Fact Sheet #35: Joint Employment and Independent Contractors Under the Migrant and Seasonal Agricultural Worker Protection Act

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) provides employment-related protections to migrant and seasonal agricultural workers. The protections do not apply to individuals who are independent contractors rather than employees.

Agricultural workers can have more than one employer at the same time. Each "joint employer" is responsible for all employer obligations under the MSPA, but MSPA does not require the unnecessary duplication of effort. Thus, employer responsibility(ies) may be carried out by only one of the joint employers. However, the failure to provide the required protections will result in joint liability for all joint employers.

This Fact Sheet provides answers to frequently asked questions concerning independent contractors and joint employers under MSPA. (January 2020)

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