“The definition of employment includes common employment principles, which are applicable under the Fair Labor Standards Act. The concept of common employment refers to a condition in which a person is legally regarded as a worker of two or more persons at the same time. Any person who alleges a violation of the MSPA or the regulations by an agricultural contractor or agricultural employer or any other person (including the owner or the person controlling the construction of housing) may bring an action before the Bundesbezirksgericht. If it is established that the defendant violated the MSPA without bodily harm or death, any plaintiff may be awarded actual damages or legal damages of up to US$500 per violation. If the injury to the MSPA is the cause of death or assault and there is coverage of workers` compensation and applicability, the worker may, under the Workers` Compensation Act, bring an action for damages under the MSPA and appropriate compensation. Legal liability for most offences is 500 $US per offence. However, in amendments passed in 1995, Congress authorized the possibility of up to $10,000 for certain violations of the MSPA`s transportation safety rules. Whether does the employer/agricultural association assume responsibilities towards the worker(s) usually performed by the employers, such as.B. preparation/preparation of pay slips; preparation/issuance of pay cheques; payment of FICA fees; the provision of workers` compensation insurance; provision of sanitation, shelter or on-site transportation; or the provision of tools and equipment or materials necessary for the work. Local workers. Storage and sorting house workers, who do not do field work and return to their homes or permanent homes every night, are not covered by the MSPA until they are day relatives. The first day of transportation and hiring of a worker makes him a seasonal worker and is therefore subject to the requirements of the MSPA.

MSPA requires employers to disclose a large number of terms and conditions of employment to migrant and seasonal workers. The obligation of advertising is greater for employers with migrant workers. All disclosures must be made in the language understood by the workers. The U.S. Department of Labor (DOL) has disclosure forms in English, Spanish, and Haitian Creole. Employees must also provide workers with a written declaration of disclosure, regardless of the type of worker. Anyone using and transporting an FLC must closely check that all transport vehicles to be used are listed on the driver`s licence. The transport authorization also has its own expiration date and usually differs from that of the license itself….