Section 301.05. Migrant labor contractors.

 

(1)  A migrant labor contractor shall apply to the department for a certificate of registration on a form prescribed by the department or on the form used to comply with 29 USC 1811 (a).

(2)  The annual fee for certification or renewal shall be $100.

(3)  The term "real party in interest" means a person who is engaged, directly or indirectly, in activities as a migrant labor contractor and who conceals his/her activities through another person.

(4)  The term "fee or other consideration" means money or anything of value or benefit paid or promised to be paid for services as a migrant labor contractor.

(5)  The term "regular employee" means a person employed year round by an employer and who engages in activities as a migrant labor contractor solely for his/her employer.

(6)  The term "employer's own operation" means any farm or other business enterprise owned or managed by the employer.

(7)  The term "migrant labor contractor's immediate family" includes only:

(a) A spouse.

(b) Children and step-children.

(c) Parents.

(d) Brothers, sisters and half brothers and sisters.

(e) Grandparents.

(8)  Every contractor shall:

(a) Submit a separate application for a farm labor contractor employee identification card on the form used to comply with 29 USC 1811 (b) for each officer, director, partner, or agent of the contractor at the time of application or within 10 days after hiring such person.

(b) Keep records which show for each worker recruited: name in full, home address, all sums paid to the contractor on account of the labor or recruitment of the worker, the cost to the contractor of goods and services provided the worker and all sums and the purpose for all sums received from or on behalf of the worker. The contractor shall preserve such records for a period of 3 years and shall make them available to the worker or the department for inspection upon request.

(c) Provide a policy under s. 103.91 (8) (f) , Stats., the limits of which with respect to each vehicle shall be not less than $100,000 for each seat in the vehicle, but in no event is the total insurance required to be more than $5,000,000 for any one vehicle. The number of seats in the vehicle shall be determined pursuant to the federal regulations relating to the transportation of migrant and seasonal agricultural workers under 29 CFR Part 500 . This requirement shall not apply if the contractor furnishes transportation only as the agent of an employer who has obtained a policy of insurance against liability for damages arising out of the operation of motor vehicles with coverage equivalent to the coverage required under this paragraph.

(d) Provide a Form WH-514 (Vehicle Mechanical Inspection Report) for each vehicle used to transport individuals or property in connection with activities as a migrant labor contractor.

(e) Provide every worker recruited a written work agreement as specified in ss. 103.90 to 103.97 , Stats., and this chapter.

(9)  The department shall review and make a determination on an application under this section within 20 working days after the application is received.

History: Cr. Register, April, 1978, No. 268 , eff. 5-1-78; cr. (9), Register, March, 1986, No. 363 , eff. 4-1-86; renum. from Ind 201.05, Register, February, 1993, No. 446 , eff. 3-1-93; am. (2), (8) (a), (c) and (d), Register, December, 1997, No. 504 , eff. 1-1-98; CR 07-018 : am. (1) and (8) (a) Register December 2007 No. 624 , eff. 1-1-08.