Employee Protections

29 CFR 500.80(a) requires keeping the following records “including the name, permanent address, and Social Security number” for each employee, “the basis on which wages, are paid”, “the number of piecework units earned, if paid on a piecework basis”, “the number of hours worked”, “the total pay period earnings”, “the specific sums withheld and the purpose of each sum withheld”, and “the net pay”. The Fair Labor Standards Act already requires all of this and more.

29 CFR 500.80(d) requires pay information be provided at the time of payment. While not required by the Fair Labor Standards Act, this is already required in at least 41 states.

29 CFR 500.81 requires paying workers “every 2 weeks (or semi-monthly)”. This is already a requirement for this type of work in at least 37 states.

29 CFR 500.105(b)(1)(ii) sets the minimum physical requirements for anyone driving a motor vehicle used to transport migrant agricultural workers. Department of Transportation (DOT) regulations (49 CFR 391.41) require an equal or higher standard of fitness for all operators of commercial vehicles. DOT regulations (49 CFR 391.43) also require medical examination and certification at a higher frequency (1 or 2 years, instead of 3) than the MSPA.

29 CFR 500.120 through 128 requires vehicle liability and workers compensation insurance. Pre-season and pre-use VIPR inspections already check for the presence of workers compensation and vehicle insurance coverage. For a 2-4 person engine crew, there is nothing in the MSPA that would require additional insurance not already specified by various federal and state laws, or contractually obligated by the VIPR agreements.

In addition to protections provided by these laws and regulations, firefighters working for wildland fire contractors also receive protections provided by the Service Contract Act, which guarantees firefighters at least $28.73 per hour, as well as Executive Order 13706, which guarantees firefighters a health and welfare benefit of $4.93 per hour for the first 40 hours; 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year; 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 10 years, and 4 weeks after 15 years; and a minimum of eleven paid holidays per year. For more details, click the button below and download the current Water Handling template. This information may be found in EXHIBIT D of that document.