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Growers, farm labor contractors (FLCs), management companies and professional service providers collaborate to meet the labor demands of California’s agricultural industry. These partnerships are essential, but they operate within one of the most complex and heavily regulated labor environments in the nation. Understanding the legal landscape, compliance responsibilities and evolving definitions of joint employment is key to protecting both businesses and the workers they rely upon.
The Role of the Farm Labor Contractor
For many growers, particularly during harvest, the ongoing challenge of securing enough labor makes partnering with a farm labor contractor an operational necessity. Licensed FLCs recruit, hire and employ agricultural workers to perform labor for a fee, connecting skilled crews with growers who need help meeting seasonal demand. Because of their critical role, contractors are subject to rigorous state and federal licensing, insurance and record-keeping requirements.
Other agricultural contracting models, such as vineyard management firms, professional employer organizations (PEOs) and staffing companies, also perform labor or employment functions. However, when these entities employ workers on behalf of a grower, they typically meet the legal definition of a farm labor contractor and must meet the same standards for licensing, insurance and compliance. No matter the model, clarity of responsibility and proactive communication are essential.
Understanding Joint Employment Risk
For many years, some growers believed hiring an FLC created a “firewall” that shielded them from employment liability. That notion no longer holds true. In 2015, California amended Labor Code Section 2810.3, establishing joint employer liability for wage, hour and workplace safety violations. When a grower uses six or more of an FLC’s employees and the combined total number of employees between both entities exceeds 20, both parties can be held responsible for compliance failures.
This means growers share legal responsibility with the contractor for ensuring workers are paid correctly, have access to a safe workplace and receive all required protections, such as harassment prevention, paid sick leave and workers’ compensation. Even if a grower is not the direct employer, the law assumes influence over working conditions and thus, accountability.
At the federal level, the Fair Labor Standards Act (FLSA) reinforces this standard. Updated guidance from the U.S. Department of Labor outlines a four-part test to determine whether joint employment exists. A grower may be considered a joint employer if they:
• Hire or fire the contractor’s employees
• Supervise or control work schedules or conditions
• Determine pay rates or methods of payment
• Maintain employment records
Not all factors must be present for liability to apply; regulators evaluate the totality of the relationship, including its duration and the level of control or oversight exerted by the grower.
What Growers Should Expect and Verify
A strong grower-FLC relationship is built on trust, but trust must be supported by verification. Before engaging an FLC, growers should require documented proof of compliance with all applicable labor, safety and insurance laws. At minimum, contractors should provide:
• Current State of California FLC license
• Current federal FLC certificate of registration
• Transportation and housing authorizations, if applicable
• Proof of workers’ compensation and general liability insurance
• Copies of written programs such as the Injury and Illness Prevention Program (IIPP), Indoor and Outdoor Heat Illness Prevention Program, and Workplace Violence Prevention Program
• A current employee handbook with anti-harassment and discrimination policies
• Documentation of required annual training, including harassment prevention, heat illness, pesticide safety, first aid/CPR and workplace safety
• Sample pay stub showing wage and hour compliance
Growers should also request documentation confirming that supervisors and workers have received all required training in their preferred language and that appropriate personal protective equipment (PPE) and emergency procedures are in place.
Periodic field visits help ensure these compliance measures are being practiced, not just promised. On-site reviews should verify that crews have adequate water and shade, first-aid kits, clean restrooms and posted safety information. If deficiencies are found, growers should work with the contractor to correct them promptly and document the actions taken. A written record of communication and remediation efforts provides valuable protection in the event of a future audit or complaint.
What FLCs Should Expect from Growers
The compliance relationship works both ways. FLCs must also exercise due diligence before contracting with a grower. They should confirm the grower’s reliability, financial stability and reputation for safe operations. Contractors should inquire about existing union contracts, Cal/OSHA history, and whether transportation, housing or equipment will be provided. Clear, mutual understanding of expectations, payment timelines, supervision responsibilities and communication channels helps prevent misunderstandings later in the season.
The Contract: Cornerstone of Compliance
Every relationship between a grower and an FLC should be formalized through a detailed written contract. This document is more than a payment agreement; it establishes legal accountability and operational clarity. A strong contract should:
• Specify payment terms and invoicing schedules
• Define who supervises the workers and under what conditions
• Clarify responsibility for equipment, transportation
and housing
• Include indemnification and duty-to-defend clauses
• Require evidence of ongoing compliance with labor and safety laws
Both parties should have legal counsel review the contract before work begins. In multi-employer arrangements or when subcontractors are used, written agreements become even more critical to delineate responsibilities and protect against shared liability.
When Liability Is Shared
In today’s enforcement environment, both the California Department of Industrial Relations and the U.S. Department of Labor may investigate and cite a grower and contractor for the same violation. A wage or safety infraction by the FLC can result in duplicate penalties for both entities. Regulators consider factors such as control over working conditions, awareness of violations and the extent of oversight exercised by each party.
To mitigate risk, both growers and FLCs should maintain documentation of compliance activities, including training rosters, inspection reports, safety meeting notes and corrective action logs. Regular internal audits reviewing payroll accuracy, safety documentation and training records demonstrate a good-faith effort to comply with the law and can serve as evidence in enforcement proceedings.
Cultivating Transparency and Accountability
The most successful partnerships in agriculture share one core characteristic: transparency. Regular check-ins during the season provide opportunities to address worker concerns, clarify expectations and verify compliance. Both parties should be willing to share documentation and discuss potential challenges early, before they become liabilities.
California agriculture continues to evolve, and so must the relationships that sustain it. In an era of heightened enforcement and public scrutiny, collaboration, communication and accountability are not optional; they are operational imperatives. Growers and farm labor contractors who prioritize transparency, honor shared responsibilities and invest in compliance are better positioned to thrive.
For more information about worker safety, human resources, labor relations or pesticide safety, please visit www.agsafe.org, call (209) 526-4400 or email safeinfo@agsafe.org. AgSafe is a 501(c)(3) nonprofit providing training, education, outreach and tools in the areas of safety, labor relations, food safety and human resources for the food and farming industries. Since 1991, AgSafe has educated more than 100,000 employers, supervisors and workers about these critical issues.
