Checklist for Farm Labor Contract

in Agriculture

  Checklist for Farm Labor Contract

- Before you may contract to supply labor for a grower, you must show the grower your California FLC license and your FLC federal registration certificate.

-  You must (on a form supplied by the Labor Commissioner) provide the grower with a payroll list of all employees who will be doing work for that grower.

-  You must not split any fees with the grower or with any of his/her employees.

Cal. Labor Code § 2810 - Contract shall be in writing, in single document and include all of the following:

  • Name, address, phone number of the contractor and grower

  • Description of labor services to be provided

  • Dates when services to be commenced and completed
  • Contractor’s Employer ID # for state tax purposes

  • Workers Comp insurance policy # and carrier info

  • Vehicle info (+ insurance) (not just for transporting workers)

  • Address of property for housing workers

  • Total # of workers, Wages to be paid, Pay dates

  • Amount of Commission or Payment under contract

  • Both Federal and State FLC License #

  • Keep copy of contract for four years

  • Provide copy of contract to Labor Commissioner upon request

  • Must be signed by all parties and dated

  • Material changes need to be in writing

A good idea to have:

  • Arbitration Clause

  • Mediation Clause

  • What happens in the event of nonpayment by the Grower

  • What happens if the FLC loses their license

  • FLC Obligations

  • Grower Obligations (including OSHA)

  • Who provides equipment, safety equipment and training

  • Other required insurance such as EPLI and general liability

  • Indemnification

  • Assignability/Subcontractors – do you allow it and how

  • Integration Clause - entire agreement that must be changed in writing

  • What happens with things like acts of God, strikes, power failures, etc.

  • Confidentiality

  • Allow for an Audit of FLC records

  • Make sure the FLC/Grower is financially viable
  • Require payroll records of all employees who work for you

***Presented for informational purposes only.  This does not create an attorney-client relationship or substitute for legal advice.  You should consult with your legal counsel for legal advice. ***

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