§ 212-a. Migrant registration law. 1. Definitions. As used in this\nsection:\n a. "Farm labor contractor" includes:\n (1) Any person who, for a fee, recruits, transports, supplies or hires\nfarm or food processing workers to work for, or under the direction,\nsupervision, or control of, a third person; or\n (2) Any person who recruits, transports, supplies, or hires farm or\nfood processing workers and who, for a fee, directs, supervises, or\ncontrols all or any part of the work of such workers.\n The term "farm labor contractor" shall not include an employment\nagency licensed in accordance with the provisions of article eleven of\nthe general business law. The term "farm labor contractor" shall not\ninclude a person who is a grower or processor as defined herein who\nrecruits or hires workers for work on his farm or in his plant.\n b. "Fee" includes any money or other valuable consideration paid or\npromised to be paid to a farm labor contractor for the performance of\nany of the services enumerated in paragraph a of this subdivision.\n c. "Grower or processor" means any person who is the owner or lessee\nof a farm or food processing plant.\n d. "Person" includes any individual, firm, partnership, cooperative,\nassociation, or corporation.\n 2. Farm labor contractor.\n a. No person shall act as a farm labor contractor unless he holds a\nvalid certificate of registration issued by the commissioner.\n b. The application for such certificate of registration shall be made\non a form prescribed by the commissioner, shall contain information on\nwages, working conditions, housing and on such other matters as the\ncommissioner may prescribe. It shall be countersigned by each grower or\nprocessor who utilizes the services of such farm labor contractor, as\nprovided in subdivision three of this section. Copies of the\napplication, or summaries thereof containing the above information,\nshall be made available by the commissioner to the registrant, and the\nregistrant shall give a copy to each worker, preferably at the time of\nrecruitment, but in no event later than the time of arrival in this\nstate if the worker comes from outside of the state, or the time of\ncommencement of work if the worker does not come from outside of the\nstate. A copy shall also be kept posted at all times in a conspicuous\nplace in any camp in which such workers are housed. Each applicant shall\nsubmit his or her fingerprints with his or her application for a\ncertificate of registration. Such fingerprints shall be submitted to the\ndivision of criminal justice services for a state criminal history\nrecord check, as defined in subdivision one of section three thousand\nthirty-five of the education law, and may be submitted to the federal\nbureau of investigation for a national criminal history record check.\n c. Every farm labor contractor shall keep payroll records for each\nworker of wage rates, wages earned, number of hours worked, or if the\nworker is paid on a piecework basis the number of units produced, except\nthat in the case of employees in the twelve to fourteen year-old age\nbracket, records of hours worked shall be kept, regardless of whether\nemployment be on hourly or piecework basis, all withholdings from wages,\nand the net wages paid. Such payroll record shall be kept on a form and\nin a manner prescribed by the commissioner and shall be available for\ninspection by the commissioner or his duly authorized representative at\nany reasonable time.\n d. Every farm labor contractor shall give to each worker with every\npayment of wages a written statement showing the employer's name and\naddress, the employee's name, the worker's wage rate, wages earned,\nnumber of hours worked, or if the worker is paid on a piecework basis\nthe number of units produced, except that in the case of employees in\nthe twelve to fourteen year-old age bracket, the number of hours worked\nshall be shown, regardless of whether employment be on hourly or\n
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