Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
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.
Note: As of March 29, 2021, the Farm Labor Contractor and Farm Labor Contractor Employee Certificates of Registration have a new look. Learn more here: (PDF) (Spanish)
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 instructions and reference materials can be found online.
MSPA Registered Farm Labor Contractor Listing
This list contains the name and physical address of all current certificate holders, as well as the expiration date and the certificate number generated by the Wage and Hour Division. The list also indicates if the contractor has been authorized to house workers, to use vehicles to transport workers, or to drive such vehicles.
MSPA Registered Farm Labor Contractor Employee Listing
The list contains the name of all current certificate holders and the farm labor contractor whose name appears on each employee’s certificate, as well as the start date, expiration date, and the certificate number generated by the Wage and Hour Division. The list also indicates if the farm labor contractor employee has been authorized to drive vehicles used to transport migrant or seasonal agricultural workers.
General Guidance
- Employment Law Guide –Migrant and Seasonal Agricultural Worker Protection Act
- Cultivating Compliance: An Agricultural Guide to Federal Labor Law (English) (Spanish) (PDF)
- Cultivating Compliance: Your Next Steps as a Registered Farm Labor Contractor (FLC) (English) (Spanish) (PDF)
- Video: Cultivating Compliance - An Agricultural Guide to Federal Labor Law
- Workers’ Rights Card – Farm Workers
Fact Sheets
- Fact Sheet 35 - Independent Contractors and Joint Employment under MSPA
- Fact Sheet 49 – MSPA
Interpretive Guidance
- Administrator Interpretations Letters - Agriculture
- 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)
- Haitian Creole Version (PDF)
Applicable Laws and Regulations
- Law
- The Migrant and Seasonal Agricultural Worker Protection Act
- MSPA Regulations (29 C.F.R. §500)
- OSHA Housing Standards (29 C.F.R. §1910.142)
- ETA Housing Standards (20 C.F.R. § 654)
- Proposed Rule: Migrant and Seasonal Agricultural Worker Protection Act [03/18/1996]
- Final Rule: Migrant and Seasonal Agricultural Worker Protection Act [05/16/1996]
- Final Rule: Migrant and Seasonal Agricultural Worker Protection Act [03/12/1997]
Civil Money Penalty Inflation Adjustments
Starting in 2016, agencies across the federal government must adjust their penalties for inflation each year. Below is a table that reflects the adjustments that have occurred for penalties under this statute. For more information on the penalty adjustments, go here.
empty | Type of Violation | Statutory Citation | CFR Citation | Maximum Civil Monetary Penalty on or before 1/15/2024 | Maximum Civil Monetary Penalty on or after 1/16/2024 |
|---|
| A violation of the Act or any regulation under the Act. | 29 USC 1853(a)(1) | 29 CFR 500.1(e) | $2,951 | $3,047 |
