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DOL/ESA

RIN: 1215-AA93

Publication ID: Spring 1997

Title: Migrant and Seasonal Agricultural Worker Protection (29 CFR Part 500)
Abstract: The legislative history of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) indicates that the principles found in Hodgson v. Griffin and Brand, 471 F.2d 235, are to be followed in determining whether a joint employment relationship exists in the employment of migrant and seasonal farm workers in a given fact situation. The Department intends to publish an NPRM to solicit comments on a clarification of the regulations to more closely comport with the legislative history of MSPA and the principles found in Hodgson v. Griffin and Brand and also possible modifications to the procedures for MSPA hearings, seeking more timely decisions. In addition, Public Law 104-49 (November 15, 1995) amended MSPA's private right of action, transportation insurance requirements, and disclosure obligations to agricultural workers. Implementing regulations were published May 16, 1996 (61 FR 24858), for the revised transportation insurance requirements. The joint employer NPRM was published March 29, 1996 (61 FR 14035).
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 29 CFR 500
Legal Authority: 29 USC 1801 to 1872, as amended

Legal Deadline:

Action	Source	Description	Date
Final	Statutory		05/13/1996

Timetable:

Action	Date	FR Cite
Final Action	03/12/1997	62 FR 11734
Final Action Effective	04/11/1997

Child RIN List:

RIN	Title
1215-AB41	Joint Employment
1215-AB42	Worker's Compensation

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Included in the Regulatory Plan: No
Agency Contact: John R. Fraser Deputy Administrator (WHD) Department of Labor Employment Standards Administration Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone:202 693-0051 Fax:202 693-1432