Finally. the MSPA eliminates the vague and ambiguous language which has lead to so much litigation under FLCRA. The format of FLCRA begins by broadly describing activities in which many who are obviously not crew leaders frequently engage. then narrowing the scope by a series of exclusions until supposedly only crew leaders remain. In theory such a drafting plan can be made to work. but here the combined effect of the format. vague definitions. and vague qualifications within exclusions have provided the legalistic rationale for a subversion of Congress clear intention that farmers. and other agricultural producers as well as migrant and seasonal farmworkers be protected from unscrupulous crew leaders. In summary. the Migrant and Seasonal Agricultural Worker Protection Act would abolish the unclear and ofttimes confusing language of the Farm Labor Contractor Registration Act. It would continue to provide and even expand protections for migrant and local seasonal farm workers. It would remove certain unnecessary and burdensome requirements upon agricultural employers and agricultural associations. and will clarify language and criminal penalties and court awards as well. Thus. this act will serve the interests of both employers and workers alike.
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migrant Migrant