Farm Labor Contractors (FLCs) and Farm Labor Contractor Employees (FLCEs) Checklist

Registrations and Compliance

Ensure that any FLC you use has a valid federal certificate of registration with proper driving and transportation endorsement. If the contractor is housing workers, the certificate must have endorsements for those activities as well. For federal certificate of registration verification, check website - http://www.dol.gov/whd/regs/statutes/FLCList.htm Verify that the FLC has all required state licenses in states that require such licenses (e.g. business license) Require the FLC to carry his/her federal certificate of registration and any state license at all times. Keep copies of both the federal and state certificate/license and endorsements Require the FLC to only use registered FLCEs to furnish, recruit, employ solicit, hire or transport employees for the contracted services Require the FLC to only use registered FLCEs to hire employees for the contracted services Require the FLC to provide proof of notification to the Department of Labor of any address changes, and registration of employees performing labor contracting solely on the contractor's behalf Require the FLC to provide proof of posting of all required posters and announcements

Eligibility

Require the FLC to provide copies of all personnel documentation on each employee (FLCE) who is recruited and employed Verify that the FLC is not employing underage minors

Transportation

Verify that the FLC has appropriate liability coverage for all vehicles used to transport workers, with your company listed as an additional insured. Obtain and keep copies of the insurance certificate Require the FLC to provide proof that each vehicle is registered and that all registration fees have been paid Require the FLC to provide proof that all vehicles undergo periodic safety checks and preventive maintenance

Pay and Wages

Require the FLC to pay workers all wages when due and to provide proof of itemized wage statements given to employees (note: recommend growers pay workers directly) Require the FLC to provide copies of all payroll records each pay period and to maintain them for at least three years. Also have the FLC provide copies of all season-end W-2s Require the FLC to provide proof of payment of all employment taxes

Contracts

Have an agreement with the FLC that requires the FLC to pay the costs of defending the employer in any lawsuit. The agreement should also indemnify the employer for expenses he or she has already paid out. (Such an agreement does not mean that regulatory agencies will not cite or fine the grower) Always have a written contract with your FLC