Need Farm Laborers? Consider the Farm Labor Contractor Certificate
The Farm Labor Contractor (FLC) registration process allows qualified farm entities or farm recruiting entities to obtain a certificate to employ migrant farmworkers. Under the federal Migrant and Seasonal Agricultural Worker Protection Act (MSPA), every entity or sole proprietorship (with very limited exceptions) seeking to recruit, solicit, hire, employ, furnish, or transport temporary, migrant workers must have an FLC Certificate of Registration prior to engaging in those activities.
Employees working for an FLC and who are involved in the hiring, soliciting, transporting, furnishing, or recruiting of those migrant workers must also have their own Farm Labor Contractor Employee (FLCE) Certificate of Registration. Again, there are very limited exceptions to this requirement.
Proper planning is key to a successful FLC/FLCE application. The license review process with the FLC office (located in California) is currently 16-20 weeks for initial applications. Additionally, the application preparation process will take several weeks to obtain and complete the following documents:
Fingerprint Card, FD-258.
Doctor’s Certificate, WH-515 (for FLCE applicants transporting migrant workers).
Proof of Automobile Insurance (if transporting migrant workers).
Workers’ Compensation Information or Certificate of Workers’ Compensation Insurance.
Copy of Driver’s License.
Housing Occupancy Certificate (if housing migrant workers).
Vehicle Inspection and Maintenance, Form WH-51a (if transporting migrant workers).
FLC Application, Form WH-530.
FLCE Application, Form WH-535.
The FLC and FLCE Certificates of Registration are good for one year and may be renewed. After receiving the FLC certificate and FLCE certificate, then the business and its employees can recruit, solicit, hire, employ, furnish, or transport migrant workers. In so doing, the following rules apply:
Disclosures on Employment Terms during Recruitment, Offering Employment, and on Job Site.
Prompt Wage Payment; No Requirement to Purchase Goods from the Employer.
Posted Housing Certification.
Payroll Statements Contain Necessary Information.
Compliance with Field Sanitation Standards.
If you are interested in the FLC/FLCE licensing process, Woods, Fuller, Schultz & Smith P.C. can assist. Our FLC attorneys will schedule an initial consultation to discuss the FLC/FLCE licensing process in more detail, determine if you or your company fall under any of the limited exceptions to the program, and if not, discuss how you would like to proceed. Please request an initial consultation with attorneys Amanda Bahena or Nicole Tupman for further information.
By: Amanda Bahena and Nicole Tupman