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Iowa Farm Labor Laws

Iowa farm labor laws can be found in Iowa Code § 138.1 through § 138.19.  Pursuant to Iowa Code § 138.1, any individual who customarily and repeatedly travels from state to state for the purpose of obtaining seasonal employment in agriculture, including the spouse and children of such individuals, whether or not authorized by law to engage in such employment is called a migrant.  A migrant labor camp is defined as one or more buildings, structures, shelters, tents, trailers, or vehicles or any other structure or a combination thereof together with the land appertaining thereto, established, operated, or maintained as living quarters for seven or more migrants or two or more shelters[i].  A permit from the department of public health is required to operate a migrant labor camp[ii].  If the permit holder fails to maintain and operate the migrant labor camp in accordance with the provisions relating to migrant labor camp, the director shall revoke or suspend the permit[iii].

Pursuant to Iowa Code § 138.6, the director shall serve written notice upon the permit holder specifying the manner in which the holder of the permit has failed to comply with the provisions or any rules of the department and shall fix a reasonable time within which the objectionable condition or conditions must be removed or corrected.  If the holder of the permit fails to remove or correct such objectionable condition or conditions within the time fixed by the director, the director shall revoke or suspend such permit.  However, if the objectionable condition or conditions endanger the health, safety, or welfare of any inhabitants of a migrant labor camp, the director shall immediately suspend or revoke such permit.

Pursuant to Iowa Code § 138.7, when a person is denied a permit, or when a permit is revoked or suspended, such person may appeal to the director.  The director shall hold a hearing and render a decision within 30 days after termination of the hearing.

Pursuant to Iowa Code § 138.10, petitions for judicial review may be filed in the district court of the county wherein the license was to be issued or wherein such license is to be revoked or suspended, and such a petition for judicial review shall not operate to stay any order or final determination of the director unless the district court finds upon hearing after reasonable notice to all interested parties, that substantial damage would result to the appealing party unless such order or final determination was stayed and such a stay would not endanger the health, safety, or welfare of any inhabitants of a migrant labor camp.

Pursuant to Iowa Code § 138.11, the director may enter and inspect migrant labor camps at any reasonable time and may question persons, and investigate facts, conditions, practices, or any other matters as are necessary or appropriate to determine compliance.  The director may utilize the services of any other state department or agency or any local agency for assistance in inspections and investigations.

Pursuant to Iowa Code § 138.12, the director may grant written permission to individual camp operators to diverge from the provisions relating to migrant labor camps if such variation is necessary to obtain a beneficial use of an existing facility or if the variation is necessary to prevent a substantial difficulty or unnecessary hardship.  To be eligible for a permit, a migrant labor camp, or portion thereof, shall meet each and all of the requirements mentioned in Iowa Code § 138.13.

Pursuant to Iowa Code § 138.14, the camp operator shall report immediately to the local board of health the name and address of any individual in the camp known to have or suspected of having a communicable disease.  Whenever there shall occur in any camp, or portion thereof, a case of suspected food poisoning or an unusual prevalence of any illness in which fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom, the camp operator shall report immediately the existence of the condition to the local board of health and the director.

Pursuant to Iowa Code § 138.16, an inhabitant of a migrant labor camp shall use the sanitary and other facilities provided and shall keep the living quarters or shelter as well as the premises immediately adjacent thereto in a clean condition comparable to normal domestic standards.  Every camp operator or permit holder shall be responsible for the providing of and proper maintenance and repair of the premises, all shelters, structures, facilities, and service buildings of the camp, or portion thereof, for which the camp operator or permit holder was issued a permit as well as proper garbage and refuse collection, privy openings and closings, maintenance of water supply, pest and rodent control, toilet facilities, sewage disposal, laundry, hand washing and bathing facilities, lighting, operation of common kitchens, dining halls, feeding facilities, and safety and fire prevention.

Pursuant to Iowa Code § 138.17, the camp operator shall not establish a rental charge or deduction from the wages of the migrant, unless such migrant is fully informed of all such rental charges or deductions to be made prior to the time the migrant contracts for employment as an agricultural or migrant worker.  Any person who fails to comply with the provisions relating to a migrant labor camp, or any person who interferes or obstructs with the employees of the department in the performance of official duties shall be guilty of a simple misdemeanor[iv].

[i] Iowa Code § 138.1.

[ii] Iowa Code § 138.2.

[iii] Iowa Code § 138.5.

[iv] Iowa Code § 138.19.


Inside Iowa Farm Labor Laws