FLC Licensing Process - How To Become a Licensed Farm Labor Contractor in California
How To Become a Licensed Farm Labor Contractor in California
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The following individuals or organizations are considered "farm labor contractors": any person/legal entity who, for a fee, employs people to perform work connected to the production of farm products to, for, or under the direction of a third person; any person/legal entity who recruits, supplies, or hires workers on behalf of someone engaged in the production of farm products and, for a fee, provides board, lodging, or transportation for those workers, or supervises, times, checks, counts, weighs, or otherwise directs or measures their work, or disburses wage payments to these persons.
Under the California labor Code, any person acting as a farm labor contractor (FLC) is required to be authorized and keep their state license current. The Department of Labor Standards Enforcement of the Department of Industrial Relations issues licenses for Farm Labor Contractors. Visit the DLSE website for information and the online application process (also available as a printable form).
Federal Farm Labor Contractor Certificates of Registration must be renewed each year; applications may be submitted for renewal up to 120 days from the expiration date and should be submitted at least 30 days in advance.
Federal licensing contact: mspaflc@dol.gov 415-241-3505.
Membership in CFLCA will also help you navigate the industry and provide you with much needed resources and information.
FLC State License Application Instructions and Checklist
- State licenses must be renewed each year; online applications may begin renewal 90 days from the license expiration date and should be submitted 60 days in advance for priority processing.
- State licensing contact: FLC@dir.ca.gov
- Register with the federal government as a farm labor contractor and received a federal registration certificate. Department of Labor instructions and information found here. Additional resources are available through the DOL WHD FAQ, and the video on Applications for MSPA Certificates of Registration.
- Complete the state license application (and pay the corresponding fee) including:
- Driver's license for the sole proprietor or for all members/partners.
- Two current passport photos* for the sole proprietor; one member of an LLC/corporation; or for EACH partner in a partnership.
- Live Scan fingerprint images. Fingerprinting is required for the sole proprietor; all partners; and all corporate officers and each members of an LLC/corporation. See the CA Attorney General's website for a listing of Live Scan locations.
- You must provide one of the two Request for Live Scan Service forms below to the Live Scan staff during your appointment. This will ensure you receive an ATI Number and LSID Number that is needed for the FLC license application.
- Applicants located in Fresno, Kings, Kern, Madera, Merced, and Tulare counties should use the Fresno Request for Live Scan Service Form.
- Applicants located in all other counties should use the Oakland Request for Live Scan Service Form.
- The Articles of Incorporation/Organization and Statement of Information from the California Secretary of State.
- Federal Employer Identification Number (FEIN) from the IRS.
- Obtain workers' compensation and an FLC bond in the appropriate amount. New applicants may delay until the exam is passed. For renewals WCI and bond must be valid for more than 30 days following expiration of current license.
- Participate in at least nine hours of relevant education classes for each license period (within the last 12 months of application).
- The sole proprietor; each officer of a corporation/LLC; or each member of a partnership, AND all supervisory staff must fill out a sexual harassment disclosure statement (English or Spanish).
- Renewal applicants must provide:
- County registrations for each to which the applicant will dispatch workers.
- Quarterly payroll reports from EDD (DE-9/C).
- List of grower clients (template).
- Complete list of all materials and resources used to provide sexual harassment prevention training to workers in the calendar year prior (including the company's policy and DFEH185).
- Additional requirements for the transport (driver's list, vehicle list) and/or lodging of workers.
- Take and pass the farm labor contractor exam administered by DIR (initially and then once every two years). Find study resources here.
*State license photo requirements: Digital photo must be in JPEG/JPG format, at least 600x600 pixels, minimum 54 kilobytes; Color photo taken within the last 6 months; Plain white background (no shadows, texture, lines, etc.); Clear image of face (no filters, stylistic editing, etc.); No sunglasses, prescription glasses are allowed; Allow blank space in photo above top of the head (¼-½ inch); No selfies.
Exam invitations are sent to the email address provided on the FLC license application (individual, not agent) and will come from a third party DLSE has contracted with. Exams will be given in the language selected on the application (to confirm the language download a copy of your application). Exam results are sent to the same email address generally within three to four weeks.