Checklist for Farm Labor Contract
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. ***
