U.S. Department of Labor 

Wage and Hour Division 

 (Revised July 2008) 

Fact Sheet #49: The Migrant and Seasonal Agricultural Worker Protection Act 

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. MSPA also requires farm labor contractors to register with the U.S. Department 

of Labor (DOL). 

Farm Labor Contractor Registration 

A Farm Labor Contractor (FLC) is someone who, for money or other valuable consideration paid or promised 

to be paid, recruits, solicits, hires, employs, furnishes or transports migrant and/or seasonal agricultural workers 

or, provides housing to migrant agricultural workers. Agricultural employers, agricultural associations and their 

employees are not included in the term. 

Before performing any farm labor contracting activity, a farm labor contractor must register with the U.S. 

Department of Labor (DOL) and obtain a certificate of registration. A farm labor contractor must be specifically 

authorized to provide housing or transportation to migrant or seasonal agricultural workers prior to providing 

the housing or transportation. Persons employed by farm labor contractors to perform farm labor contracting 

activities also must register with DOL. Application for registration can be made at local offices of the State 

Employment Service. 

Farm labor contractors and farm labor contractor employees who perform farm labor contractor activities must 

carry proof of registration and show it to workers, agricultural employers, agricultural associations, and any 

other person with whom they deal as contractors. 

Agricultural associations, agricultural employers, and their employees are not considered farm labor contractors 

and do not have to register. However, before they engage the services of any farm labor contractor, they must 

take reasonable steps to ensure that the contractor has a DOL certificate of registration valid for the services to 

be performed. To inquire about the validity of a certificate, call the Wage and Hour Division’s toll-free number 

1-866-4USWAGE (1-866-487-9243). 

Wages 

Agricultural associations, agricultural employers, and farm labor contractors must pay workers their wages 

when due, and give workers itemized, written statements of earnings for each pay period, including any amount 

deducted and the reasons for the deduction. 

Housing 

Each person or organization which owns or controls a facility or real property used for housing migrant workers 

must comply with federal and state safety and health standards. A written statement of the terms and conditions 

of occupancy must be posted at the housing site where it can be seen or be given to the workers. 

Transportation

Agricultural associations, agricultural employers, and farm labor contractors must assure that vehicles used or 

caused to be used by a farm labor contractor, agricultural employer, or agricultural association to transport 

workers are properly insured, are operated by licensed drivers, and meet federal and state safety standards. 
Disclosure 

Agricultural associations, agricultural employers, and farm labor contractors must inform migrant and seasonal 

agricultural workers about prospective employment, including the work to be performed, wages to be paid, the 

period of employment, whether state workers’ compensation or state unemployment insurance will be provided. 

Agricultural associations, agricultural employers, and farm labor contractors must provide required information 

to seasonal workers when they are offered work, in writing if requested; and to migrant workers and seasonal 

day haul workers in writing when they are being recruited. Workers compensation information, however, must 

be provided in writing to any type of worker. Information must be written in English, Spanish or other language 

common to the workers, as appropriate. Once hired, migrant and seasonal workers have a right to receive upon 

request a written statement of such information. 

Agricultural associations, agricultural employers, and farm labor contractors must display a poster where it can 

be seen at the job site which sets forth the rights and protections of the workers (posters are available from the 

Wage and Hour Division). 

Recordkeeping 

Agricultural associations, agricultural employers, and farm labor contractors must keep complete and accurate 

payroll records for all workers; in addition, farm labor contractors must give any other farm labor contractor, 

agricultural employer, or agricultural association to whom they supply workers, copies of payroll records for 

each worker supplied to that particular contractor, employer, or association. 

Other Provisions 

Farm labor contractors must comply with the terms of written agreements made with agricultural employers and 

agricultural associations. 

Exemptions 

Certain persons and organizations, such as small businesses, some seed and tobacco operations, labor unions, 

and their employees, are exempt from the Act. 

Enforcement 

The Wage and Hour Division of the U.S. Department of Labor administers MSPA. During investigations, Wage 

and Hour investigators may enter and inspect premises (including vehicles and housing), review and transcribe 

payroll records, and interview workers to determine compliance with MSPA. Investigators may advise violators 

to make changes necessary to achieve compliance. 

Administrative actions under MSPA include penalties of up to $1,000 per violation and, in the case of farm 

labor contractors, revocation or suspension of existing certificates and denial of future certificates of 

registration. Failure to comply with MSPA may result in civil or criminal prosecution. To insure compliance 

with MSPA, the Secretary of Labor may seek court injunctions prohibiting further violations and may bring 

criminal charges. Courts may assess fines of up to $10,000 and prison terms of up to three years in criminal 

cases. 

In addition to the above remedies, individuals whose rights under MSPA have been violated may file suit 

directly in federal court for damages. 

Where to Obtain Additional Information 

To register as a farm labor contractor, contact either the nearest office of State Employment Services, listed in 

most telephone directories under State government, or the nearest office of the Wage and Hour Division, listed 

under U.S. Government, Labor Department. 
For more complete information regarding MSPA and related topics such as joint employment or the Fair 

Labor Standards Act (FLSA) minimum wage, overtime, and youth employment provisions, visit our 

Wage-Hour web site: www.wagehour.dol.gov and/or call our Wage-Hour toll-free help line, available 8 

a.m. to 5 p.m. in your time zone, at 1-866-4US-WAGE (1-866-487-9243). 

The MSPA statute appears at 29 U.S.C. §1801 et seq. The federal regulations implementing MSPA appear in 29 

CFR Part 500. 

This publication is for general information and is not to be considered in the same light as official statements of 

position contained in the regulations. 

U.S. Department of Labor

Frances Perkins Building 

200 Constitution Avenue, NW 

Washington, DC 20210 

1-866-4-USWAGE

 TTY: 1-866-487-9243

Contact Us