The Migrant and Seasonal Agricultural Worker Act and Wage Theft

The atrocities that occurred in the United States in relation to labor before the passing of the Fair Labor and Standards Act are hard to imagine. But as incredible as the passage of this landmark bill that continues to be the cornerstone of all employee rights laws was, there were still a number of elements and sects of workers that were left out and therefore had no real rights as workers.

One sect of workers that were often subject to inhumane work environments, on the job deaths and injuries, and wage theft or under payment were migrant and seasonal agricultural workers. They were not covered under the Fair Labor and Standards Act and therefore had no rights to legal retaliation against employers who abused them as workers or stole their wages.

In 1983, the Migrant and Seasonal Agricultural Worker Protection Act or MSPA passed. The act was designed to directly address the rights of these agricultural workers whose rights had previously been ignored by the justice system.

The Requirements for Employers Under the MSPA

After the passage of the MSPA, employers of migrant and seasonal workers in the agricultural field were expected to:

• Disclose the terms and conditions of employment to each worker in writing. This had to be done at the time of recruitment.

• Post information about the protections owned to each worker at the worksite.

• Pay each worker the wages owed to them in full and provide this with an itemized statement of earning and deductions.

• Ensure that work vehicles meet applicable federal and state safety and health standards.

• Comply with the terms of any working arrangement made with the workers

• Make and keep a detailed payroll record for each employee and keep it on file for three full years.

The MSPA can be directly sited now when wage theft occurs to agricultural workers.

To find out more about the MSPA, visit the website of the wage and overtime attorneys of Tycko & Zavareei, LLP.

James Witherspoon