I - U.S. Darla 1 ent of Labor Agricultural and Food Processing Clearance Order Employment and Traini Pedido de Em pleades para Agriculture 31 Proceeamlento do Allmentos 0MB. Approval No. 1205-0 i, expires 1tl30l2012 i. Employer?s Name and Address (Number. Street. City. State. Zip Code. and Numbers 4. 5. a. "f and 8 for State u?saon'ty. telephone number) i Nomore Direcclon dot Empleador cello. cludad. 4. Industry Code c?d go as 5. Jan 0rd,; pp I No. 0mg? d3 codigo postal teletonol rndugma Empieo i 13 1 Three Chimneys Farm 2 9 2 0 1'31 5 5 7 1931 on Frankfort Pike 6, Occupational Title and Code rrltulo coupaolona' George Versailles. KY 40333 - (859} are-rose . 2. Location and Directlon to Work Site! Direccton dot lugar de trahajo Work 8 lanChS?An 5" Clearance Order Issue Date I Feeha de a 1931 Old Versailles, mitoses TrarnitaStart out going East on meln StlUS-?rl?tl EUS-BO Eloward KY-1659 Sltdartin Luther King Jr 8. Job Date I Fecha do explraclonTurn RIgtltonto rev-lose SlMartin LutherKing Jr. Blvd. Turn left onto KY 676 ElEastWestConn. If.) Merge onto US-co ENersaIItes Rd toward FrankforWersailles. j; 0 Turn tell onto Old Frankfort PIkel?KY-tetll. . an End at 1981 Old Frankfort Pike Versailles KY 40383-6916 . a . . 0 [If additional space ls needed. use separate sheet of paper) r? 3. Location and Description otHousIng Direcolon Descripcton do to Vivienda 9. Anticipated Period of Employment Perle Antr go one .5: Sol-3 Empleo 2,3110 ll a .. 1931 Did Frankfort Pike. Versailles. KY 40383 Frontr Desde:~ a tip Ef2 '311 5 I ?2 I Bifdrl outgotng East on main EUS-GD toward KY 1659 Sr?Martln Luther King Jr 10. ND. 01 wmke?s Requasw IND. d3 Trabajador11. Anticipated Hours of Work per Week! Horas Antcpadae do It - 1 Tom left onto KY Bi?ti ElEast WestConn. y. l; a Tramp or Semena Tom 40 I 1 Merge onto ENersailles Rd toward FrankierWersalltes. gm: Turn leltonto oro Frankfort PlkelKY-totli. 0V 1 0 . - Sunday! Domingo Mondar Lunele End at 1981 Old Frankfort Pike Versailles KY 40383-6916 . Tuesday 1 Marlee 8 Wednesday luMiercoles a Thursdayflueves a Friday I Vlersesgp [Elli-j SERW Saturday Sabado CE 12. Collect Calls Acceptedee Aceptan Llamadae a Cob or: i do: i 333$:pr space to needed. use separatesheot otpaporJJSI newslla m?sespaclo. dacmnenlo Employer; El Emphadur Yes No Local Ollicel La Ottcina Local Yes Cl No 13. Board Arrangements Arreglo do Alolamienlo The employer will furnish tree and convenient cooking and kitchen facilities so that workers can prepare their own meals or tarnish meats. a lie provide transportation. at least one each Week. to assure that workers have access to stores. to the event that a female employee is hired for this contract a second apartment will he made available for said employee and for Inspection try the SWA. The secondary apartment will have separate toilet and shower tacitltles so that male anc emote employees are provided separate and genderspeoitic houslng options. 14. Referral Instructions i para et Rotorimlento do Candidates Any LLS. workers who wish to apply. will be interviewed by employer. Mon-Fr]. 3:303:00. All hires will be reported to order holding Dilloa. 15. Job Specl?oallonsl Uescripclon dot Treban Workers will care for horses to protect their health and improve their appearance in conjunction with their assistance during the employer?s breeding. loalth?. meaning and yearling preparation $9350". Workers will provide water tor the employer?s horses and will measure. mix. and apportion teed and lead supplements acoorrl 0 feedan Instructlons during the atormonltoned season. Tratabadores culdan toe caballos. su salud. cuideran of cabello do too cahelles. Tralahadores daran ague comtda a tea caballos sigulendo tas ion as de duono dol rancher durante la sesion rnencloneda. [If more space is needed. summary of Material Jot: in ENGLISH can be included in separate document. and may also be Included In I 16. Wage Rates. Special Pay Information and Deductions Tarife do Page. Informaclon Sobre Pages Especiales Deduceiones [Rebates] Crop Actioitiosl Hourly Wage Place Rate it Unil(s} Special Fay Deductions! YES NO Pay Period Cultivos (bonus. etc.) St Pon?odo do Page Saiarto per Page por Pteza! Pages Especiales Deducclones Hora Unidad[esl (Bono. est.) 5 5 9.71 305131 Weekly! Semeoat 5 Federal Tax . lmpuestos Federales - 1 era 79: (Rev. July 2009} Copyright 2006 Forms in Word For Iodfvlo?uel use only. I as State Tax i Eli-weekly?r Impuestos Estatales cada 2 semanas 3: Meals {comidas} Other (specify)t0tro Dtheril O'tro El More Details About thePayIMas Detailes Sobre el F?ago Tax deductions will be made on US. workers only. The total wages offered by employer for the first week of work will be $388.40. If Overtime required hr. Wage will comply with the full 2010 wage guarantee listed at 20 CFR 655.120la). rate is $14.56 per The employer will offer a wage rate that is the highest of the AEWR. the prevailing hourly wage or piece rate. the agreed upon collective bargaining agree ent wage, orthe Federal or State minimum wage. Reasonable repair and cost of damage. other than that which is caused by normal wear and tear. may be deducted from wages of workers to be tounr to housing and tumishings. Workers will be charged for any willful damage to or loss of such tools and equipment. res ponsible for damage Transportation Arrangements 1 Arreglos de Transportacion (Please explain) At 50% of contract. workers will be reimbursed. Travel and subsidence paid by employer. Employer is required to reimburse workers who are unable their transportation expenses at minimum of $10.64 per day and $46.00 as the maximum amount if the worker is able to provide receipt. 3 {If additional space is needed. use separate sheet of paper. Si necesila mas espacio. utilice dooumento adicional.) provide receipts for 18. Is it the prevailing practice to use Farm Labor Contractors to recruit. supervise. transport. house, or pay workers for this (these) crop activity{ies)? Es la costumbre en et area de usar Contratistas Agicolas para reclutar. supervisor. transporter. dar vivienda. pagarle a los trabajadores en esteiestos tipo(s) de cosechalsysembradols)? YesiSi No IE If you have checked yes, what is the FLC wage for each activity?tSi contesto cual es el salario que is page at Contratista Agricola para cada actividad? 19. Unemployment Insurance provided t? Seguro por Desempleo: Yes No 20. Workers' compensation insurance provided I indemnizacion poraccidente de trabajo: Yes I14 No 21. Are tools provided at no charge to the workers? ?Se Ie proveen Ias herramientas de trabajo a los trabajadores sin cargo alguno? Yes No I: 22. List any arrangements which have been made with establishment owners or agents for the payment of a commission or other benefits for sales made to workers. (if there are no such arrangements. enter "None") i lndique todo acuerdo convenio con los propietarios del establecimiento sus representantes con respecto a! pago de una comision otros beneficios por ventas hechas a los trabajadores. {Si no hay ningt?tn acuerdo I convenio, indique "Ninguno") NonetNinguno 23. List any strike. work stoppage. slowdown. or interruption of operation by the employees at the place where the workers will be employed. (If there are no such incidents. enter"None")i - Enumere todo huelga. paro interrupcion de Ias operaciones por parte de los empleados en el lugar de empteo. (Si no hay. indique 'Ninguno") None/Ninguno i 24. Address of Order Holding Office [include Telephone number)!Direccibn de la 25. Name of Local Office Representative (include direct ci telephone O?cina donde se Radico Ia Oterta (incluya numero de teleiono) number} i Nombre del Representante de la Oficina Lo i??ncluya KY Department of Employment Services numero de telefono} I 25 East Main Street. Frankfort. KY 40621 PH: 502. 564.5350 Gatewo?ad PH: 502-554-5350 I i 25. Employer?s Certification: Thisjob order describes the actual terms and conditions oi the employment being offered by me and contains all the material terms and conditions of the job. Certi?cacidn del Empleador: Esta orden de trabajo describe los terminos oondiciones de trabajo. contiene todos los materiales. terminos, condiciones ofrecidos. 1 gargoyer?s Signature Title! Firma Tituio del Emple dor . i . ovateare rgo (Rev. July 2009) i READ CAREFULLY, In view of the statutorily established basic function of the Employment Service as a no-lee labor exchange. that is, as a fomm for bringing together employers and iota seekers, neither the ETA nor the State agencies are guarantors of the accuracy or truthfulness of informeltllon contained on job orders submitted by employers. Nor does any job order accepted or recruited upon by the One~Siop Career Center constitute a contractual job offer to which the One?Stop Career Center, ETA ora State agency is _in any way a party. Public Burden Statement Public reporting burden for the ETA Form 790 is estimated to be approximately 60 minutes per response, including time for reviewing ttions, searching existing data sources, gathering and reviewing the collection. Respondents' obligation to reply to these requirements is obligatory by 20 CFii 653.500 and 44 U.S.C. 3501. Persons are not required to respond to this collection ofinformation unless it displays a currently valid OMB Co Nun-then Public reporting burden for this collection is estimated to average 8 minutes per response, including the time to review instructions, search existing data sources, gather and maintain the data needed, and complete and review the collection of information. Send comments regarding this burden estimate or any other aspect ofthis collection, including suggestions for reducing this burden, to the U.S. Department of Labor, Migrant and Seasonal Far?: worker Progra n1, Room 84-209, 200 Constitution Avenue, NW, Washington, DC 20210. - Ii additional space is needed. use separate sheet of paper. Si necesita mas espacio. utiliced ocumento adicional.} 3 rate 790 (Rev. July 2009} ATTACHMENTS T0 ETA-790 ITEM 1 Employer?s Name, Address Telephone Number Three Chimneys Farm 1981 Old Frankfort Pike Versailles, Kentucky 403 83 (859) 873?7053 ch Conley?Morgan Law Group, PLLC 901 Broadway Lexington, Kentucky 40505 (859) 268-7705 ITEM 2? Location Direction to Work Site 1981 Old Frankfort Pike, in the county of Woodford, in the state of Kentucky. Start out going East on main BUS-60 toward KY-1659 SIMartin Luther Kin Turn Right onto KY-1659 SXMartin Luther King Jr. Blvd. Turn left onto KY 676 EfEast West Conn. Merge onto ENersailles Rd toward Frankfort/Versailles. Turn left onto Old Frankfort PikefKY?168l. End at 1981 Old Frankfort Pike Versailles KY 40383?6916 ITEM 3 Housing Housing will be clean and in compliance with OSHA housing standards. Workers will be maintaining housing in a neat and clean manner. Reasonable repair cost of damage, other than that which is caused by normal wear an deducted from the wages of workers found to be responsible for damage to housing and fur Housing and utilities are furnished at no cost to workers who are unable to return to residence the same day. The employer will furnish free and convenient cooking and kitchen facilities so that work their own meals or furnish meals. Employer will also provide tranSportation, at least one assure that workers have access to stores. In the event. that a female employee is hired for second apartment will be made available for said employee and for inspection by 1 secondary apartment will have separate toilet and shower facilities so that male and female provided separate and gender specific housing options. Description of HOUSING: 1981 Old Frankfort Pike, in the county of Woodford, in the state of Kentucky. Start out going East on main toward KY-1659 SfMartin Luther Kir Turn Right onto KY-1659 SflVIartin Luther King Jr. Blvd. Turn left onto KY 676 EXEast West Conn. Merge onto ENersailles Rd toward FrankforWersailles. Turn left onto Old Frankfort End at 1981 Old Frankfort Pike Versailles KY 403 83?6916 Jr sponsible for We itear, may be dishings. itheir place of . i e?rs can prepare feach week, to this contract a he SWA. The Eemployees are Mail and Telephone: Workers may receive mail at the following address: Three Chimneys Farm PO Box 114 Midway, Kentucky 40347 Workers may be contacted in the event of an emergency by telephone at: (859) 873-7053 ITEM 4 Board The employer will furnish free and convenient cooking and kitchen facilities so that work their own meals or furnish meals. Employer will also provide transportation, at least once assure that workers have access to stores. ITEM 5 Referral Instructions All US. workers who express an interest in the employment opportunity will be i employment and must be able to complete the following. 1. Physical ability to perform the work stated in this order. . Availability for the entire period of employment stated in Item 9 of the ETA Form 790. 3. Worker has been fully apprised of the terms, conditions, and nature of the job employment offered. Any .3. workers who wish to apply, will be interviewed by employer, Mon?Fri. 8:30?3:0( be reported to order holding of?ce. For interview contact: LaTerri Williams Three Chimneys 1981 Old Frankfort Pike Versailles, Kentucky 40383 (859) 873-7053 ITEM Ill?Job Speci?cations Tools and Equipment: The employer will furnish, without charge, all tools, supplies, and equipment required in t] of the speci?ed work. Workers will be charged. for any willful damage or loss of . equi pment. Workers will care for horses and mules to protect their health and improve their app animals and measure, mix and apportion feed and feed supplements according to the feedii 2 a! I i J. 1'5 can prepare ach week, to . 3'11! titerviewed for duties for the All hires will tieiperform ance :h tools and earance; water is instructions. These workers will also wash, brush and trim, and curry animals? coats to clean and appearance. These workers will inSpect animals for disease, illness, and injury and treat ani. to instructions. The workers understand that if he, she, or they abandon employment or are terminated for the end of the period of employment shown in item ?ve (5) he, she or they will forfeit ti and reimbursement of certain transportation costs described elsewhere in this job or absences andfor tardiness cannot be tolerated and may result in termination. Abandonmer ?ve (5) consecutive schedule working days of unexcused absence. Alternative Work: This could include maintenance of tools and equipment, and other work that is direc activities for which the workers were hired. Such work will be offered when climate preclude working in the primary activities stated above. Alternative work may only be I?qu week wage guarantee listed in 20 CFR 653.501 is invoked. General Conditions: Workers will begin at an assigned time, 8:00 am and continue until 4:00 pm. Monday work is available beyond normal workdays the employer may offer, but not require, opportunity to work additional hours. Work is performed during light rain and in high temperatures ranging from 100 degrees to 35 degrees F. Workers will work on their feet ir for long periods of time. Workers will supply their own work clothes. All tasks in this constitute one (1) job; the employer may assign workers to different tasks on any day or to iimprove their "pals according 'ldause prior to guarantee der. Excessive de?ned. as related the :1 or conditions if the first J:ulgh Friday. If the worker the in idity and in ent positions i) Description ultiple tasks during the same day in the sole judgment of the employer. Workers may be required to per orm work on the farm that is incidental to the job listed in the application, such as cleaning animal replenishing bedding, exercising animals, and unloading and storing feed and supplies whitewash stables using brushes and may clean saddles and bridles. Workers may also sad other duties assigned under this order will be those duties of a Stable Attendant, DOT Code: This is a very demanding and competitive business in which quality speci?cai rigorously adhered to. Sloppy work cannot and will not be tolerated. ITEM ll?Wage Rates?Pay Information 8: Deductions The prevailing wage rate for Kentucky or Adverse Effect Wage Rate (AEWR) whiche? guaranteed as a minimum for all work contained in this order. Wage will comply with the guarantee listed at 20 CFR The employer will offer a wage rate that is the highest of the AEWR, the prevailing hour]; rate, the agreed upon collective bargaining agreement wage, or the Federal or State minimt The employer will make the following deductions: Taxes applicable under Federal, State, and Local laws, advances meals willful property X), other Specify: Reasonable repair and cost of damage, other than that which is caused by normal wear a deducted from wages of workers to be found responsible for damage to housing and furnis will be charged for any willful damage to or loss of such tools and equipment. I 3 quarters and I orkers may dlle horses. All 410674-022. idns must be . . vje'r IS higher IS full 2010 wage wage or piece In? wage. destruction of tear, may be Workers The employer will furnish the worker, on or before each payday, written statements I minimum, the hours actually worked, total earnings, and all deductions for the pay statements will comply with 20 CFR 655.1220) 655.1220), and The total wages offered by employer for the ?rst week of work will be $388.40. Workers will be paid every week on Tuesday. The employer guarantees to offer the worker employment for at least three-fourths (3Z4) of listed in Item 10, excluding Federal holidays, beginning with the first workday after the worker at the place of employment and continuing through the ending date listed three?fourt hours during the employment period and any extensions. The employer shall pay the wor that the worker would have earned had the worker in fact, worked the guaranteed number 0 If before the work ending date speci?ed in Item 9, the services of the worker are no lor reasons beyond the control of the employer due to ?re, ?ood, hail, frost, drought, or oth which makes the ful?llment of the employment period impossible, the employer may employment. In the event of such termination the three?fourths guarantee will end termination. In such cases, the employer will make efforts to cover the cost of tran subsistence to the job regardless of whether ?fty percent of the contract has expired. and comparable work can be arranged, the employer Will pay the cost of transportation anql return the worker to the place of recruitment. The tlu?ee?fourths guarantee shall be void if the worker voluntarily abandons the emp the employment period ends or if the worker is terminated for cause. The 3/3 guarantee will regulations set forth at ZOCFR The employer will offer (but not require) the worker, referred though the Agricultur :h kc showing, at a' period. The the total hours arrival of the of the the amount hours. .ger needed for e?r Acts of God terminate the on the date of sportation and If no suitable subsistence to lgohment before abide by the all; Recruitment System, forty (40) hours of work at the prevailing Wage rate or AEWR, whichever notices the order holding office of the Kentucky Department of Employment Services of a change in the anticipated date of need at least 10 working days prior to the date of need. If the employer fails to notify th of?ce, the eligible worker will be paid the Speci?ed rate, or hourly piece rate guarantee, I brder holding Poi the ?rst full week?s services without regard to the actual hours worked or activity which the worker was :employed for the week. A worker who fails to notice the nearest Job Service of?ce no sooner than Ill days and no later than ?ve (5) working days prior to the anticipated date of need of their i the job for which they were recruited, will be disquali?ed from the ?rst week?s wage above. The employer may offer (but not require alternative work during the employment perio work may only be required if the ?rst week wage guarantee list in 20 CFR 653.501 is invo The employer will provide worker?s compensation insurance, at no cost to the worker, and disease arising out of, and in the course of, the worker?s employment. ITEM 12 Transnortation co he (9) working ritientions to ?ll harantee stated Alternative vering injury The employer will agree to reimburse the worker for the reasonable cost of transportation subsistence, as required in 20 CRF from the workers place of recruitment to the place 4 employment once the worker has completed ?fty percent of employment stated in Item 5. The provide or pay the cost of return transportation and subsistence to the place of recruitmer the worker is not returning to the place of recruitment and is going to subsequent emplc employer who is providing transportation to that job. If a subsequent employer is not bea tranSportation then the employer listed in Item 4 agrees to pay for that trarJSportation. Travel and subsidence must be pay by employer. Employer is required to reimburse w: transportation and subsistence expenses in the amount of $10.64 per diem as the minimur worker is unable to provide receipts and $46.00 as the maximum amount if the worker is receipt. Daily transportation from the housing site to the work site will be provided by the cost to the workers. OTHER CONDITIONS OF EMPLOYMENT Workers must possess suf?cient documentation required for the employer to complete t? eligibility veri?cation requirement of the Immigration Reform and Control Act of 1986. INVOLUNTARY TERMINATION . The employer may terminate the worker for lawful, job related reasons. In the event of the employer will notify the local of?ce of the Department of Employment Services phone and follow such noti?cation in writing. MEDICAL TERMINATION In the event of termination of a worker for medical reasons occurring after the worker has or occurring as a result of employment, the employer agrees to pay transportation and 31.1; for the workers travel to the place of employment and their return to the place of recruitme EXTENSIONS OF THE JOB ORDER No extensions of this order will relieve the employer of hisfher obligations to pay wages tl been earned, transportation costs that have already been, or shall be, incurred or guarante order. OUTREACH WORKERS The employer will allow outreach workers of the Department for Employment Service re EMPLOYER NOTIFICATION OF THE EMPLOYMENT SERVICE The employer will expeditiously notify the local of?ce of the Department of Employ] writing of any changes in the terms and conditions or anticipated dates of need in this orde ASSURANCES The employer agrees to abide by the regulations at 20 CFR 655.135, Assurances and 20 CF EFFORTS TO RECRUIT U.S. WORKERS AND THE RESULTS The employer agrees to advertise the job opportunities in the local newspaper and/or 011 stations. The employer also agrees to contact local feed mills and temporary help age adequate help before bringing in migrant workers. The employer agrees to interview a from such provided lists. The employer also agrees to recruit by the usual word of moutl will contact the local extension service, the farming agencies, farm worker service organi. work advocacy groups, such as Kentucky Farm workers Program, in the region for potenti I l?i i yr riir at? is to all workers employed under this order pursuant to 20 CF 653.107 and 20 CFR 653.employer will except when 11th with an. 1g the cost of 3 :frkers for their able to provide ployer at no ;t mount if the ?i 1 I employment i Licfh termination ibimediarely by been employed bsistence costs rial have already it 3 stated in this onable access :nt Service in 653.501. the local radio rcies to locate {one available The employer tions and farm workers. Employer agrees to interview all US. workers referred by the State Employment Service and all who apply directly.