STATE OF WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
WORKFORCE INVESTMENT ACT
POLICIES AND PROCEDURES
DATE: 06-09-00 Revision
NUMBER: 4066

This document has been formatted for use on this web site. It contains hyperlinks that enable the user to jump directly to specific areas within the document or to related documents. The information and guidance it contains has been revised (very minor revisions). There are definitions for terms that may be unfamiliar. This communication applies only to ESD staff, however, Workforce Development Councils (WDCs) and partner agencies are welcome to use the information when developing local policies and procedures.

BACKGROUND | POLICY | PROCEDURES | DEFINITIONS | WEB SITE
REFERENCES | SUPERSEDES | WEB SITE | DIRECT INQUIRIES TO

SUBJECT:  Washington Farm/Forestry Labor Contractor License

ORIGINATOR:  WIA Title III (Wagner-Peyser) (Labor Exchange Unit)

BACKGROUND

The Washington State Department of Labor and Industries (L&I), Industrial Relations Division, has the responsibility for administration and enforcement of RCW 19.30 and WAC 296-310 as amended. All persons proposing to engage in farm/forestry labor contracting activities, must obtain a Farm Labor Contractor's (FLC) license. This requirement must be met by any person other than an agricultural employer, an agricultural association, or an employee of an agricultural employer or association who; for any money or other valuable consideration paid or promised to be paid; recruits, solicits, hires, employs, supplies or transports any agricultural worker.

Along with a Washington license, each contractor must also have a federal Farm Labor Contractor's (FLC) Certification of Registration to legally provide farm/forestry labor contractor services (see Policies and Procedures document number 7027-3, Federal Farm/Forestry Labor Contractor Certification).   All FLCs must comply with both Washington State and federal requirements.

Washington licenses may not be transferred or assigned. Each Washington FLC initial license expires no later than December 31 of the calendar year in which it was issued. License renewals may be for up to two years but expire no later than December 31 of the calendar year subsequent to the year of issue. All actions performed under a license are the responsibility of the original licensee and she/he can be deemed legally liable/responsible for all such actions in a court of law.

POLICY

It is the policy of the Employment Security Department (ESD) to provide services to farm/forestry labor contractors that are consistent with Washington's RCW 19.30 and WAC 296-310, as amended.

NOTE:  All applicants must be in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) of 1983 (29 CFR Part 500) as amended in 1989 (see Policies and Procedures communication number 4056, Federal Farm/Forestry Labor Contractor Certification).

Local Service Delivery Site Responsibilities
Comparison of Federal and State Programs

Local Service Delivery Site Responsibilities

Local service delivery sites assist applicants who are applying for a Washington State Farm/Forestry Labor Contractor (FLC) License by providing assistance as well as forms from the following list:

1. State Farm Labor Contractor Registration Fact Sheet;

2. Form F700-014-000, Application for Farm Labor Contractor License is required to operate as a FLC. There is an annual license fee of $35.00 to contract for laborers involved in farm activities or $100.00 to contract for laborers involved in forestation or reforestation activities -- applicant should submit an original of this form with a money order or cashier's check payable to the Department of Labor and Industries;

3. Form F700-046-000, Agreement between Farm Labor Contractor and Workers -- three (3) for each job change when no JSC job-order referral is used (original for the worker, first copy for the employer, second copy for the contractor) -- in English;

4. Form F700-056-000, Agreement between Farm Labor Contractor and Workers -- three (3) for each job change when no JSC job-order referral is used (original for the worker, first copy for the employer, second copy for the contractor) -- in Spanish;

5. Form F700-060-000, Farm Labor Contractor Assignment of Account or Time Deposit -- to be completed and submitted if the contractor is in the process for setting up an assignment of account or time deposit with L&I as an alternative to a bond;

Number of Employees	Annual Amount of Assurance
1-10	$ 5,000
11-50	$10,000
51-100	$15,000
More than 100	$20,000

6. Form F700-066-000, Farm Labor Contractor's Bond -- to be completed and submitted if the contractor will be acting as an FLC;

7. Form F700-067-000, Rights of Workers -- in English; and

8. Form F700-068-000, Rights of Workers -- in Spanish.

All completed materials and payment should be delivered in one package to the nearest L&I office or mailed to:

Washington State Department of Labor and Industries
Employment Standards/Farm Labor Section
PO Box 44511
Olympia, WA 98504-4511
Phone: (360) 902-5316
Fax: (360) 902 5300

Any contractor who intends to transport employees and/or agricultural/forestry workers must obtain suitable insurance as specified in WAC 296-310-040. L&I requires public liability and property damage insurance for each vehicle used. L&I also requires evidence of such insurance policies.

Any person who knowingly uses the services of an unlicensed contractor is liable under all legal mandates to the same extent as is the unlicensed contractor.

Local service delivery sites may request forms from the Agricultural Recruitment and Support Unit.

Washington registered farm/forestry labor contractors who actually hire and pay workers need to be advised of their obligation to register with the following:

1. Social Security Administration--Collection and payment of Social Security taxes;

2. Internal Revenue Service--Collection and payment of federal income taxes;

3. Washington State Department of Labor and Industries--Collection and payment of industrial insurance taxes; and

4. Washington State Employment Security Department Employer Tax Office--Collection and payment of unemployment insurance taxes.

Comparison of Federal and State Programs

There are some differences and similarities between the Washington and federal programs that should be noted:

1. RCW 19.30 and WAC 296-310, as amended, apply to all farm labor contractors operating within the state of Washington. A federally registered FLC may have a subordinate farm labor contractor employee who is federally registered to act as an agent or subcontractor, but Washington State has no such classification and requires that each contractor and employee(s) have individual license(s).

2. Federal registration as a farm labor contractor under the MSPA applies in all instances except when the contractor is operating within 25 intrastate-miles of the contractor's permanent residence and for not more than thirteen weeks per year. The exemption regarding miles and weeks, cited for federally certified contractors, is not included in Washington law.

3. State-registered farm/forestry labor contractors must be bonded or have an Assignment of Account or Time Deposit with L&I. State licensed farm labor contractors must pay an annual license fee. There are no similar federal requirements.

4. Federal certificates and state licenses have different periods of validity and must both be valid when the work is performed.

NOTE: Specific information concerning the federal program can be found in Policies and Procedures communication number 4056, Federal Farm/Forestry Labor Contractor Certification.

DEFINITIONS

1. Farm/Forestry Labor Contractor (FLC) - Any person who, for a fee, performs any farm labor contracting activity.

2. Farm Labor Contracting Activity - Recruiting, soliciting, employing, supplying, transporting, or hiring agricultural workers.

3. Agricultural Employee - Any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity.

4. Agricultural Employer - Any person engaged in agricultural activity; including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands; which includes; but is not limited to the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities.

5. Person - Any individual, firm, partnership, association, corporation, or unit or agency of state or local government.

REFERENCES

The Workforce Investment Act (WIA) of 1998, Public Law 103-152 (WorkSource); the Wagner-Peyser Act as amended by WIA (Labor Exchange); the Code of Federal Regulations (CFR), Title 20, Chapter V, Part 652 (Labor Exchange), Parts 653 and 654 (MSFWs), Part 655 (H-2A), and Title 29, Part 500 (MSPA); the Revised Code of Washington (RCW) Chapters 19.30 (FLC License); and the Washington Administrative Code (WAC), Chapter 296-310 (FLC License).

SUPERSEDES

This communication cancels and supersedes Policies and Procedures document number 7022, dated August 4, 1986.

WEB SITE

DIRECT INQUIRIES TO:

Oscar Trevino
Employment Security Department
Employment and Career Development Division
P.O. Box 9046, Mail Stop 6000
Olympia , WA 98507-9046
E-Mail: otrevino@esd.wa.gov            
Telephone:  (360) 438-4653
Fax:  (360) 438-4014

www.wa.gov/esd/policies/default.htm

DIRECT INQUIRIES TO:

Oscar Trevino
Employment Security Department
Employment and Career Development Division
P.O. Box 9046, Mail Stop 6000
Olympia , WA 98507-9046
E-Mail: otrevino@esd.wa.gov            
Telephone:  (360) 438-4653
Fax:  (360) 438-4014