Published May 1990. Facts and recommendations in this publication may no longer be valid. Please look for up-to-date information in the OSU Extension Catalog: http://extension.oregonstate.edu/catalo

Cordero, Johnny C.

Cross, Timothy L.

Oregon State University. Extension Service

Oregon. Employment Division

Seavert, Clark F.

Undetermined

ScholarsArchive@OSU

AgriculturalLaborInformation Migrant and Seasonal AgriculturalWorker Protection Act OREGONC. Seavert, T. Cross, and J. CorderoA Y 25 1990TATF lfpRrl.Purpose The purpose of the Migrant andSeasonal Agricultural Worker Protec-tion Act (MSPA) is to assure neces-sary protection for agriculturalworkers, employers, and associations.It establishes registration require-ments for farm labor contractors andoutlines standards for the hiring ofagricultural workers. MSPA (pro-nounced MIZ-PUH) is enforced bythe Employment Standards Admini-stration (ESA, pronounced EE-SUH).Who must These provisions are primarilycomply oriented to agricultural employers,including agricultural associationsand farm labor contractors thatemploy migrant and seasonal farm-workers.Registration Labor contractors must apply forof farm labor Farm Labor Contractor Certificationcontractors before engaging in contracting activ-ity. There is a separate applicationprocess for state and Federal registra-tion. If you fall under this category,you should refer to EC 1349, Agricul-tural Labor Information Farm LaborContractor Certification/Licensing, formore information.Required Agricultural employers who hirerecords migrant or seasonal farm workersmust keep the following records for3 years and provide an itemizedstatement to each employee for eachpay period: (1) basis on which wageswere paid (piece rate, hourly, etc.);(2) number of piece-work unitsearned, if paid on a piece-work basis;(3) number of hours worked; (4) totalpay period earnings; (5) specific sumsdeducted and the purpose for eachdeduction; and (6) net pay.4Information When recruiting for seasonal workers,to be the employer must provide the follow-provided ing information to workers uponrequest: (1) the place of employment;(2) the wage rates to be paid; (3) thecrops and kinds of activities in whichthe worker may be employed; (4) theperiod of employment; (5) whethertransportation, housing, or any otheremployment benefit is to be providedand any cost to be charged for each ofthem; (6) the existence of any strike orother concerted work stoppage orslowdown; and (7) the existence of anyarrangement whereby the employer orfarm labor contractor is to receive acommission or any benefit resultingfrom any sale of goods or services tothe worker.Posted Rights and protections: Agriculturalinformation employers who employ any migrantagricultural worker shall post andmaintain in a conspicuous place at theplace of employment a poster providedby ESA that sets out the rights and pro-tections for workers as required underthe act.Housing information: Agriculturalemployers who provide housing forany migrant agricultural worker mustpost in a conspicuous place at the siteof the housing, or present a writtenstatement to the worker, containing thefollowing information on the termsand conditions for occupying suchhousing: (1) the name and address ofthe employer providing the housing;(2) the name and address of the indi-vidual in charge of the housing; (3) theClark F. Seavert, Extension district agent, farm management,Timothy L. Cross, Extension agricultural economist, OregonState University, and Johnny C. Cordero I, agricultural laborspecialist, Oregon Employment Division, Department ofHuman Resources.OREGON STATE UNIVERSITY EXTENSION SERVICEOR l-JEO/E::.O . 4C:49 1:354;eavert, Liark f-M19rartt and seas or!aA9rlcui tural Jcr1.::erExtension Circular 1354 May 1990mailing address and phone numberwhere persons living in the housingfacility may be reached; (4) who maylive at the housing facility; (5) thecharges to be made for housing;(6) the meals to be provided and thecharges to be made for them; (7) thecharges for utilities; and (8) any othercharges or conditions of occupancy.Employers must display posters inboth Spanish and English. Theagencies listed below provide postersin both languages.Definitions Agricultural employer means anyperson who owns or operates a farm,ranch, processing establishment,cannery, gin, packing shed, or nurs-ery, or who produces or conditionsseed, and who either recruits, solicits,hires, employs, furnishes, or trans-ports any migrant or seasonal agri-cultural worker.Farm labor contractor means anypersonother than an agriculturalemployer, an agricultural association,or an employee of an agriculturalemployer or agricultural associa-tionwho, for any money or othervaluable consideration paid orpromised to be paid, performs anyfarm labor contracting activity.Farm labor contracting activitymeans recruiting, soliciting, hiring,employing, furnishing, or transport-ing any migrant or seasonal farmworker.Migrant worker means an individualwho is employed in agricultural laborof a seasonal or other temporaryExtension Service, Oregon State University, Corvallis, O.E. Smith,director. This publication was produced and distributed in further-ance of the Acts of Congress of May 8 and June 30, 1914. Extensionwork is a cooperative program of Oregon State University, the US.Department of Agriculture, and Oregon counties.Oregon State University Extension Service offers educationalprograms, activities, and materialswithout regard to race, color,national origin, sex, age, or disabilityas required by Title VI of theCivil Rights Act of 1964, Title IX of the Education Amendments of1972, and Section 504 of the Rehabilitation Act of 1973. Oregon StateUniversity Extension Service is an Equal Opportunity Employer.nature, and who is required to beabsent overnight from his or herpermanent place of residence.Seasonal farm worker means an in-dividual who is employed in agricul-tural labor of a seasonal or othertemporary nature and is not requiredto be absent overnight from his orher permanent place of residence.Agricultural labor means workrelated to planting, cultivating, orharvesting operations; or work incanning, packing, ginning, process-ing operations, or seed conditioningand related research; or work in re-forestation activities, Christmas treeharvesting, or nursery production.For more Posters may be obtained by contact-information ing:Oregon State EmploymentDivisionEmployment Service TechnicalSupport875 Union Street NESalem, OR 97311(503) 378-8122Additional information, posters, andMSPA brochures may be obtainedthrough:Employment StandardsAdministrationRoom 540, Federal Bldg.1220 SW Third AvenuePortland, OR 97204(503) 326-3057ES Pub 227(12/89)OtYMENT DIVISIONDEPARTMENT OF HUMAN RESOURCESThe mission of the Oregon Employment Division is to improve thequality of life of Oregonians by (1) providing qualified applicants foremployers; (2) assisting workers in finding suitable jobs; (3) providingunemployment insurance benefits to eligible dainiants; (4) supplyinglabor market information, and; (5) participating in the economicdevelopment of Oregon.

Migrant and Seasonal Agricultural Worker Protection Act

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Migrant and Seasonal Agricultural Worker Protection Act

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