Migrant Law Enforcement

Overview

The primary functions of the Migrant Law Enforcement Section are as follows:

Inspection and Certification of All Migrant Camps in the State

Migrant Law Enforcement field staff are assigned a specific geographic area in which pre-occupancy inspections are performed. Each migrant camp must meet specific standards in order to qualify for certification. Certification is issued only after a determination has been made by a field inspector that a migrant camp has met all standards required by state law.

Work Agreement Reviews

Field staff are responsible for ensuring that migrant workers are provided with a Work Agreement at the time of recruitment or prior to the commencement of employment, whichever is earlier. Each inspector will visit all of the migrant camps assigned to them to determine whether a migrant worker has been provided with a Work Agreement. It is the responsibility of each inspector to explain to the migrant worker all aspects of that agreement and to assure that the employer who provides the agreement, complies with all the terms and conditions of employment as outlined in that agreement and as required by law.

Crew Leader

Field staff are responsible to monitor and register all known crew leaders in the state. Crew leaders who recruit migrant workers to work in the State of Wisconsin must comply with specific regulations and must obtain a certificate from the department to operate in this state. Crew leaders are monitored regularly to insure compliance with the state laws.

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) requires a contractor to obtain federal certification prior to performing any farm labor contracting activities. Generally, the MSPA applies to any person (or business) who recruits, solicits, hires, employs, furnishes, or transports migrant or seasonal agricultural workers (the MSPA refers to these activities as "farm labor contracting activities"). Persons employed by farm labor contractors (farm labor contractor employees) to perform such activities on behalf of the contractor are also required to register with the U.S. Department of Labor.

Certain persons and organizations, such as small businesses meeting the exemption criteria of 29 U.S.C. § 213(a)(6)(A), are exempt from the Act and are not required to register as farm labor contractors. In addition, establishments meeting the MSPA definition of an "agricultural association" or "agricultural employer," are not required to register as a farm labor contractor. Contact the Wage and Hour Division at 1-866-4US-WAGE (1-866-487-9243), TTY: 1-877-889-5627, if you have any questions as to whether you must register with the U.S. Department of Labor as a farm labor contractor.

To register or obtain more information please visit The United States Department of Labor's website http://www.dol.gov/whd/forms/fts_wh530.htm.

Field Sanitation

Effective January 1, 1986, employers who hire 6 or more migrant workers who are engaged in hand labor must provide sanitation facilities to their workers. Field staff are responsible for the inspection of "field sanitation" facilities and assure that those facilities are provided, kept clean and in sanitary condition.

Complaint Investigation

Field staff are responsible for the investigation of all complaints of apparent violations of the migrant law. Any person may file a complaint and the complaint will be investigated. Unresolved complaints may be referred to the Attorney Generals office for prosecution.

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