OVERVIEW

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) provides employment-related protections to migrant and seasonal agricultural workers and is administered and enforced by the Wage and Hour Division of the U.S. Department of Labor's (DOL) Employment Standards Administration.

Every non-exempt farm labor contractor, agricultural employer, and agricultural association must:

• Disclose the terms and conditions of employment to each migrant worker in writing at the time of recruitment and to each seasonal worker when employment is offered, in writing if requested;
• Post information about worker protections at the worksite;
• Pay each worker the wages owed when due and provide each with an itemized statement of earnings and deductions;
• Ensure that housing, if provided, complies with substantive federal and state safety and health standards;
• Ensure that each vehicle, if transportation is provided, meets applicable federal and state safety standards and insurance requirements and that each driver be properly licensed;
• Comply with the terms of any working arrangement made with the workers; and
• Make and keep payroll records for each employee for three years.

The protections do not apply to individuals who are independent contractors rather than employees. Agricultural workers can have more than one employer at the same time. Each "joint employer" is responsible for all employer obligations under the MSPA, but MSPA does not require the unnecessary duplication of effort. Thus, employer responsibility(ies) may be carried out by only one of the joint employers. However, the failure to provide the required protections will result in joint liability for all joint employers. Farm labor contractors are required to register with DOL.

COMPLIANCE ASSISTANCE MATERIALS

BASIC INFORMATION

• Employment Law Guide: Migrant and Seasonal Agricultural Worker Protection - Provides a summary of the Migrant and Seasonal Agricultural Worker Protection Act.
• Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Ineligibility List - A list of individuals who MAY NOT engage in any activity as a Farm Labor Contractor (FLC) or as a Farm Labor Contractor Employee (FLCE) as defined by the MSPA.

FACT SHEETS

• The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) - Provides general information about the MSPA.
• Joint Employment and Independent Contractors Under the MSPA - Provides employment-related protections to migrant and seasonal agricultural workers.
• Transportation under the MSPA - Provides general information regarding transportation under the MSPA.
• Visits to Employers - Provides general information about the laws enforced by the Wage and Hour Division.

POSTERS

• Bilingual English/Spanish Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Poster - Each farm labor contractor, agricultural employer, and agricultural association, which is subject to the MSPA and who employs any migrant or seasonal agricultural worker(s), is required to post this poster prepared by the Department of Labor, which explains the rights and protections for workers required under the MSPA.

RECORDKEEPING

• 29 CFR 500.80 - Agricultural employers, farm labor contractors (FLCs), and agricultural associations have recordkeeping and disclosure requirements under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

APPLICABLE LAWS AND REGULATIONS

• The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) - Requires farm labor contractors, agricultural employers, and agricultural associations who recruit, solicit, hire, employ, furnish, transport or house agricultural workers, as well as providers of migrant housing, to meet certain minimum requirements in their dealings with migrant and seasonal agricultural workers
• 29 CFR Part 500 - Regulations implementing the MSPA.

RELATED TOPICS AND LINKS

• Field Sanitation Standards under the Occupational Safety and Health Act - Provides basic information regarding field sanitation standards.
• Agricultural Employers under the Fair Labor Standards Act (FLSA) - Provides general information concerning the application of the FLSA to agricultural employment.
• Fact Sheet: Federal Child Labor Laws in Farm Jobs - Provides general information about the employment of youth in agriculture. (Español)
• Section H-2A of the Immigration Reform and Control Act - Provides general information concerning the application of the H-2A requirements to the agricultural industry.
• Migrant and Seasonal Farmworker Youth Program - Web site designed to meet the needs of at-risk and out-of-school farmworker youth through the provision of comprehensive services that will enhance basic education, occupational and, life skills.
• National Farmworker Jobs Program (NFJP) - Provides funding to help migrant and seasonal farmworkers and their families achieve economic self sufficiency by offering supportive services to them while they work in agriculture or by helping them to acquire new skills for jobs offering better pay.

DOL CONTACTS*

• Employment Standards Administration (ESA)
  Wage and Hour Division
  200 Constitution Avenue, NW
  Room S-3502
  Washington, DC 20210
  Contact WHD
  Tel: 1-866-4USWAGE (1-866-487-9243)
  TTY: 1-877-889-5627
  Local Offices

• For questions on other DOL laws,
  please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
  Tel: 1-866-4-USA-DOL
  TTY: 1-877-889-5627

*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.