www.dol.gov/whd/ag

1-886-487-9243 

5. Post the required Migrant and Seasonal Agricultural 

Worker Protection Act (MSPA) poster (download at 

www.dol.gov/whd/regs/compliance/posters/mspaensp.pdf) 

where employees can see it.

6. Refer to WHD fact sheet #40 for information on child 

labor in farm jobs (download at 

www.dol.gov/whd/regs/compliance/whdfs40.pdf).

You may also be responsible for meeting field sanitation 

standards for workers who are performing hand labor 

in the fields. Refer to WHD fact sheet #51 (download at 

www.dol.gov/whd/regs/compliance/whdfs51.pdf) to see who 

is subject to these standards and get more information on 

your responsibilities. Requirements include:

1. Supply a sufficient amount of cool, potable drinking 

water at no charge to each worker for the entire 

workday.

• Water must be readily accessible and provided 

with single-use cups.

2. Provide clean, sanitary toilet facilities at no charge in a 

ratio of at least one toilet for every 20 workers.

• Toilet facilities must be readily accessible, 

ventilated and screened, and have a self-closing 

door that locks from the inside.

• You must provide an adequate amount of toilet 

paper.

3. Provide clean, sanitary hand washing facilities at no 

charge in a ratio of at least one hand-washing facility 

for every 20 workers.

• These facilities must be located near the toilet 

facilities and have potable water and soap.

• You must provide single use towels and a means 

to dispose of the used towels.

4. Tell workers where the drinking water, toilet facilities, 

and hand-washing facilities are located, and notify 

them of the importance of good hygiene practices.

5. Give employees reasonable opportunities throughout 

the workday to use the facilities.

6. Toilet facilities and hand-washing facilities are required 

only when the workers perform field work for more 

than three hours, including time spent traveling to and 

from the field. 

For an overview of DOL agriculture regulations, 

download our Cultivating Compliance Guide at

www.dol.gov/whd/FLSAEmployeeCard/AgGuideEnglish.pdf

Now that you have received your Farm Labor Certificate of 

Registration, please review it immediately to make sure all the 

information is correct. If any of the information is incorrect 

or you have a question about your certificate, please call 

404-893-6030 for the Atlanta Processing Center or 

415-241-3505 for the San Francisco Processing Center.

If you have questions that do not involve the information on the 

form you may call your local Wage and Hour District Office:

www.dol.gov/whd/america2.htm

UNITED STATES DEPARTMENT OF LABOR

CULTIVATING

COMPLIANCE

Your Next Steps as a Registered 

Farm Labor Contractor (FLC)

WH1021 REV 06/16

The Department of Labor offers this information as a public 

service. This publication does not carry the force of law or legal 

opinion. The United States Code, the Federal Register, and the 

Code of Federal Regulations remain the official sources for 

statutory and regulatory information. Many states enforce state 

laws that are stricter than federal laws; employers must comply 

with all federal and state laws that apply to them.
GENERAL OBLIGATIONS

1. Carry your certificate of registration at all times and show 

it to anyone who asks to see it.

2. Perform ONLY activities you are authorized for 

(transporting, driving, or housing).

3. Notify the Department of Labor within 30 days of any 

permanent address change.

4. Make sure that you only use registered farm labor 

contractor employees to recruit or solicit other 

workers, AND that any driver you use is driving 

authorized on the certificate, and has a current 

driver’s license for the class of vehicle driven.

5. Note that you may also be subject to state 

requirements for FLC registration. Nothing in this 

publication exempts a FLC from complying with state 

requirements if state laws and/or regulations require 

compliance with stricter standards.

TRANSPORTATION

If you transport migrant or seasonal workers or direct

others to transport them, your responsibilities as a farm 

labor contractor are:

1. Make sure that your certificate states that you are 

transportation authorized.

2. Make sure that each vehicle you use is listed on your 

FLC certificate.

3. If you plan to use a vehicle that is NOT listed on your 

FLC certificate, you must take the following steps 

BEFORE you use that vehicle:

• Vehicle Inspection: Provide proof of inspection by 

submitting completed form WH514 or WH514a 

(download at www.dol.gov/whd/forms/wh514.pdf or

www.dol.gov/whd/forms/wh514a.pdf) to the 

appropriate WHD processing center (see 

www.dol.gov/whd/forms/fts_wh530.htm).

• Insurance*: Provide proof of automobile liability 

insurance policy or liability bond coverage:

A. Insurance coverage must be at least 

$100,000 for each seat in the vehicle, up to 

$5 million.

> The policy must cover personal injury to 

employees who are not covered by workers’ 

compensation, as well as non-employee 

passengers and non-work related travel.

> The policy must cover property damage.

B. Workers’ compensation coverage may be 

substituted in some cases; if substitution 

is appropriate, you must also have at least 

$50,000 (per accident) additional property 

damage or general liability insurance 

coverage for non-work related travel. 

C. An issued liability bond of at least $500,000 

in guaranteed coverage may substitute for 

liability insurance.

* This insurance must be in effect for the entire period 

the vehicle will be used.

4. Maintain current state-required registration for each 

vehicle.

5. Maintain at least the minimum required amount of 

insurance for the entire time you use the vehicle.

6. Make sure that all applicable federal, state, and local 

safety standards are met for each vehicle. Do not 

exceed the maximum occupancy in each vehicle.

7. Refer to WHD fact sheet #50 for more information on 

your responsibilities when transporting migrant and 

seasonal workers (download at 

www.dol.gov/whd/regs/compliance/whdfs50.pdf).

If you drive migrant or seasonal workers, your 

responsibilities as a farm labor contractor / farm labor 

contractor employee are:

1. Make sure that your certificate states that you are 

driving authorized.

2. Maintain a current driver’s license for the class of 

vehicle you drive.

3. Keep a copy of your doctor’s certificate with you 

(download at www.dol.gov/whd/forms/wh515.pdf).

4. Carry your certificate of registration at all times and 

show it to anyone who asks to see it.

HOUSING

If you own or control housing used for migrant workers, 

your responsibilities as a farm labor contractor are:

1. Make sure that your certificate states that you are 

housing authorized.

2. Make sure that each housing facility you use is listed 

on your FLC certificate.

3. If you plan to use a housing facility that is NOT listed 

on your FLC certificate, you must provide proof of preoccupancy housing inspection by the state or local 

authority to the appropriate processing center (see 

www.dol.gov/whd/forms/fts_wh530.htm for the address)

BEFORE you use that housing facility.

4. Post a copy of the pre-occupancy housing inspection 

certificate at each housing facility.

5. Provide a document with any housing terms and 

conditions to each housing occupant, OR post that 

document in a visible location at the housing facility. 

You may use WHD form WH521 for this purpose 

(download at www.dol.gov/whd/forms/wh521.pdf).

6. Maintain each housing facility so that it meets the 

minimum safety and health standards throughout the 

period of occupancy.

7. Do not exceed the maximum occupancy in each 

housing facility.

OTHER OBLIGATIONS

If you employ migrant or seasonal workers, your 

responsibilities as a farm labor contractor are:

1. Provide terms and conditions of the job to each 

employee (this must be in writing for a migrant or dayhaul worker):

• Make sure that the terms are accurate and that 

you have not misrepresented any information 

about the job or pay.

• You may use WHD form WH516 for this purpose 

(download at www.dol.gov/whd/forms/wh516.pdf).

This form is also available in Spanish (download 

at www.dol.gov/whd/forms/WH-516_Spanish.pdf).

2. Keep accurate time and payroll records for each 

employee:

• You must keep accurate time records (hours 

worked) for employees paid by piece rate as well 

as employees paid by the hour.

• You must list all workers on the timesheets and 

payroll records.

• You must keep the records for three years.

• If you furnish workers to a farmer, you must 

provide a copy of these records to the farmer by 

the end of the season.

3. Pay all wages when due:

• This cannot be less than the federal or state 

minimum wage AND may also not be less than 

the wage you promised.

• Wages must be paid no less often than every 

other week.

4. Provide a pay statement to each employee each pay 

period.

WHATS NEXT?