if  the
  worker is paid on a piecework basis the number of units produced, except
  that  in  the  case  of employees in the twelve to fourteen year-old age
  bracket, records of hours worked shall be kept,  regardless  of  whether
  employment be on hourly or piecework basis, all withholdings from wages,
  and  the net wages paid. Such payroll record shall be kept on a form and
  in a manner prescribed by the commissioner and shall  be  available  for
  inspection  by the commissioner or his duly authorized representative at
  any reasonable time.
d. Every farm labor contractor shall give to each  worker  with  every
  payment  of  wages  a  written statement showing the employer's name and
  address, the employee's name, the  worker's  wage  rate,  wages  earned,

  number  of  hours  worked, or if the worker is paid on a piecework basis
  the number of units produced, except that in the case  of  employees  in
  the  twelve to fourteen year-old age bracket, the number of hours worked
  shall  be  shown,  regardless  of  whether  employment  be  on hourly or
  piecework basis, all withholdings and other  deductions  fully  itemized
  and explained from wages, and the net wages paid.
e.  A farm labor contractor shall keep the certificate of registration
  in his immediate personal possession  and  shall  display  it  upon  the
  request of the commissioner or his duly authorized representative.
3.  Grower  or  processor  who  utilizes  the services of a farm labor
  contractor.
a. No grower or processor shall utilize the services of a  farm  labor
  contractor  unless  such grower or processor has a certificate issued by
  the commissioner therefor, and the farm labor contractor  is  registered
  in  accordance  with  the  provisions  of this section. The commissioner
  shall issue to such  grower  or  processor  a  separate  certificate  of
  registration.
b. Every grower or processor who utilizes the services of a farm labor
  contractor shall countersign an application of the farm labor contractor
  for  registration under subdivision two of this section, and shall state
  that the information contained in such application is true to  the  best
  of his knowledge and belief.
c.  If  a farm labor contractor fails to comply with the provisions of
  subdivision two of this section relating to  the  giving  of  copies  of
  information  to  workers, the posting of a copy of such information, the
  keeping of payroll  records,  and  the  giving  of  wage  statements  to
  workers,  the  commissioner  shall  notify  the  grower or processor who
  utilizes the services of such farm labor contractor  and  responsibility
  for  compliance  shall thereafter be imposed on such grower or processor
  with the same force and effect as though the grower  or  processor  were
  primarily responsible for compliance.
d.  Notwithstanding  any  other provision of this section, a grower or
  processor may utilize the services of a registered farm labor contractor
  for not more than five days, provided, he shall within twenty-four hours
  after the beginning of such utilization, countersign the application  of
  such   farm  labor  contractor  as  provided  in  paragraph  b  of  this
  subdivision, and immediately thereafter transmit the said application to
  the commissioner.
4. Grower or processor who does not utilize the  services  of  a  farm
  labor contractor.
a.  Every grower or processor who, without utilizing the services of a
  farm labor contractor, brings into  the  state  or  is  responsible  for
  bringing  into  the state five or more out-of-state migrant farm or food
  processing workers shall, in each instance, prior to the importation  of
  such   workers,   obtain   a   certificate   of  registration  from  the
  commissioner.
b. The application for such registration  shall  be  made  on  a  form
  prescribed  by  the  commissioner,  shall  contain information on wages,
  working  conditions,  housing,  and  on  such  other  matters   as   the
  commissioner  may prescribe and shall be accompanied by a non-refundable
  fee of forty dollars. Copies of the application,  or  summaries  thereof
  containing  the  above  information,  shall  be  made  available  by the
  commissioner to the registrant, and the registrant shall give a copy  to
  each  worker,  preferably  at  the  time of recruitment, but in no event
  later than the time of arrival in this state. A copy shall also be  kept
  posted  at  all  times  in a conspicuous place in any camp in which such
  workers are housed.

c. Every such grower or processor shall keep payroll records for  each
  worker  of  wage  rates, wages earned, number of hours worked, or if the
  worker is paid on a piecework basis the number of units produced, except
  that in the case of employees in the twelve  to  fourteen  year-old  age
  bracket,  records  of  hours worked shall be kept, regardless of whether
  employment be on hourly or piecework basis, all withholdings from wages,
  and the net wages paid. Such payroll records shall be kept on a form and
  in a manner prescribed by the commissioner and shall  be  available  for
  inspection  by the commissioner or his duly authorized representative at
  any reasonable time.
d. Every such grower or processor shall give to each worker with every
  payment of wages, a written statement showing the  worker's  wage  rate,
  wages  earned,  number  of  hours  worked, or if the worker is paid on a
  piecework basis the number of units produced, except that in the case of
  employees in the twelve to fourteen year-old age bracket, the number  of
  hours  worked  shall  be  shown,  regardless of whether employment be on
  hourly or piecework basis, all withholdings  from  wages,  and  the  net
  wages paid.
5.  The  commissioner  may  refuse  to  grant, or suspend, or revoke a
  certificate of a farm labor contractor or of a grower or processor  when
  he finds that such person:
a. Has failed to comply with any of the provisions of this chapter, or
  has  been convicted of any crime or offense, except traffic infractions;
  or
b.  Has  made  any  misrepresentations  or  false  statements  in  his
  application for a registration certificate; or
c.  Has  given  false  or  misleading  information  concerning  terms,
  conditions, or existence of employment to workers who are  recruited  or
  hired.
6. The commissioner shall not refuse, suspend, or revoke a certificate
  of  a farm labor contractor or of a grower or processor unless, upon due
  notice, an opportunity to be  heard  has  been  given  to  such  person;
  provided,  however,  that pending the determination of such hearing, the
  commissioner may temporarily suspend a certificate if, in  his  opinion,
  its  suspension  for such period is necessary to effectuate the purposes
  of this section.
7. A certificate issued under this  section  shall  terminate  on  the
  thirty-first  day  of March following issuance, unless sooner revoked by
  the commissioner, and it may not be transferred or assigned to any other
  person.
8. The commissioner shall submit to each person certified  under  this
  section   pertinent   information   concerning   workmen's  compensation
  insurance  and  farmers'  liability  insurance  with  medical  payments,
  including the rates for such protection, at the time of certification.
9.  The commissioner may promulgate rules and regulations necessary to
  carry out the provisions of this section.