Register January 2012 No. 673
Chapter DWD 301
MIGRANT LABOR
DWD 301.04 Investigations.
DWD 301.05 Migrant labor contractors.
DWD 301.06 Work agreements.
DWD 301.07 Migrant labor camps.
DWD 301.09 Field sanitation standards.
DWD 301.13 Violation penalty fees.
DWD 301.14 Posting of migrant worker rights.
Ch. DWD 301 Note
Note: Chapter Ind 49, Migrant Labor Camps as it existed on April 30, 1978 was repealed and a new chapter Ind 201, Migrant Labor was created effective May 1, 1978. Chapter Ind 201 was revised and renumbered to be chapter ILHR 301 effective March 1, 1993. Chapter ILHR 301, as it existed on December, 31, 1997 was renumbered to be chapter DWD 301 effective January 1, 1998.
DWD 301.01
DWD 301.01 Scope. This chapter is promulgated pursuant to and for the enforcement and implementation of ss.
103.90 to
103.97, Stats.
DWD 301.01 History
History: Cr.
Register, April, 1978, No. 268, eff. 5-1-78; renum from Ind 201.01,
Register, February, 1993, eff. 3-1-93.
DWD 301.02
DWD 301.02 Data. The department shall submit data and information relative to ss.
103.90 to
103.97, Stats., and this chapter to the council on migrant labor pursuant to specific requests from the council and through an annual report submitted to the council in January.
DWD 301.02 History
History: Cr.
Register, April, 1978, No. 268, eff. 5-1-78; renum. from Ind 201.02,
Register, February, 1993, No. 446, eff. 3-1-93.
DWD 301.03
DWD 301.03 Forms. All forms issued by the department may be obtained from DWD, P. O. Box 7972, Madison, Wisconsin 53707-7972.
DWD 301.03 History
History: Cr.
Register, April, 1978, No. 268, eff. 5-1-78; renum. from Ind 201.03,
Register, February, 1993, No. 446, eff. 3-1-93; am.
Register, December, 1997, No. 504, eff. 1-1-98;
CR 07-018: am.
Register December 2007 No. 624, eff. 1-1-08.
DWD 301.04(1)(a)
(a) Normal daytime business hours for investigation of employers' records.
DWD 301.04(1)(b)
(b) Between sunrise and sunset for investigation of all other matters.
DWD 301.04(2)
(2) The department may not disclose the name of a person filing a complaint with the department, if the person requests that his/her name not be disclosed by the department.
DWD 301.04 History
History: Cr.
Register, April, 1978, No. 268, eff. 5-1-78; renum. from Ind 201.04,
Register, February, 1993, No. 446, eff. 3-1-93.
DWD 301.05(1)
(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).
DWD 301.05(2)
(2) The annual fee for certification or renewal shall be $100.
DWD 301.05(3)
(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.
DWD 301.05(4)
(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.
DWD 301.05(5)
(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.
DWD 301.05(6)
(6) The term “employer's own operation" means any farm or other business enterprise owned or managed by the employer.
DWD 301.05(7)
(7) The term “migrant labor contractor's immediate family" includes only:
DWD 301.05(8)(a)
(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.
DWD 301.05(8)(b)
(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.
DWD 301.05(8)(c)
(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.
DWD 301.05(8)(d)
(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.
DWD 301.05(8)(e)
(e) Provide every worker recruited a written work agreement as specified in ss.
103.90 to
103.97, Stats., and this chapter.
DWD 301.05(9)
(9) The department shall review and make a determination on an application under this section within 20 working days after the application is received.
DWD 301.05 History
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.
DWD 301.06(1)
(1) A single work agreement for a family may be used only when all of the terms and conditions of employment are substantially similar for all working family members.
DWD 301.06(2)
(2) In the department's interpretation of s.
103.915 (1) (a), Stats., and in this chapter, the term “employment" means the act of having direction and control of any worker, being responsible for the wages of a worker, or allowing a worker to perform work for the employer.
DWD 301.06(2m)
(2m) In the department's interpretation of s.
103.915 (1) (a), Stats., and in this chapter, the term “recruitment" means offering a migrant worker employment whether by personal contact, telephone, correspondence, or a recall notice due to a union contract. If recruitment is by telephone, the written work agreement shall be furnished as soon as reasonably possible.
DWD 301.06(3)
(3) If an employer does not use the department's prescribed migrant labor work agreement form, the employer shall use a form approved by the department. An employer may not use a form unless it has been approved by the department prior to its use.
DWD 301.06(4)
(4) When considering an employer's form for approval, the department shall, in addition to the requirements of s.
103.915 (4), Stats., take into account the clarity and design of such form.
DWD 301.06(5)
(5) “Kind of work available" means planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading or storing any agricultural or horticultural commodity in its unmanufactured state.
DWD 301.06(6)
(6) The description in the work agreement of the housing to be supplied shall include a description of cooking, bathing, laundry and toilet facilities and a statement of the maximum number of persons to be accommodated in the sleeping area to which the worker will be assigned, in the case of single persons, or, in the case of families, in the housing unit to which the worker will be assigned.
