How we keep every crew compliant

Licensing and registration

A farm labor contractor in California needs far more than a business license. Here is what's required of us, and how you can check any contractor yourself.

• California farm labor contractor licenseIssued by the Labor Commissioner after a written exam, fingerprinting, and proof of a surety bond and workers' compensation coverage. We renew it on schedule, every license period.
• Federal certificate of registrationRequired under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) and issued by the U.S. Department of Labor's Wage and Hour Division.
• County Agricultural Commissioner registrationWe register in each county where we send crews, anywhere in California, so pesticide and field safety information reaches our workers.
• Surety bondPosted with the Labor Commissioner and sized to our annual payroll, as Labor Code §1684 requires.
• Continuing educationEvery license period we complete at least nine hours of approved farm labor contractor education on labor law, safety, and harassment prevention.
• License on handCopies of our state license and federal certificate travel with every crew, ready to show on request.

Pay practices

Correct pay protects workers first and growers second. These rules apply to every crew, hourly or piece rate.

• Minimum wage or betterEvery hour worked pays at least the California minimum wage, or a higher local rate where one applies. That includes workers paid by the piece.
• Agricultural overtimeCalifornia's agricultural overtime is fully phased in: overtime after 8 hours in a day or 40 hours in a week, and double time after 12 hours in a day.
• Piece-rate rest and recovery payPiece-rate workers are paid separately for rest and recovery periods and for other nonproductive time, as Labor Code §226.2 requires.
• Itemized wage statementsEvery paycheck shows hours, rates, piece units, and deductions, and, as the law requires of farm labor contractors, the name and address of the grower the work was done for.
• Paid sick leaveWorkers accrue paid sick leave under California law and can use it without pushback.
• No unlawful feesWe don't charge workers for the right to work, and every deduction follows California law.

Safety in the field

Field safety isn't a poster in the truck. It's a plan for each ranch and a foreman who runs it every day.

• Heat illness preventionFresh, cool water close to the crew, enough for every worker to drink a quart an hour; shade up once it passes 80°F; cool-down rest whenever a worker needs it; and close watch on new workers while they acclimatize. All under Cal/OSHA's heat standard, Title 8 §3395.
• High-heat proceduresAt 95°F and above: a pre-shift heat meeting, regular checks on every worker, and a 10-minute cool-down rest at least every two hours.
• Injury and Illness Prevention ProgramOur written IIPP covers hazard checks, training, and how workers report problems without fear.
• Pesticide safetyWorkers receive pesticide safety training before entering treated fields, and no crew enters a block before its restricted-entry interval ends. We coordinate around your application schedule.
• Field sanitationToilets and handwashing stations within a five-minute walk of the crew, at least one of each for every 20 workers, kept clean and stocked.
• A safety talk every morningEach crew day opens with a short talk on that day's hazards: heat, ladders, tools, equipment, and traffic.

Fair treatment

Good crews stay with contractors who treat them well. That's good for your ranch, season after season.

• Harassment prevention trainingSupervisors and workers are trained in a language they understand, and we file the attestation the Labor Commissioner requires for our license.
• Job terms in writingEvery worker receives the terms of the job in Spanish or English: pay rate, crop, expected hours and duration, and benefits.
• Employment eligibilityEvery hire completes Form I-9 with acceptable identity and work-authorization documents.
• No retaliationWorkers can raise a pay or safety concern with a foreman or an owner directly, and no one is punished for speaking up.
• Required notices postedState and federal workplace notices are posted where workers can read them, including in Spanish.

What growers receive

Before the first crew day, you get one compliance packet with everything an auditor, insurer, or buyer is likely to ask for.

• Licenses and registrationsCopies of our California FLC license, federal certificate of registration, and county Agricultural Commissioner registration.
• CoverageA certificate of workers' compensation insurance and confirmation of our surety bond.
• Your contractA written agreement that meets Labor Code §2810, covering the work, crew size, rates, and insurance.
• Safety plansOur heat illness prevention plan and Injury and Illness Prevention Program.
• Training recordsSign-in records for heat illness, pesticide safety, and harassment prevention training.
• On requestPayroll summaries for your crews and updated proof of coverage at each renewal.

Why it matters to growers

California Labor Code §2810.3 makes a business that uses a labor contractor share responsibility with that contractor for the workers' unpaid wages and for any failure to carry workers' compensation. It generally applies to businesses with 25 or more workers, counting contracted workers, that bring in more than five workers from a labor contractor.

Federal law can also treat a grower as a joint employer of contracted workers under MSPA in some situations. Food-safety audits and buyer social-responsibility programs often ask for the same records.

We can't change the law. We can make sure there's nothing for anyone to find.

This page is general information, not legal advice. For questions about your own operation, talk with your attorney.

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