,: 9
THE A-ITORNEY GENERAL
OFTEXAS
September 30. 1975
The Honorable Jackie W. St. Clair Opinian’No. H- 700
Commissioner, Department ‘of
Labor and Standards Re: Whether crew leaders, day
P. 0. Box 12157 labor contractors and temporary
Austin, Texas 78711 labor pool8 are “labor agents”
under article 5221a-5, V. T. C. S.
Dear Commissioner St. Clair:
You have requeeted our opinion regarding whether crew leaders, day
labor contractors and temporary labor pools should be deemed “labor agents”
for purposes of article 5221a-5, V. T. C. S. You state that all three groups
contract with a user employer to, supply a labor pool, for which they recruit
members. Each of the three groups is paid in a lump aum by the user
employer, and each in turn paya it6 laborers a lower aurn and retain8 the
difference. You indicate that crew leaders and day labor contractors supply’
agricultural laborers, whom they pay on a piece rate basis. They generally
do not operate out of a fixed office. Temporary labor pools, on the other
hand, supply industrial laborers, pay them on an hourly basis, and operate out
of a fixed office in an urban area.
Section I(e) of article 5221a-5, as amended by Acts.1975:, 64th. Leg. , ,
ch. 182, at 409, defines “Labor Agent” as:
. . . any person in this State who, for a fee, offers
or attempts to procure, or procures employment for
employeea, or without a fee offers or attempts to
procure, or procures employment for common or
agricultural workers; or any person who for a fee
attempts to procure, or procures employees for Ann
employer, or without a fee offerr or attempt8 to
procure common or agricultural workerr for employ-
p. 3032
- .
I-
.
The Honorable Jackie W. St. Clair - page 2 (H-700)
era, or any person, regardless whether a fee is
received ,or due, offers or attempts to supply or
supplies the services of common or agricultural
workers to any person. The term ‘Labor Agent’
includes any person who, for a fee, employs workers
to render personal services in connection with the
production of any farm products to, for, or under
the direction of a third person, or who recruits,
solicits, supplies, or hires workers on behalf of
an employer engaged in the growing or producing
of farm products, and who, for a fee, provides in
connection therewith one or more of the following
services: furnishes board, lodging, or transporta-
tion for such workers: supervises, times, checks,
counts, weighs, or otherwise directs or measures.
the work; or disburses wage payments to the workers.
“Fee” is defined in sectioql(b) as:
.‘. anything of value including money or other
valuable consideration or services or the promise of any
of the foregoing received by a Labor Agent or Agency
from or on behalf of any person seeking employment,
or employers seeking employees, in payment for any
service, either directly or indirectly. The term ‘fee’
includes the difference between the amount received by
a Labor Agent and the amount paid out by him to persons
employed to render personal. services to, for, or under
the direction of a third person.
“Person” means :
. . . an individual, partnership, association, corporation,
legal representative, trustee, trustee in bankruptcy, or
receiver.. Article 5221a-5. section l(a).
p. 3033
The Honorable Jackie W. St. Clair - page 3 (H-700)
Crew leaders, day labor contractors and operators of temporary
labor pools all may be said both to “procure employment for employees”
and to “procure employees for an employer. ” The definition of “fee” to
include “the difference between the amount received by a Labor Agent and
the amount paid out by him to persons employed to render personal services to,
for, or under the direction of a third person” appears to comprehend the’precise
method by which you indicate that such laborers are compensated. Under the
facts you state, it is our opinion that crew leaders, day labor contractors and
temporary labor pools would be construed to be encompassed within the defin-
ition of “Labor Agent” provided in section l(e).
SUMMARY
Crew leaders, day labor contractors and operators
of temporary labor pools, as described, are “Labor
Agents” for purposes of article 5221a-5, V. T. C. S.
JOHN L. HILL
Attorney General of Texas
at Assistant
C. ROBERT HEATH, Chairma%
Chairman
Opi.nion Committee
jwb
p. 3034
Untitled Texas Attorney General Opinion
Combined Opinion