Farm Labor Contractors
A Farm Labor Contractor (FLC) or Farm Labor Contractor Employee (FLCE) is someone who receives compensation in return for providing any of the following services to migrant and/or seasonal agriculture workers:
- Furnishing – providing workers as needed or wanted
- Recruiting – the process of attracting or selecting someone for a job
- Employing – giving work to someone
- Soliciting – asking for or trying to obtain someone to work
- Hiring – employing someone to work for wages
- Transporting – driving workers to and from the field
- Housing – facility must comply with federal and state safety and health standards
Often times an FLC is known as a crew leader, supervisor, or crew boss. The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) requires an FLC or FLCE to obtain federal certificate of registration prior to performing any farm labor contracting activities. Before performing any labor contracting activity, an FLC and/or FLCE must be registered with the U.S. DOL and obtain a certificate of registration. In addition, your state may have additional labor law or FLC requirements.
A FLC using the H-2A program to source workers is called a H-2ALC and is required to be registered under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) and is obligated to meet all FLC requirements for both H-2A and all corresponding workers. In addition to meeting all FLC requirements, there are some specific requirements of H-2ALCs such as a surety bond and contract with farmer/grower. These additional requirements are covered in the FLC Guide below.
Farm Labor Contractor Guide
Complying with all laws and regulations is expected for all stakeholders involved in agriculture
production. This can become complicated when utilizing a Farm Labor Contractor (FLC) and
requires a good understanding of your obligations in this relationship.
Agricultural employers who use the services of a Farm Labor Contractor (or an employee of
them) are almost always in a situation of joint employment with the FLC in regards to the
employees.
Where a joint employment relationship exists, each of the employers must ensure that the
employee receives all employment legal rights, such as accurate and timely disclosure of the
terms and conditions of employment, complete wage statements, wage payments when due,
safe and adequate housing and transportation. Both parties may be held liable if either party
fails to comply with the law.
This handbook is designed to help you better understand:
- what is a Farm Labor Contractor and what is Farm Labor Contractor Employee?
- what are my obligations to the workers hired by an FLC?
- can I be liable for the FLCs actions or inaction?
