TN 17 (09-93)
RS 01403.077 Secondary Evidence — Allegations of Wages by Migrant Farm Workers
The instructions in this section are required because of the special nature of migrant farm worker employment. Possible problems are the following:
no Social Security tax withholding or reporting;
no wage statements given to employees;
language complication for communication; and
difficult determinations of the identity of the employer and the payment of “wages.”
In addition to the need to develop evidence of wages (amounts, periods of employment, etc.), it may also be necessary to determine the identity of the employer and whether agricultural wage tests were met.
1. Identity of Employer
Determine the identity of the employer by questioning the employee and fellow workers, if necessary. Crew leader involvement is to be developed per RS 02101.700H.
Determine if “wages” were paid per RS 01402.020.
3. Statement Content
Obtain signed (and dated) statements from the employee, fellow agricultural workers, and anyone else, including family members, who have actual (not hearsay) knowledge of this employment that show as much of the following information as possible:
name of employer(s);
address of employer;
periods of employment;
rate(s) of pay for each period of employment;
amount paid per calendar year of employment;
basis for declarer's knowledge of the above facts; and
relationship of declarer to employee.
4. Statement Development
Use RC's when signed statement cannot be obtained from employer that details any oral evidence.
Use approximate dates/rates of pay/wages where precise information is not known or available.
Make sure that the information is as complete as possible.
5. Rate of Pay
Obtain rate of pay information for migrant farm labor in the communities in which the employee worked to compare it to allegations on statements.
Prepare formal special determination per GN 01010.330 to either establish or deny establishment of wages. Send a copy of special determination to OISP using the address shown in RS 01403.035C.3.