Migrant and Seasonal Agricultural Workers Protection Act (MSPA)

Scope

The MSPA requires that farm labor contractors, agricultural employers, agricultural associations, and providers of migrant housing who recruit, solicit, hire, employ, furnish, transport, or house agricultural workers meet certain minimum requirements in their dealings with migrant and seasonal agricultural workers.

Regulatory citations

• None

Key definitions

• None

Summary of requirements

Farm labor contractor registration. Farm labor contractors (and any employee who performs farm labor contracting functions) must register with the U.S. Department of Labor (DOL) before recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker. Agricultural employers and associations (and their employees) need not register as farm labor contractors. An agricultural employer or association using the services of a farm labor contractor must first verify the registration status of the farm labor contractor, including that the contractor is properly authorized for all activities the contractor will undertake. A toll-free number ((800) 800-0235) is available to verify registration status.

Employment relationship. Under certain circumstances, an agricultural employer or association who utilizes the services of a farm labor contractor may be determined to be a joint employer of the agricultural workers furnished by the farm labor contractor. In joint employment situations, the agricultural employer or association is equally responsible with the farm labor contractor for compliance with employment-related MSPA obligations, such as the proper payment of wages.

Disclosure. Each migrant and seasonal day-haul worker must be given a written disclosure at the time of recruitment containing the terms and conditions of employment. All seasonal workers must be provided such disclosure upon request when offered employment. The disclosure must be in the language of the worker. The employer must also post a poster in a conspicuous place at the job site setting out the rights and protections afforded workers by MSPA. A housing provider must post or present to each worker a statement of the terms and conditions of occupancy.

Information and recordkeeping. Each farm labor contractor, agricultural employer, or association who employs any agricultural worker must make payroll records for each worker containing the basis on which wages were paid, the number of piecework units earned, number of hours worked, total pay for each pay period, amount and reason for any deductions, and the net pay. Each worker must be provided with this itemized statement and these records must be kept and preserved by the employer for three years.

If a farm labor contractor is performing the payroll function, the contractor must provide a copy of the pay records to the person to whom the workers are furnished (e.g., agricultural employer or association), and that person must keep the records for three years. No farm labor contractor, agricultural employer, or association may knowingly provide false or misleading information to a worker concerning employment or the terms and conditions of employment.

Wages, supplies, and working arrangements. Each person employing agricultural workers must pay all wages owed when due. Farm labor contractors, agricultural employers, and associations are prohibited from requiring workers to purchase goods or services solely from such contractor, employer or association, or any person acting as an agent for such a person. In addition, no farm labor contractor, agricultural employer, or association may violate the terms of the working arrangement without adequate justification.

Safety and health of housing. Each person who owns or controls migrant housing is responsible for ensuring that the facility complies with the substantive federal and state safety and health standards covering that housing. Migrant housing may not be occupied until it has been inspected and certified to meet applicable safety and health standards. The certification of occupancy must be posted at the site.

Transportation safety. Each vehicle used, or caused to be used, to transport agricultural workers must be properly insured, operated by a properly licensed driver, and meet federal and state safety standards.

Employer protections. Farm labor contractors must comply with the terms of any written agreement they enter into with an agricultural employer or association.

Enforcement. The Wage and Hour Division of the U.S. DOL enforces MSPA. During a MSPA investigation, Wage and Hour investigators may enter and inspect premises (including vehicles and housing), review and transcribe payroll and other records, and interview employers and employees.

Penalties. Violations of MSPA may result in civil money penalties, back wage assessments, and revocations of certificates of registration. Violations may also result in civil or criminal actions instituted by the Department against any person found in violation of the Act. Civil money penalties up to $1,000 may be assessed for each violation. Criminal conviction for first time violators may result in one year in prison and a $1,000 fine; repeat convictions can result in up to three years in prison and $10,000 in fines. In addition, individuals whose MSPA rights have been violated may seek civil money damages in Federal court.

Relation to other laws. MSPA supplements any state or local law. Compliance with MSPA does not excuse violation of applicable state law or regulation.