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The Migrant and Seasonal Agricultural Worker Protection Act

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The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) is a federal law that provides a series of protections for migrant, seasonal and agricultural workers. To accomplish this end, the MSPA establishes a series of guidelines for employers. Specifically, the MSPA provides important rules in a number of categories, including wages, housing, transportation, disclosure and recordkeeping.

How Does the MSPA Address Wages?

The MSPA requires any organization that employs migrant, seasonal or agricultural workers to adhere to certain wage standards. Specifically, these employers must:

  • Pay wages by the established due date;
  • Provide itemized earnings statements in writing; and
  • List amounts of and reasons for any deductions.

How Does the MSPA Address Housing?

The MSPA requires any organization that provides housing for migrant, seasonal or agricultural workers to adhere to certain housing standards. Specifically, these employers must:

  • Comply with state and federal regulations for health and safety; and
  • Post a written breakdown of housing terms in a conspicuous location.

How Does the MSPA Address Transportation?

The MSPA requires any organization that provides transportation to migrant, seasonal or agricultural workers to adhere to certain transportation standards. Specifically, these employers must:

  • Comply with state and federal regulations for safe transportation;
  • Use vehicles with adequate liability insurance; and
  • Employ drivers with valid licenses.

How Does the MSPA Address Disclosure?

The MSPA requires any organization that employs migrant, seasonal or agricultural workers to make certain required disclosures. Specifically, these employers must disclose the:

  • Nature of the work to be performed;
  • Amount of wages to be paid for the work;
  • Duration of the work to be performed; and
  • Availability of workers’ compensation or unemployment insurance.

Additionally, any organization that employs migrant, seasonal or agricultural workers has certain obligations regarding the disclosure of state-sponsored workers’ compensation programs. Such employers must provide all applicable information in writing – in English, Spanish or another common language – to all migrant, seasonal or agricultural workers.

After work begins, migrant, seasonal or agricultural workers can request a written account of all workers’ compensation benefits. Finally, employers must display a poster with required workers’ compensation information in a conspicuous location in the workplace.

How Does the MSPA Address Recordkeeping?

The MSPA requires any organization that employs migrant, seasonal or agricultural workers to adhere to certain recordkeeping standards. Specifically, these employers must:

  • Maintain complete and accurate records for all workers; and
  • Retain complete and accurate payroll data for all workers.

Are There Exemptions to MSPA Requirements?

The MSPA does not apply to all employers. Certain small businesses, seed and tobacco organizations and labor unions are exempt from MSPA requirements. If such organizations employ migrant, seasonal or agricultural workers, they adhere to a different set of regulations.

Let Us Help You Today

If you have any questions or concerns about the MSPA, do not hesitate to contact Penichet Law in Miami for assistance in Florida or any other state.