and Seasonal Agricultural Worker Protection Act (MSPA)
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
- 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.
- 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).
- 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.
- Employment Standards Administration (ESA)
Wage and Hour Division
200 Constitution Avenue, NW
Washington, DC 20210
Tel: 1-866-4USWAGE (1-866-487-9243)
- 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.
*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.