PRINTER'S NO. 1472

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1360

Session of

2021

INTRODUCED BY HOHENSTEIN, D. MILLER, BURGOS, GUZMAN, HILL-EVANS,

SANCHEZ, SCHLOSSBERG, N. NELSON, DELLOSO, PASHINSKI,

D. WILLIAMS, HOWARD, FREEMAN, McCLINTON, O'MARA, SCHWEYER,

providing for inspection of seasonal farm labor camps;

providing for the promulgation of rules and regulations;

establishing rights of access and egress, providing

penalties; and repealing certain acts," in preliminary

provisions, further providing for short title, for

declaration of intent and for definitions; in wages and

hours, further providing for minimum wages, for piece rates,

for employment of minors, for discrimination on account of

sex prohibited, for records required and notice to workers,

for wage payment and for hours of labor and providing for

agreements with Federal and State agencies, for medical

services and for posting of information concerning housing;

in access and entry, further providing for tenancy rights,

for interference prohibited and for privilege persons and

providing for privacy rights of tenants; in registration of

farm labor contractors, further providing for annual

registration required, for qualifications of registrants, for

agents exempt from registration and employment agencies, for

farm labor contractors and agents and prohibited activities

and for Secretary of Labor and Industry and powers and

hereby enacts as follows:

Section 1. Sections 101 and 102 of the act of June 23, 1978

(P.L.537, No.93), known as the Seasonal Farm Labor Act, are

amended to read:

Section 101. Short title.

This act shall be known and may be cited as the "[Seasonal]

Farm Labor Protection Act."

Section 102. Declaration of intent.

act to improve the conditions of [seasonal] farm workers by

establishing standards for their wages, hours, conditions of

Section 2. The definitions of "employer," "farm labor

contractor," "seasonal farm labor," "seasonal farm labor camp,"

"seasonal farm worker" and "secretary" in section 103 of the act

are amended and the section is amended by adding definitions to

read:

Section 103. Definitions.

The following words and phrases when used in this act shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"Committee." The Farm Labor Committee established under

"Employer." Every individual, firm, partnership,

court of this Commonwealth, or any person or group of persons

relation to any employee, employing or permitting to work any

[seasonal] farm worker in this Commonwealth, and includes every

farmer, grower, nurseryman or landowner who employs, or on whose

premises or in whose interest is employed, any [seasonal] farm

worker. Notwithstanding any other provisions of law, a farmer,

grower, nurseryman or landowner shall not be considered an

nurseryman or landowner:

during each of the current and previous calendar years;

farm labor during each of the current and previous calendar

years; and

farm workers permanent residence.

"Farm labor." Labor or employment engaged in by a farm

worker.

"Farm labor camp." The following shall apply:

(i) any living quarters, including housing

(i) any single-family dwelling unit which is

(ii) any hotel, motel, inn, hostel, boarding

(iii) any building reserved exclusively for personal

"Farm labor contractor." Any person who, for payment, wages,

salary, fees or other consideration, either for himself or on

behalf of another person, recruits, solicits, hires, furnishes

or transports five or more [seasonal] farm workers (excluding

the term "farm labor contractor" means that officer, official,

activity. [Such] The term shall not include:

corporation which is the holder of a valid and current

license pursuant to the act of July 31, 1941 (P.L.616,

No.261), known as the "Employment Agency Law";]

nonprofit private educational institution, or similar

organization; or

landowner who engages in such activity for the purpose of

operation, except that an employee of an individual farmer

be considered a "farm labor contractor" for the purposes of

this act.[; or

purpose of obtaining seasonal farm workers of any foreign

nation for employment in the United States if the employment

is subject to:

(i) an agreement between the United States and such

(ii) an arrangement with the government of any

harvesting, gathering, washing, sorting, weighing, handling,

market, to storage or to a carrier for transportation to market,

(relating to definitions) or any farm product as defined in 1

Pa.C.S. § 1991 (relating to definitions) in the farm product's

or agricultural commodity's unmanufactured state. The

immigration and employment authorization status of an

individual shall not be relevant to any protections for or

rights of farm workers under this act.

accommodations on the premises. The term includes a sleeping

by a farm worker. The term does not include a building reserved

"Permanent resident." A person that:

housing which has not been provided by an employer or farm

labor contractor and which is located in the same county in

this Commonwealth where the person currently resides;

daily agricultural work location; and

provided by an employer or farm labor contractor, whether or

previous calendar year;

lived continuously in this Commonwealth for more than two

years;

by an employer or farm labor contractor or operated in

connection with a place of employment and has lived

continuously at that same location in this Commonwealth for

as the tenant in possession in a single-family home which is

of a written lease which may not be terminated with less than

30 days' notice.

* * *

["Seasonal farm labor." Labor or employment engaged in by an

individual defined in this act as a seasonal farm worker.

"Seasonal farm labor camp." Any living quarters, including,

without limitation, housing accommodations, motel, rooming

house, dormitory, or mobile home, maintained directly or

indirectly in connection with any work of, or place where work

is being performed by, seasonal farm workers whether or not rent

workers; but shall not include buildings reserved exclusively

"Seasonal farm worker." An individual employed in raising,

harvesting, gathering, washing, sorting, weighing or handling,

drying, packing, packaging, grading, storing or delivering to

market or to storage or to a carrier for transportation to

market in its unmanufactured state, any agricultural commodity

as defined in the act of September 20, 1961 (P.L.1541, No.657),

known as the "Pennsylvania Agricultural Commodities Marketing

(relating to definitions) on a seasonal or other temporary

employment, while he performs agricultural labor on a seasonal

from his permanent residence to the work site unless

transportation is provided such a person by a farm labor

contractor; and, other provisions of this act to the contrary

notwithstanding, includes any person residing in living quarters

owned, leased or operated by an employer or a farm labor

contractor and occupied by four or more unrelated persons.]

"Secretary." In Chapters 2 [and 5,], 4, 5 and 6, the

Secretary of Labor and Industry, and in Chapter 3, the Secretary

of [Environmental Resources] Agriculture, except where clearly

stated otherwise.

the act are amended to read:

(a) Except as may otherwise be provided under this chapter,

[seasonal] farm worker wages at a rate which is as great or

greater than the minimum hourly wage rate in force under the act

of January 17, 1968 (P.L.11, No.5), known as "The Minimum Wage

Act of 1968," at the time payment is due to the [seasonal] farm

worker.

(b) [Such wages] Wages under subsection (a) shall be paid at

any contrary provision or exclusion in The Minimum Wage Act of

(c) [No employer shall be required to pay wages at a rate

number of hours worked by any seasonal farm worker in any one

workweek exceeds 40 hours.] An employer shall pay overtime wages

to an employee who is a farm worker on the same basis as

required for other employees under section 4 of the Minimum Wage

Act of 1968.

(d) All farm workers shall have the same rights, remedies

and procedures to enforce their rights to wages in accordance

with section 9 of The Minimum Wage Act of 1968. The secretary

shall administer this subsection in accordance with The Minimum

Wage Act of 1968.

such payment must be made before the closing of the [seasonal]

(d) No employer of [seasonal] farm labor shall deduct,

[seasonal] farm worker any amount on account of debts accrued or

anticipated, regardless of purposes of circumstances: Provided,

That nothing in this subsection shall prohibit any employer of

[seasonal] farm labor from deducting or withholding from any

wages paid such amounts as may be required on account of any

tax, or of any Social Security payment, or of dues payable to a

subscription for the support of a charitable organization or

from the [seasonal] farm worker for group insurance pursuant to

corporation providing medical, osteopathic, dental or legal

services, or reasonable charges for housing and meals provided

by the employer, which the [seasonal] farm worker has authorized

in writing, or of any amount or partial amount of any advance

payment by the employer to the [seasonal] farm worker against

subsequent earnings pursuant to a contract or prior agreement

with [such seasonal] the farm worker.

(e) No employer of [seasonal] farm labor shall designate as

his agent or shall permit to act or perform as his agent, with

respect to the payment of wages or other compensation, any farm

(P.L.616, No.261), known as the "Employment Agency Law," or the

labor contractor.

deprive any [seasonal] farm worker of any right or privilege to

which he is or would be entitled under any general law of the

Commonwealth, or by any rules or regulations promulgated

pursuant to any such law.

(g) [If an employer of seasonal farm workers furnishes a

statement to each seasonal farm worker including the wage rate

of employment which have been agreed upon prior to hiring and

seasonal farm workers, then the employer may allow a farm labor

a farm labor contractor to act as his agent, then for the

purposes of section 205(b) and section 206 the farm labor

contractor shall be considered to be the employer.] If an

employer of a farm worker has furnished the statement required

by section 205(c) and (f) to each farm worker and included the

name and tax or account identification number of the employer

entity providing any unemployment insurance, employer Social

Security contributions and workers' compensation insurance, and

also posts the statement in a place that is easily accessible to

the farm workers, then the employer may allow a farm labor

the employer.

(a) No [seasonal] farm worker shall be required to work or

six days in any one week, or more than 48 hours in any one week,

or more than ten hours in any one day.

(b) Whenever any [seasonal] farm workers shall be employed

or permitted to work on the premises of more than one employer

in any one week or in any one day, the aggregate number of hours

during which he shall be required to work on all such premises

(c) No [seasonal] farm worker shall be required to work for

or rest period of at least 30 minutes, which period shall not be

than 30 minutes shall be deemed to interrupt a continuous period

of work.

Section 4. The act is amended by adding a section to read:

Section 208. Minimum guaranteed period of employment.

(a) If an employer, farm labor contractor or agent of an

employer or farm labor contractor recruits a farm worker either

outside of this Commonwealth for employment within this

Commonwealth or at a location within this Commonwealth that is

more than 25 miles from the work location, and if the

agricultural employment with the employer in this Commonwealth

be offered;

guaranteed hourly rate of pay, even if paid on a piece rate

quarters of the amount of average weekly hours of work

anticipated which shall be calculated and paid on a monthly

basis throughout the period of promised employment unless the

farm worker is terminated from work early for good cause

related to work; and

provided under section 505(a)(8).

shall be provided on request to any farm worker or to the farm

be available for ten months or more, the written statement

provided to the farm worker at the time of recruitment in

accordance with section 505(a)(8) shall reflect at least the

anticipated period of employment.

(c) If the hours of work within a pay period after the

initial pay period are less than three-quarters of the

anticipated average number of hours of work stated at the time

of recruitment of the farm worker, the wages paid by the

employer for the pay period shall include payment for minimum

guaranteed wages due for the pay period unless the farm worker

due, the employer shall provide a statement to the farm worker

hours of available work refused by that farm worker and shall

supervisory employee or agent of the employer who communicated

the availability of work on each of the days on which the work

was refused.

(e) If an employer terminates a farm worker prior to the

period of minimum guaranteed employment, guaranteed wages shall

be due at the same time as wages for the final period of

the farm worker for good cause related to the work. If

guaranteed wages shall be reflected on the wage statement

(f) If an employer terminates a farm worker who is otherwise

entitled to payment of guaranteed wages for good cause related

to the work, the employer shall provide a statement to the farm

worker as to the basis for termination of employment. The

employer shall retain records identifying the name of any

persons relied upon as witnesses to misconduct sufficient to

terminate the farm worker for good cause related to the work.

(g) Each employer shall maintain, for a period of three

years, a record of the names and home addresses of the farm

workers recruited by the employer, farm labor contractor or

of the written disclosure statement provided to the each farm

the disclosure, the date on which the disclosure was provided

with any other records required under this section.

Section 5. Sections 301, 302, 303, 304, 307 and 308 of the

act are amended to read:

Section 301. Rules and regulations.

(a) The Environmental Quality Board, subject to the

provisions for receipt of prior comment from the [Seasonal] Farm

amend and repeal such rules and regulations as it deems

and places of employment, to provide safe, healthful and

housing, sanitation, food facilities, fire protection and

safety, and to establish criteria for carrying out the functions

of the Department of [Environmental Resources] Agriculture under

this act. The [Seasonal Farm Labor Committee] committee shall

submit comments on existing rules and regulations to the

[secretary] Secretary of Agriculture and the Environmental

Quality Board.

(a.1) The Secretary of Agriculture and the Secretary of

Labor and Industry shall submit annual reports to the committee,

summarizing activities under this act during the previous year.

Agriculture and the full committee consistent with bylaws to be

entitled upon request to receive copies of reports provided to

Committee.

(b) There is hereby established in the Department of

[Environmental Resources a Seasonal] Agriculture a Farm Labor

Committee consisting of the Secretary of [Environmental

Resources or his] Agriculture or a designee, who shall be

[chairman, the Secretary of Agriculture or his designee,]

designee, the Secretary of Health or [his] a designee and six

of whom shall be selected from lists submitted by employer

farm workers or persons with experience in using [seasonal] farm

labor for agricultural purposes, and three of whom shall be

representatives of Statewide organizations or agencies actively

engaged in the welfare of [seasonal] farm workers. Of the

members first appointed, one shall serve one year, one shall

serve two years, two shall serve three years and two shall serve

four years. The public members shall be reimbursed for necessary

expenses incurred in performing their duties under this section.

Each person appointed by the Governor shall be entitled to

designate an alternate to act on behalf of the appointee in the

(c) The Environmental Quality Board shall have no power to

[seasonal] farm labor camps until receipt of written comments on

Committee] committee, or until 60 days have expired from the

date when such rules and regulations were submitted by the

secretary to the committee for their comments. Existing rules

and regulations shall continue until modified, superseded or

repealed by the Environmental Quality Board under this section.

Section 302. Inspections and entry.

the Department of [Environmental Resources] Agriculture from

inspection shall be made prior to the issuance or renewal of a

with and to assist camp owners and operators with respect to the

requirements of this act, the rules and regulations or permits

issued pursuant to this act, and other relevant statutes and

ordinances. Inspectors shall ascertain and report to the

department the violations of this act or of rules and

regulations or permits issued thereunder, or of any other act,

rules or regulations apparent in the course of any inspection.

The inspector shall provide the camp owner with a copy of the

inspection sheet immediately following the inspection.

(b) The secretary and [his] any authorized officers and

and inspect all sites, accommodations, equipment or

use, to determine whether the requirements of this act, any

rules and regulations, permits or orders issued pursuant to

this or any other act are being complied with.

It shall be unlawful for any person to prevent, interfere with,

or hinder the secretary or [his] any authorized officers and

agents when, after presentation of proper identification, [such]

this subsection.

[seasonal] farm workers who believes that a violation of this

this act or of any other act, may request an inspection by

giving notice to the secretary or [his] an authorized

representative of [such] a violation. Any [such] notice shall be

reduced to writing, shall set forth with reasonable

particularity the grounds for the notice, and shall be signed by

the [seasonal] farm worker or representative of [seasonal] the

farm [workers] worker. A copy shall be provided to the employer

or [his] the employer's agent no later than at the time of

inspection, except that, upon the request of the person giving

[such] a notice, [his] the name and the names of individual

authorized representative shall make an inspection in accordance

determine if [such] a violation exists. If the secretary

provided for in this subsection, [he] the secretary shall, in a

timely fashion, inform the employer of the name of the person

who filed the notice. If the secretary determines there are no

reasonable grounds to believe that a violation exists [he], the

secretary shall notify the [seasonal] farm workers or

representative of the [seasonal] farm workers in writing of

Section 303. Permit to operate a [seasonal] farm labor camp.

buildings or facilities to allow the occupancy, operation or use

a permit authorizing the operation and occupancy of [said

seasonal] the farm labor camp from the department.

(a.1) Application for a permit to operate and occupy a

[seasonal] farm labor camp shall be made at least 60 days prior

to the first date of occupancy, or within 60 days of the

effective date of this act for any [seasonal] farm labor camp

which is occupied on the effective date of this act. The

application shall specify the period for which permission to

occupy the [seasonal] farm labor camp is requested, the date

when the camp will be ready for inspection which date shall be

(d) Where notices under this act are required by section

language common to farm workers, the notices required under this

shall be timely provided and posted in accordance with the terms

of section 205(f).

Section 7. Sections 401, 402 and 403 of the act are amended

to read:

Section 401. Tenancy rights.

A [seasonal] farm worker who resides in any structure or

contractor [and occupied during at least six months in a

lease, whether or not consideration is given for the right or

be deemed to be the tenant in possession and shall have every

right and recourse to law as if [he were] the person was the

tenant in possession for [such time as he shall reside therein]

the period of time the person resided in the residence,

including, without limitation, the right to [three days notice

prior to eviction from such a structure or a property unless the

seasonal farm worker resides in such structure or property with

one or more dependents, in which case the seasonal farm worker

and his family shall be given two weeks notice prior to

eviction.] notice prior to eviction from the structure or

to prohibit, bar, or interfere with, reasonable access to, or

privileged person, either by the erection or maintenance of any

of force or violence, or by posting, or by any order of notice

given in any manner.

Section 403. Privileged persons.

The entry to or egress from the premises of any [seasonal]

farm labor camp shall not be denied by any means, nor shall any

person attempt to deny or to limit the access to or egress from

the Commonwealth of Pennsylvania, a local government, or the

board, agency, bureau, commission or service, or his duly

authorized representative who shall, upon request, present

proper identification to the owner, provided that such

organization has within the present year of occupancy

notified the owner of the camp stating their purpose and the

agent of the organization visiting the [seasonal] farm labor

camp;

under the auspices of private organizations whose primary

objective on entering the premises is the health, safety,

Section 404. Privacy rights of tenants.

same rights of privacy in any living quarters that are provided

any other tenant in possession. All farm workers residing in

dormitory or communal sleeping facilities shall be provided with

sufficient private lockers or closets that are able to be

secured to protect private possessions within a communal

sleeping facility. Any guest or visitor to a communal sleeping

facility shall leave the sleeping area of any occupant on

Section 9. The heading of Chapter 5 and sections 501, 503,

CHAPTER 5

Section 501. Annual registration required.

(a) No person shall act as a farm labor contractor unless

[he] that person possesses or has applied for a certificate of

registration issued by the secretary. A certificate of

registration may not be transferred or assigned. Every

certificate shall be effective until 12 midnight of December 31

of the year during which it is issued, unless suspended or

revoked pursuant to this act. The certificate of registration

shall be displayed by the registrant upon request of the

Secretary of Labor and Industry, the Secretary of [Environmental

worker or prospective [seasonal] farm worker; or of an employer

qualified officer of the United States or of any local

(b) The provisions of subsection (a) to the contrary

notwithstanding, if an employee of an individual farmer, grower,

nurseryman[,] or landowner engages in the activities of a farm

labor contractor on an emergency basis solely for the benefit of

[his] an employer's operation, [he] the employee may apply for a

certificate of registration from the secretary after having

(c) Any farm labor contractor who is to be utilized by an

specifically authorized by the department. Prior to issuance of

shall:

agricultural employer proposing to utilize the farm labor

contractor for the payment of wages an agreement from the

agricultural employer stating those employment and payroll

taxes that will be directly paid by the agricultural employer

and those that will be the responsibility of the farm labor

contractor; and

active and valid employer account number for each employment

paid and that any necessary reports as to employee earnings have

Section 503. Qualifications of registrants.

certificate of registration, and may suspend or revoke any

certificate previously issued, if [he shall find] the secretary

finds that the applicant or registrant:

or regulations promulgated under this act;

application for registration or renewal;

of the Pennsylvania Consolidated Statutes, (relating to

Federal statute or rule with relation to the regulation or

operation of motor vehicles for the transportation of persons

or property by motor vehicle; or

seq.), known as the "Farm Labor Contractor Registration Act

of 1963,"] the Migrant and Seasonal Agricultural Worker

Protection Act (Public Law 97-470, 29 U.S.C. § 1801 et seq.)

and has failed to apply for and to obtain a certificate of

registration pursuant to that act, or whose certificate of

registration under that act has expired and has not been

penalties provided by this act or any other law. Any

registration or who has had [his] a certificate of

shall have the right to file an appeal, within 30 days of

receipt of notice of [such] refusal, revocation or

suspension, with the Industrial Board pursuant to the

"Administrative Agency Law."

Section 504. Agents exempt from registration; employment

agencies.

valid certificate of registration pursuant to this act, who

employed partly or solely for the purpose of engaging in

registrant, shall not be required to obtain a certificate of

registration in [his] the employee's own name under this act.

Every [such] agent shall have in [his] the agent's immediate

possession when engaging in activities as a farm labor

contractor [such], proper identification as the secretary may

require showing [such] the employee to be an agent of a

registrant. Every [such] agent shall be subject to the

provisions of this act and of any rules and regulations

promulgated pursuant to this act to the same extent as if [he]

the agent were required to obtain a certificate of registration

section 503. For the purposes of this act, every registrant

designated by [him] the registrant, and shall be subject to any

certificate of registration, proceeding from any act of any

agent designated by [him] the registrant while [such] the agent

is engaged in activities as a farm labor contractor. No [such]

agent shall be permitted separately to engage in activities as a

farm labor contractor, or to contract with or become the

employee of any employer of [seasonal] farm labor, except on

represents, and in the same employment, on the same premises and

represents. No employer may act as, or be designated as, the

labor contractor is providing, or intends to provide, [seasonal]

farm workers for employment by, or in the interest of, [said] an

employer.

(b) Every person, partnership, association or corporation

which is the holder of a valid and current license pursuant to

the act of July 31, 1941 (P.L.616, No.261), known as the

"Employment Agency Law," shall be exempt from the registration

requirements of this act.

Section 505. Farm labor contractors and agents; prohibited

activities.

worker any false or misleading information, or fail to fully

concerning terms of employment, wages to be paid and the

conditions of employment, conditions of residence,

arrangements for transportation, arrangements for providing

or furnishing food, clothing, and other personal goods or

services[,] or the demand for or existence of opportunity for

employment, for the purpose of inducing [such seasonal] a

farm worker or prospective seasonal farm worker to accept or

labor contractor or [his] an agent[, or by an] or other

seq.), known as the "Farm Labor Contractor Registration Act

of 1963";] the Migrant and Seasonal Agricultural Worker

Protection Act (Public Law 97-470, 29 U.S.C. § 1801 et seq.);

into any agreement with[,] any person with knowledge that

[such] the person is in violation of any provision of the

immigration and naturalization laws of the United States[,]

or is a fugitive from justice in any state or under Federal

statute;

substance as defined by the act of April 14, 1972 (P.L.221,

Control Act," or by the act of April 14, 1972 (P.L.233,

Cosmetic Act"; or violate any provision of the act of July

22, 1970 (P.L.513, No.178), known as the "Pennsylvania

Cigarette Tax Act";

administer, any wages, salaries, emoluments[,] or any other

rewards of or payment for the time, labor or employment of

except pursuant to section 206 or as provided under section

in action, a rate of interest, discount, fines, charges or

consideration, unless he shall be in compliance with the

provisions of the act of April 8, 1937 (P.L.262, No.66),

known as the "Consumer Discount Company Act";

farm worker, whether or not recruited by [him] the person or

under [his] the person's supervision or direction, or under

any contract or agreement with [him] the person, written or

verbal, any money, goods or any other thing, for any service

offered or performed, including the purchase and resale of

transportation of the seasonal farm worker and his relatives

and their possessions from the place of their residence or

recruitment to the premises of an employer of seasonal farm

labor, or from the premises of one employer to those of

another, and return to the place of their residence or

recruitment, and for a reasonable amount for the preparation

and serving of meals during the seasonal farm worker's term

(iii) the appropriate officers or other agencies of

other officers, departments, boards, agencies or commissions

state, or of any local government, or with other persons or

organizations in the enforcement of the provisions of this

chapter[.] and chapters 2, 4 and 6; and

and farm labor contractor utilizing a farm worker to file

periodic informational returns with the department containing

information deemed relevant by the department as to the

employment of a farm worker.

Section 606. Criminal penalties.

(a) [Any person who violates any provision of Chapters 2, 4,

second or subsequent violation of the same provision of this act

after written notice, shall be guilty of a misdemeanor of the

fine of not more than $1,000, or to undergo imprisonment not

exceeding one year, or both. For the purposes of this section,

any violation occurring during any period of seven consecutive

days shall be considered one offense.] The Office of Attorney

General shall be empowered to file and prosecute criminal

proceedings under this act. Any person who willfully and

promulgated under this act or any effective permit, permit

Department of Labor and Industry issued under this act shall be

degree and shall be sentenced to pay a fine of not more than

$1,000 and costs of prosecution or to undergo imprisonment

for not more than one year, or both.

degree and shall be sentenced to pay a fine of not more than

$10,000 or to undergo imprisonment for not more than three

years, or both.

(b) Prosecution for a violation of any section of this act

shall not bar prosecution for a violation of any other section

termination of the employment of any seasonal farm worker for

be a separate violation of this act and subject to the criminal

Section 10. The act is amended by adding sections to read:

Section 606.1. Retaliation prohibited.

It is a separate violation of this act to interfere with,

intimidate, threaten, restrain, coerce, harass, evict, blacklist

or terminate any farm worker or in any manner to discriminate

against any farm worker for having:

proceeding under or related to this act;

proceeding under paragraph (1);

any right or protection under this act;

advocate group or legal service.

Section 606.2. Private right of action.

Any person aggrieved by a violation of this act or any

regulation under this act by a farm labor contractor,

agricultural employer or other person may file suit in the court

of common pleas or other court of competent jurisdiction. If the

that multiple infractions of a single provision of this act or

violation for purposes of determining the amount of statutory

Section 606.3. Civil penalties and enforcement orders.

(a) The department may issue enforcement orders requiring

the abatement of any violation of Chapters 2, 4, 5 or 6 or any

rule or regulation adopted under Chapters 2, 4, 5 or 6. Any

order issued under this subsection shall be in writing, identify

the person or persons to whom the order applies, including

conditions that are to be abated. The order may also establish a

Orders issued under this subsection may include requirements for

Any order issued under this subsection shall be served

personally or by certified mail and shall be effective on

receipt.

(b) Notwithstanding any other provision of this act, the

secretary or a designee may assess civil penalties payable to

the Commonwealth in the amount of not less than $100 and not

more than $1,000 for each violation of this act or any rules,

regulations or orders promulgated or issued under this act. In

determining the amount of the penalty, the secretary shall

consider the willfulness of the violation, expenditures incurred

than one farm worker as a separate violation of this act. Any

days after the adjudication is issued by the secretary or a

by law for the execution of a final judgment and shall have

priority over any other civil debt. If the person fails to pay

the penalty when due, the principal amount, together with

interest at 8% per annum and any costs that may be incurred,

shall be a lien on the property of the person, but only after

the same has been entered and docketed of record by the

secretary, at the request of any party, shall transmit certified

duty of each prothonotary to enter, docket and index the copy of

as a final judgment.

(d) In addition to any other remedies provided for in this

act, an action in equity may be filed in the court of

appropriate jurisdiction for an injunction to restrain any

violation of this act or the rules, regulations or any order of

the department issued under this act, including an action to

restrain any public nuisance or condition which may be

detrimental to the health or safety of a farm worker or their

family. If an action in equity is filed, the court shall, upon

motion of the plaintiff, issue a mandatory injunction if the