Migrant and Seasonal Worker Supplement

1. Employment of Eligible Workers

This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) as implemented in 29 United States Code (U.S.C) Chapter 20 §1801-1872, the United States (U.S.) Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500, and the Immigration and Nationality Act (INA) as implemented by 8 CFR Part 274A. Compliance with both MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law. The Contractor is responsible for following all requirements implemented in statute and by the DOL to include, but not limited to:
a. 29 U.S.C. Chapter 20 § 1801 - 1872: Migrant and Seasonal Agricultural Worker Protection
b. 29 CFR Part 500: Migrant and Seasonal Agricultural Worker Protection c. 8 CFR Part 274a: Control of Employment of Aliens
d. Department of Labor Information on Migrant and Seasonal Agricultural Worker Protection Act
e. Fact Sheet #12: Agricultural Employers Under the Fair Labor Standards Act f. Fact Sheet #35: Independent Contractors and Joint Employment under MSPA g. Fact Sheet #49: The Migrant and Seasonal Agricultural Worker Protection Act h. Fact Sheet #50: Transportation under the Migrant and Seasonal Agricultural Worker Protection Act
i. Fact Sheet #63: Application of Federal Labor Laws to Reforestation j. Fact Sheet #63A: Application of Federal Labor Laws to Pine Straw k. Fact Sheet #77C: Prohibiting Retaliation Under the Migrant and Seasonal Agricultural Worker Protection Act
l. Fact Sheet #78: General Requirements for Employers Participating in the H-2B Program m. Occupational Safety and Health Administration (OSHA) Standard 1910.142: Temporary Labor Camps

2. Definitions

a. H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the U.S. to perform temporary labor or services. A worker with an H-2B visa (H-2B worker) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed. b. Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals, who may be U.S. citizens or H-2B workers, employed for agricultural (including forestry) work on a seasonal or temporary basis, which includes: