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Registration Requirement Under The Migrant and Seasonal Agricultural
Worker Protection Act (MSPA)
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) covers
such things as safety and health standards for migrant worker housing, transportation
safety, disclosing the terms and conditions of employment to migrant and
seasonal agricultural workers, properly paying covered workers, and making
and keeping accurate payroll records. Generally, the MSPA applies to any
person (or business) who recruits, solicits, hires, employs, furnishes,
or transports migrant or seasonal agricultural workers (the MSPA refers
to these activities as "farm labor contracting activities").
Under the MSPA, migrant agricultural workers are those employed in agricultural
work of a seasonal or temporary nature who cannot return to their permanent
residence at night because of the distance involved. Seasonal agricultural
workers also are employed in agricultural work of a seasonal or temporary
nature, but who are able to return to their permanent residence at night.
Before performing any "farm labor contracting activities," farm labor contractors
are required to apply to the U.S. Department of Labor for a Certificate
of Registration authorizing the applicant to engage in "farm labor contracting
activities." Persons employed by farm labor contractors (farm labor contractor
employees) to perform such activities on behalf of the contractor are also
required to register with the Department. Application for a Certificate
of Registration is made by completing and submitting the required application
form (Form WH-530). Form WH-530 can be obtained electronically from this
site or by contacting the nearest office of the Wage and Hour Division.
The form can also be obtained from any local office of the state workforce
agency or employment service.
Certain persons and organizations, such as small businesses meeting the
exemption criteria of 29 U.S.C. § 213(a)(6)(A), are exempt from
the Act and are not required to register as farm labor contractors. In addition,
establishments meeting the MSPA definition of an "agricultural association"
or "agricultural employer," are not required to register as a farm labor
contractor. Contact the Wage and Hour Division at 1-866-4US-WAGE (1-866-487-9243),
TTY: 1-877-889-5627, if you have any questions as to whether you must register
with the U.S. Department of Labor as a farm labor contractor. An instructional
and information guide for completing Form WH-530 is attached.
IMPORTANT: Submitting the application form does not authorize you
to engage in farm labor contracting activities. If the application is approved,
you will be issued either a Farm Labor Contractor (FLC) or a Farm Labor
Contractor Employee (FLCE) Certificate of Registration, at which time you
may begin to engage in the authorized activities.
In addition, depending upon the specific activities you are seeking authorization
for (i.e., housing, transporting, or driving covered workers) you
may have to submit additional forms/documentation with your application.
This additional documentation may consist of one or more of the forms listed
below:
- Fingerprint Card, FD-258
- Copy of Alien Registration Card
- Copy of Driver’s License
- Doctor's Certificate, WH-515
- Vehicle Mechanical Inspection Report for Transportation Subject to Department
of Transportation Requirement, WH-514
- Vehicle Mechanical Inspection Report for Transportation Subject to Department
of Labor Requirement, WH-514a
- Proof of Automobile Liability Insurance
- Workers' Compensation Information or Certificate of Workers' Compensation
Insurance
- Insurance Cancellation Agreement under MSPA
- Housing Occupancy Certificate
Contact the nearest office of the Wage and Hour Division (http://www.dol.gov/esa/contacts/whd/america2.htm)
to obtain the forms listed above or if you have questions regarding the
necessary documentation.
The Wage and Hour Division of the U.S. Department of Labor's Employment
Standards Administration administers and enforces the MSPA. For more information
contact either the nearest office of State Workforce Agency (or State Employment
Service), listed in most telephone directories under State Government, or
the Wage and Hour Division at 1-866-4US-WAGE (1-866-487-9243), TTY: 1-877-889-5627.
The federal regulations implementing MSPA appear in 29 C.F.R. Part 500.
- WH-530
OMB Control No. 1215-0037, Expires 08/31/2009.
Persons are not required to respond to the collection of information
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Please provide as much of the requested information as possible. Attach
additional sheets if you need additional space to respond to a question.
If you do not understand a term, or need assistance in the completion
of this form, please contact the Wage and Hour Division of the U.S. Department
of Labor. After you submit the form, a representative from the Department
of Labor may contact you if further information is necessary to initiate
an investigation.
Submission of Application
If the applicant’s permanent place of residence is in Alaska, Arizona,
American Samoa, California, Guam, Hawaii, Idaho, Nevada, Oregon, or Washington,
the application should be sent to:
U.S. Department of Labor
Employment Standards Administration
Wage Hour Division
National Certificate Team
90 Seventh Street Suite 13-100
San Francisco, CA 94103
If the applicant’s permanent place of residence is anywhere else
in the country, then the application should be sent to:
U.S. Department of Labor
Employment Standards Administration
Wage Hour Division
National Certificate Team
P O Drawer 56447
Atlanta, GA 30343
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