Migrant and Seasonal Agricultural Worker Protection Act
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| Migrant and Seasonal Agricultural Worker Protection Act | |
|---|---|
 U.S. Government · Public domain · source | |
| Name | Migrant and Seasonal Agricultural Worker Protection Act |
| Enacted | 1983 |
| Enacted by | 98th United States Congress |
| Signed by | Ronald Reagan |
| Effective | 1983 |
| Citations | 29 U.S.C. § 1801 et seq. |
| Related legislation | Fair Labor Standards Act of 1938, Immigration Reform and Control Act of 1986, H-2A visa program |
Migrant and Seasonal Agricultural Worker Protection Act
The Migrant and Seasonal Agricultural Worker Protection Act provides statutory protections for certain agricultural laborers engaged in seasonal and migrant work. It establishes standards for employment agencys, labor contractors, and farm labor employers concerning disclosures, recordkeeping, transportation, and wage payment. The statute interacts with federal statutory schemes and administrative agencies including the United States Department of Labor, the National Labor Relations Board, and the United States Department of Justice.
Overview
The Act was enacted by the 98th United States Congress and signed into law by Ronald Reagan, aiming to address abuses highlighted by advocates such as United Farm Workers and commentators in reports by the Commission on Agricultural Workers. It covers hiring, housing, transportation, and payroll practices affecting migrant and seasonal workers in states including California, Florida, Texas, and Washington and territories like Puerto Rico. Enforcement guidance is issued by the Wage and Hour Division of the United States Department of Labor, while litigation frequently involves parties such as farm labor contractors and employers represented before the United States Court of Appeals for the Ninth Circuit and the United States Court of Appeals for the Fifth Circuit.
Key Provisions
The Act requires registration of labor contractors and mandates written disclosures similar to protections under the Wage and Hour Division statutes. It prescribes recordkeeping obligations paralleling provisions in the Fair Labor Standards Act of 1938 and sets standards for worker transportation and housing comparable to regulations enforced under the Occupational Safety and Health Act of 1970 when overlapping. The law prohibits specified fraudulent practices often litigated before the United States District Court for the Southern District of New York and provides civil remedies enforceable by private parties and the United States Department of Labor. It also addresses payment of wages and aligns with protections reflected in the H-2A visa program regulations administered by the Employment and Training Administration.
Enforcement and Compliance
Enforcement is carried out through investigations, civil penalties, and injunctive relief by the Wage and Hour Division and litigated in federal venues such as the United States District Court for the Eastern District of California and reviewed on appeal by circuit courts including the United States Court of Appeals for the Ninth Circuit. Administrative enforcement has involved coordination with the Office of Federal Contract Compliance Programs and the Civil Rights Division of the United States Department of Justice where discrimination claims intersect. Compliance assistance and outreach have been provided with partnerships involving United Farm Workers, Farm Labor Organizing Committee, and academic centers like the University of California, Berkeley School of Law and University of Florida extension programs. Enforcement actions have sometimes prompted rulemaking processes overseen by Congressional Committees on Education and Labor.
Historical Background and Legislative History
Legislative origins trace to debates in the 95th United States Congress through the 98th United States Congress where proponents cited findings from commissions like the U.S. Commission on Civil Rights and reports by advocacy organizations including American Civil Liberties Union and Human Rights Watch. Key sponsors and proponents in Congress included members of the House Committee on Education and Labor and the Senate Committee on Labor and Human Resources. Early enforcement regimes reflected precedents from cases decided by the Supreme Court of the United States, and the Act was shaped amid contemporaneous reforms such as the Immigration Reform and Control Act of 1986. Legislative history includes committee reports, hearings, and testimony from stakeholders including migrant farmworker leaders, agricultural associations like the American Farm Bureau Federation, and research institutions like the Economic Policy Institute.
Impact and Criticism
Scholars and advocates cite impacts on labor standards for migrant workers studied at institutions such as the Migration Policy Institute, Pew Research Center, and Brookings Institution. Impacts include expanded disclosure requirements and recordkeeping that have been credited with reducing certain abuses documented by the United Farm Workers and reporting by The New York Times and Los Angeles Times. Critics, including some representatives of the American Farm Bureau Federation and agricultural employers, argue compliance costs and enforcement unevenness impose burdens on small-scale operators in states like North Carolina and Georgia. Litigation outcomes in circuits such as the Fifth Circuit and the Ninth Circuit reflect ongoing debates over statutory scope, private right of action, and preemption with state laws, with commentaries appearing in law reviews from institutions like Harvard Law School and Yale Law School.
Related Regulations and Case Law
Key regulations intersecting with the statute include rules administered by the Wage and Hour Division, implementing guidance related to the H-2A visa program, and housing standards where overlap occurs with the Department of Housing and Urban Development. Significant judicial opinions interpreting the Act have been issued by the United States Supreme Court and multiple circuit courts, including precedents from the Fifth Circuit, Ninth Circuit, and the Eleventh Circuit. Notable cases and litigation often involve parties represented before the United States Court of Appeals for the D.C. Circuit and have been analyzed in decisions reported by the Federal Reporter. Administrative decisions by the Administrative Review Board also shape enforcement practice.