AG Labor Contractor License Requirements
Contractors who recruit and hire workers to perform farm labor cannot pay the workers without obtaining a license. State laws control the contractor's practices to ensure that contractors make legitimate hires and pay workers. The license shows a farm owner or grower that the state approved the farm labor contracting.
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Farm Labor Contractors
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A farm labor contractor finds and hires farm workers. Farmers and producers use the FLC's services to staff positions for farming, processing and handling. State laws require the FLCs to always have a license. Each employee who recruits and hires for the contractor also needs a license.
License
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A license gives the FLC proof of state approval. A contractor gets a license by taking an exam that tests his knowledge and proficiencies. On the face, the license shows the contractor's name and address, a license number and the license issuance and expiration dates. A license lasts for a year.
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Duties
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The FLC has to carry the license during all contracting work and show it when asked. Farm owners receive a copy of the license to keep as proof that the state approved the contractor hiring the farm's workers. Responsible for the workers he brought into a farming enterprise, an FLC pays the agreed amounts to the workers he hired. In keeping the worker employed, the contractor follows all contract terms.
Exceptions
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Not all contractors for farm labor have to have a license. States make exceptions for certain types of work and organizations. California does not require a license from a packing house that harvests and produces citrus fruits and soft fruits. Nonprofit corporations might not fall under your state's law.
Federal Certificate
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If an FLC hires seasonal or migrant workers, he needs both the sate license and a federal certificate. A Certificate of Registration Authorization authorizes hiring workers and providing housing. An FLC needs to carry the federal certificate in addition to the state license. Employees carry a Farm Labor Contractor Employee Certificate of Authorization that displays the contractor's name. Registered FLCs take responsibility for any violations of the Migrant and Seasonal Agricultural Worker Protection Act committed by an employee. Certificate holders can renew the certificate for 12 months, or for 12 to 24 months if the contractor and his employees have not committed any violations in the last five years.
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References
Resources
- Photo Credit Image by Flickr.com, courtesy of National Institute for Occupational Safety and Health (NIOSH)
