| Who must obtain a farm labor contractor license? |
No person shall act as a farm labor contractor until a license to do so has been issued to him by the Labor Commissioner, and unless such license is in full force and effect and is in his possession. Labor Code section 1683 |
| What is the definition of “farm labor contractor?” |
“Farm labor contractor” designates any person who, for a fee, employs workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person, or who recruits, solicits, supplies, or hires workers on behalf of an employer engaged in the growing or producing of farm products, and who, for a fee, provides in connection therewith one or
more of the following services: furnishes board, lodging, or transportation for those workers; supervises, times, checks, counts, weighs, or otherwise directs or measures their work; or disburses
wage payments to these persons. Labor Code section 1682(b)
"Person" includes any individual, firm, partnership, association, limited liability company, or corporation. Labor Code section 1681(a) |
| What is included in the definition of “farm labor contractor?” |
“Farm labor contractor” includes any “day hauler.” “Day hauler” means any person who is employed by a farm labor contractor to transport, or who for a fee transports, by motor vehicle, workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person. Labor Code section 1682.3 |
| What is excluded from “farm labor contractor?” |
“Farm labor contractor” does not include a commercial packing house engaged in both the harvesting and the packing of citrus fruit or soft fruit for a client or customer. Labor Code section 1682.4 |
| What prerequisites must be met prior to issuance of license? |
A detailed explanation of all requirements which must be met prior to issuance of a license, including requirement for and amount of fees to be paid, requirement to post a bond and amount of bond required based on annual payroll, examination requirements, and requirement to participate in continuing education are found at Labor Code section 1684 and are further explained in the licensing requirements for New and Renewal applicants form below. |
| Who is ineligible to be licensed as a farm labor contractor? |
No license to operate as a farm labor contractor shall be granted:
(a) To any person who sells or proposes to sell intoxicating liquors in a building or on premises where he operates or proposes to operate as a farm labor contractor.
(b) To a person whose license has been revoked within three (3) years from the date of application. Labor Code section 1685. |
If I am a NEW applicant, how do I apply for a license or obtain an application package?
AN INCOMPLETE APPLICATION, INCLUDING INCOMPLETE SUBMISSION OF REQUIRED SUPPORTING DOCUMENTATION, WILL DELAY THE ISSUANCE OF YOUR LICENSE. |
You can either:
- Apply and Pay online by accessing link to the New Farm Labor Contractor Application Online system. Or
- Download the package from the internet (Adobe Acrobat Reader required):
a1. Application for New Farm Labor Contractor License (DLSE 401-N rev. 1/2015) version  version
- Aplicacion de Nuevos Aplicantes para la Licencia de Contratista de Trabajadores Agricolas (DLSE 401-N Rev. 1/2015) version version
a2. Short-form Renewal Application for Farm Labor Contractor License (DLSE 401-S rev. 1/2015) version version
- Forma Corta de Renovacion para la Licencia de Contratista de Trabajadores Agricolas (DLSE 401-S Rev. 1/2015) version version
a3. Renewal Application for Farm Labor Contractor License (DLSE 401-R rev. 1/2015) version version
- Aplicacion de Renovacion para la Licencia de Contratista de Trabajadores Agricolas (DLSE 401-R Rev. 1/2015) version version
b. Bond (DLSE 402 (3/2014)) version version
c. Proof of Tax Filing and Payment (with instructions) (IRS Form 8821) version
d. Request for Live Scan Service - San Francisco (with instructions) version
e. Request for Live Scan Service - Fresno (with instructions) version
f. Declaration and Authorization to Release Information (Optional) version version
g. SEE APPLICATION INSTRUCTIONS FOR ADDITIONAL DOCUMENTATION REQUIRED TO BE SUBMITTED
h. Farm Labor Contractor – Employee Payroll List – Approved Sample Form per Labor Code section 1695.5(b) version
i.Farm Labor Contractor Supervisory Employee Sexual Harassment Disclosure statement version version
- Declaracion del Empleado Supervisor del Contratista de Trabajadores Agricolas Acerca del Acoso Sexual version version
j.The following form is available for you to use as needed but is not required to be submitted with your application package.
Farm Labor Contractor Employee Record of Training in Sexual Harassment Identification and Prevention version version
- Registro de entrenamiento en identificacion y prevencion de acoso sexual de los empleados de Contratistas de Trabajadores Agricolas version version
- Call the Farm Labor Contractors unit in San Francisco on Monday through Friday, 8:00 a.m. to 5:00 p.m. at (415) 703-4854; fax: 415-703-4808 or Fresno at 559-248-1893; fax: 559-248-1895 and request that a package be sent to you.
- Pick up a package at either of the offices below or request a package by mail by sending your written request to:
For Counties of Kern, Tulare, Fresno, Merced, Kings and Madera:
Department of Industrial Relations
Division of Labor Standards Enforcement
Licensing and Registration
770 East Shaw Ave., Ste. 222
Fresno, CA 93710
or
All Other Counties:
Department of Industrial Relations
Division of Labor Standards Enforcement
Licensing and Registration
P.O. Box 420603
San Francisco, Ca 94142
(address for physical pickup/delivery only:
455 Golden Gate Ave., 9th Floor West, San Francisco 94102)
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| What are the farm labor contractor licensing requirements for RENEWAL applicants? |
Ninety (90) days before your current license expires you will be sent either an email reminding you to renew online or a renewal package by mail. Be sure to complete the application form and include your fee and all required documents in order to avoid delays in processing. If you have not received notification reminding you to renew within 90 days prior to expiration, please contact the Licensing & Registration Unit at the numbers listed above to request your renewal package.
You must complete and return the following documents (available for download above) with your Renewal application:
a. Application for Farm Labor Contractor License (DLSE R-401)
b. Proof of Tax Filing and Payment (with instructions) (IRS Form 8821)
c. Personal Record
d. Declaration and Authorization to Release Information (Optional)
e. SEE APPLICATION INSTRUCTIONS FOR ADDITIONAL DOCUMENTATION REQUIRED TO BE SUBMITTED
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| What fees are required? |
New applicants: $610 which includes examination fee which is valid for two years
Renewal applicants: $500. If the application is received after expiration of the prior license, a $10.00 filing fee is required. A $100 exam fee is required if the exam was not taken in the prior two years.
Fees may be paid by certified check, cashier’s check or money order made payable to DIVISION OF LABOR STANDARDS ENFORCEMENT.
You may also pay fees online using your American Express, Discover or MasterCard credit card by clicking on the title of the payment you wish to make:
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| Where do I return my completed NEW or RENEWAL application and supporting documentation? |
Return the completed applications to either of the addresses above based on the location of your operations. |
| What are my continuing obligations after I have received by license? |
- You must participate in at least eight hours of relevant education classes for each license period pursuant to the provisions of Labor Code section 1684(b)(2)
- A written examination may be required pursuant to the terms of Labor Code sections 1684(a)(5) and 1684(c)
- You are required to notify the Labor Commissioner of the name and address of any person or company with whom you enter into any contract, oral or written, to provide farm labor services at any time after issuance of your license.
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