What to Check Before You Hire a Farm Labor Contractor in California

When harvest or pruning is two weeks out and you’re short-handed, it’s tempting to take the first crew someone offers. But in California, the labor contractor you choose can become your problem. State law lets workers hold a grower responsible for a contractor’s unpaid wages and missing workers’ compensation coverage, and federal law can treat a grower as a joint employer in some situations.

A good contractor makes all of this easy to check. Here is what to verify before anyone sets foot on your ranch.

1. A current California farm labor contractor license

Anyone who recruits, supplies, or employs farm workers for a fee in California must be licensed by the Labor Commissioner. To get licensed, a contractor passes a written exam on labor law and safety, submits fingerprints, posts a surety bond, and proves workers’ compensation coverage. The license has to be renewed every license period.

Ask for a copy of the license and check it against the Labor Commissioner’s public license lookup. Make sure the name on the license matches the company you’re signing with.

2. A federal FLC certificate of registration

The federal Migrant and Seasonal Agricultural Worker Protection Act (MSPA) requires farm labor contractors to register with the U.S. Department of Labor. The certificate lists the activities the contractor is authorized for, such as housing or transporting workers. If your job involves either, check that the certificate covers it.

MSPA also expects a grower to take reasonable steps to confirm a contractor holds a valid certificate before using their crews. Keep a copy in your files.

3. County Agricultural Commissioner registration

Farm labor contractors must also register with the Agricultural Commissioner in every county where they work. It’s how pesticide safety information reaches their crews. A contractor working your Kern County blocks should be registered in Kern County.

4. Workers’ compensation insurance

Ask for a certificate of insurance showing active workers’ comp coverage for the contractor’s employees. If coverage lapses and a worker is hurt on your ranch, you don’t want to find out afterward. Ask for an updated certificate each time the policy renews.

5. The surety bond

California requires every farm labor contractor to keep a surety bond on file with the Labor Commissioner. The required amount scales with the contractor’s annual payroll, and the bond exists to pay workers if the contractor breaks wage laws. Ask for confirmation that it’s current.

6. A written contract

California Labor Code §2810 requires farm labor contracts to be in writing, and it makes it unlawful to sign a contract you know, or should know, doesn’t include enough money for the contractor to follow the law. A proper contract spells out the work, the location, the number of workers, the rates, and the contractor’s workers’ compensation policy.

If a bid comes in far below what the work should cost under California minimum wage and overtime rules, treat it as a warning, not a bargain.

7. Payroll practices you can see

Ask how the contractor pays: hourly or piece rate, how often, and whether piece-rate workers are paid separately for rest and recovery periods. Ask whether their pay stubs list your name and address as the grower, which California requires on farm labor contractor wage statements. A contractor who pays correctly will be glad to walk you through it.

8. Written safety plans

Every California employer needs a written Injury and Illness Prevention Program, and outdoor employers need a written heat illness prevention plan. Ask to see both, and ask how the contractor handles pesticide safety training and restricted-entry intervals on your blocks.

Why this matters: joint liability

Labor Code §2810.3 makes a business that uses a labor contractor share civil liability for that contractor’s unpaid wages and for any failure to carry workers’ compensation. It generally applies to businesses with 25 or more workers, counting contracted workers, that use more than five workers from a labor contractor. Checking these eight items won’t change the law, but it lowers the odds you’ll ever feel it.

How we handle it

At Morfin Farm Labor Contracting, every grower receives a compliance packet before the first crew day: copies of our state license, federal certificate, and county registration, our workers’ comp certificate and bond confirmation, our safety plans, and a written contract that meets Labor Code §2810. See our full compliance standards or request a crew.