Subchapter A. CREW LEADERS
Sec.
31.1. Definitions.
31.2. License.
31.3. Joint responsibility.
31.4. Conduct of workers.
31.5. Delegation of authority.
31.6. Appeal.
31.7. Penalty.
31.8. Farm labor contractor.
Authority The provisions of this Subchapter A issued under act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. § § 25-1—25-15), unless otherwise noted.
Source The provisions of this Subchapter A adopted November 8, 1957, amended through June 1, 1966, unless otherwise noted.
Cross References This subchapter cited in 34 Pa. Code § 31.13 (relating to scope)
GENERAL PROVISIONS
§ 31.1. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Camp—Any migrant labor camp.
Crew leader—Any person, who, for a fee, either for himself or on behalf of another person, recruits, solicits, hires, furnishes, transports, manages or supervises migrant workers in connection with agricultural employment.
Fee—Any money or other valuable consideration paid or promised to be paid to a person for services as a crew leader.
Foreman—Any person designated by a crew leader to perform services or supervision in his behalf.
Migrant worker—Any interstate or intrastate individual whose primary employment is in agriculture, on a seasonal or other temporary basis, or any individual irrespective of his primary employment, if he performs agricultural labor on a seasonal or other temporary basis. This term includes all seasonal workers, migrant workers, or farm labor who are not year round employes and who occupy living quarters other than their permanent home during the period of such work on a farm.
Person—Any individual, partnership, association, joint stock company, trust or corporation.§ 31.2. License.
(a) No person shall serve in the capacity of crew leader unless he first obtains a crew leader license from the Department. The license shall be in his immediate possession and in full force and effect.
(b) Licenses may be issued upon application to the Department on forms supplied by the Department. The licenses may not be transferred or assigned and shall remain in effect until midnight of the last day of the year in which they were issued or until they are suspended or revoked by the Department in accordance with this subchapter.
(c) The Department may suspend, revoke or refuse to issue a crew leader license if it finds that an applicant has done any of the following:
(1) Knowingly made any misrepresentations or false statements in his application for a crew leader license.
(2) Knowingly given false or misleading information to migrant workers concerning the terms, conditions or existence of agricultural employment.
(3) Failed, without justification, to perform agreements or arrangements entered into with farm operators.
(4) Has been convicted of any crime under state or Federal law relating to gambling or to the sale, distribution, or possession of alcoholic liquors in connection with or incident to his activities as a crew leader; or has been convicted of any crime under state or Federal law involving robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury or prostitution.
(5) Knowingly permitted any member of his crew to work in violation of any state or Federal law as to wages, hours, fair labor standards or school attendance.
(6) Permitted any member of his crew to occupy housing or living quarters which are not in accordance with the requirements of Subchapter C (relating to farm labor camps), or which for some other reason may not be fit for human habitation.
(7) Permitted any member of his crew to occupy housing or living quarters where sanitation facilities are not provided in accordance with the requirements of the Department of Health.
Cross References This section cited in 34 Pa. Code § 31.8 (relating to farm labor contractor).
§ 31.3. Joint responsibility.
Crew leaders shall be jointly responsible with owners of camps for the maintenance of sanitation and cleanliness in living quarters, kitchens, latrines and premises of camps.
§ 31.4. Conduct of workers.
Crew leaders shall thoroughly instruct migrant workers to maintain orderly conduct and respect for property.
§ 31.5. Delegation of authority.
When crew leaders are unable to exercise constant personal supervision over migratory workers in camps or to personally carry out their duties at all times as set forth in this subchapter they shall designate a capable person to act as foreman of the crew with authority to act in their stead. The delegation of authority, however, may not serve to exonerate them from liability for failure to perform duties in this subchapter.
§ 31.6. Appeal.
Any refusal by the Department to issue a license or any revocation or suspension of the license may be appealed by the applicant to the Board which shall hold a hearing at which the applicant may appear with counsel and the witnesses and documents as he may desire. The procedure at the hearing shall conform to the procedure of any court of Quarter Sessions in this Commonwealth.
§ 31.7. Penalty.
Any person who violates this subchapter or any regulations of the Department or who interferes with the Department or its duly authorized representative in the enforcement of this subchapter or regulations shall be penalized under section 15 of act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. § 25-15).
§ 31.8. Farm labor contractor.
For the purpose of this subchapter, a person who is registered with the Department under the act of June 23, 1978 (P. L. 537, No. 93) (43 P. S. § § 1301.101—1301.606), as a ‘‘farm labor contractor’’ shall be considered to have obtained a crew leader license as required by § 31.2(a) (relating to license).
Source The provisions of this § 31.8 adopted October 27, 1978, 8 Pa.B. 2908.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
