Wage and Hour Division (WHD)

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Migrant and Seasonal Agricultural Worker Protection Act (MSPA)

Overview

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures and recordkeeping. The MSPA also requires farm labor contractors to register with the U.S. Department of Labor (DOL). For more general information on the MSPA, please see the Employment Law Guide or Fact Sheet 49.

Farm Labor Contractor Registration

In order to legally operate as farm labor contractors, individuals and companies must register with the U.S. Department of Labor. There are special registration requirements for farm labor contractors that intend to house, transport, or drive a migrant or seasonal agricultural worker. Application materials and instructions can be found online.

MSPA Ineligible Contractors

DOL maintains a list of individuals or corporations whose authorization to operate as a farm labor contractor has been revoked. To determine whether a contractor has been declared ineligible by Wage Hour, please see the list of ineligible contractors.

General Guidance

• Employment Law Guide –Migrant and Seasonal Agricultural Worker Protection Act
• Workers’ Rights Card – Farm Workers
  • Spanish Version (PDF)
• Workers' Rights Card- Reforestation
  • Spanish Version (PDF)
• Agricultural Employer’s Pocket Guide on Youth Employment
  • Spanish Version (PDF)

Fact Sheets

• Fact Sheet 35 - Independent Contractors and Joint Employment under MSPA
• Fact Sheet 49 – MSPA
• Spanish Version (PDF)
• Fact Sheet 50 - MSPA Transportation
• Spanish Version (PDF)

Interpretive Guidance

• Advisory Memorandum 2006-1 – MSPA Vehicle Safety Standards

Posters

• MSPA Poster
  • English/Spanish
  • English/Haitian Creole
  • English/Vietnamese (PDF)
  • English/Hmong (PDF)

Forms

• WH-501 – Wage Statement
  • Spanish Version (PDF)
• WH-514 – MSPA Vehicle Inspection Report/ DOT Safety Standards
• WH-514a – MSPA Vehicle Inspection Report/ DOL Safety Standards
• WH-515 – Doctor's Certificate
• WH-516 – Terms & Conditions
  • Spanish Version (PDF)
• WH-521a – Housing Terms & Conditions
  • English/Spanish (PDF)
• WH-530 – FLC Registration Application

Applicable Laws and Regulations

• Law
  • The Migrant and Seasonal Agricultural Worker Protection Act
• Regulations
  • MSPA Regulations (29 C.F.R. §500)
  • OSHA Housing Standards (29 C.F.R. §1910.142)
  • ETA Housing Standards (20 C.F.R. § 654)
• Federal Register
  • Preamble to MSPA Regulations 29 C.F.R. § 500
  • Proposed Rule: Migrant and Seasonal Agricultural Worker Protection Act [03/18/1996]
  • Final Rules: Migrant and Seasonal Agricultural Worker Protection Act [03/12/1997]
  • Final Rule: Migrant and Seasonal Agricultural Worker Protection Act [05/16/1996]