Farm Labor Contractor Guide

Complying with all laws and regulations is expected for all stakeholders involved in agriculture
production. This can become complicated when utilizing a Farm Labor Contractor (FLC) and
requires a good understanding of your obligations in this relationship.

Agricultural employers who use the services of a Farm Labor Contractor (or an employee of
them) are almost always in a situation of joint employment with the FLC in regards to the
employees.

Where a joint employment relationship exists, each of the employers must ensure that the
employee receives all employment legal rights, such as accurate and timely disclosure of the
terms and conditions of employment, complete wage statements, wage payments when due,
safe and adequate housing and transportation. Both parties may be held liable if either party
fails to comply with the law.

H-2A Labor Contractors (H-2ALCs) are required to be registered under the Migrant and Seasonal
Agricultural Worker Protection Act (MSPA) and are obligated to meet all FLC requirements for
both H-2A and all corresponding workers. In addition to meeting all FLC requirements, there
are some specific requirements of H-2ALCs that are noted in this document.

This handbook is designed to help you better understand:
- what is a Farm Labor Contractor and what is Farm Labor Contractor Employee?
- what are my obligations to the workers hired by an FLC?
- can I be liable for the FLCs actions or inaction?