Wage and Hour Division (WHD)

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Instructions for Form WH-530: Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration

Registration Requirement Under The Migrant and Seasonal Agricultural Worker Protection Act (MSPA)

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) covers such things as safety and health standards for migrant worker housing, transportation safety, disclosing the terms and conditions of employment to migrant and seasonal agricultural workers, properly paying covered workers, and making and keeping accurate payroll records. Generally, the MSPA applies to any person (or business) who recruits, solicits, hires, employs, furnishes, or transports migrant or seasonal agricultural workers (the MSPA refers to these activities as "farm labor contracting activities").

Under MSPA, migrant agricultural workers are those employed in agricultural work of a seasonal or temporary nature who cannot return to their permanent residence at night because of the distance involved. Seasonal agricultural workers also are employed in agricultural work of a seasonal or temporary nature, but who are able to return to their permanent residence at night.

Before performing any "farm labor contracting activities," farm labor contractors must apply to the U.S. Department of Labor for a Certificate of Registration authorizing the applicant to engage in "farm labor contracting activities." Persons employed by farm labor contractors (farm labor contractor employees) to perform such activities on behalf of the contractor must also register with the Department. Application for a Certificate of Registration is made by completing and submitting the required application form (Form WH-530). Form WH-530 can be obtained electronically from this site or by contacting the nearest office of the Wage and Hour Division. The form can also be obtained from any local office of the state workforce agency or employment service.

Certain persons and organizations, such as small businesses, are exempt from the Act and are not required to register as a farm labor contractor. In addition, establishments meeting the MSPA definition of an "agricultural association" or "agricultural employer," are not required to register as a farm labor contractor. Contact the nearest office of the Wage and Hour Division if you have any questions as to whether you must register with the U.S. Department of Labor as a farm labor contractor. An instructional and information guide for completing Form WH-530 is attached.

IMPORTANT: Submitting the application form does not authorize you to engage in farm labor contracting activities. If the application is approved, you will be issued either a Farm Labor Contractor (FLC) or a Farm Labor Contractor Employee (FLCE) Certificate of Registration, at which time you may begin to engage in the authorized activities.

In addition, depending upon the specific activities you are seeking authorization for (i.e., housing, transporting, or driving covered workers) you may have to submit additional forms/documentation with your application. This additional documentation may consist of one or more of the forms listed below:

• Fingerprint Card, FD-258
• Copy of Alien Registration Card
• Copy of Driver’s License
• Doctor's Certificate, WH-515
• Vehicle Mechanical Inspection Report for Transportation Subject to Department of Transportation Requirement, WH-514
• Vehicle Mechanical Inspection Report for Transportation Subject to Department of Labor Requirement, WH-514a
• Proof of Automobile Liability Insurance
• Workers' Compensation Information or Certificate of Workers' Compensation Insurance
• Insurance Cancellation Agreement under MSPA
• Housing Occupancy Certificate

Contact the nearest office of the Wage and Hour Division (http://www.dol.gov/esa/contacts/whd/america2.htm) to obtain the forms listed above or if you have questions regarding the necessary documentation.

The Wage and Hour Division of the U.S. Department of Labor's Employment Standards Administration administers and enforces the MSPA. For more information contact either the nearest office of State Workforce Agency (or State Employment Service), listed in most telephone directories under State Government, or the nearest office of the Wage and Hour Division, listed under U.S. Government, Department of Labor Employment Standards Administration. The federal regulations implementing MSPA appear in 29 CFR Part 500.

Submission of Application

If the applicant’s permanent place of residence is in Alaska, Arizona, American Samoa, California, Guam, Hawaii, Idaho, Nevada, Oregon, or Washington, the application should be sent to:

U.S. Department of Labor
Employment Standards Administration
Wage Hour Division
National Certificate Team
90 Seventh Street Suite 13-100
San Francisco, CA 94103

If the applicant’s permanent place of residence is anywhere else in the country, then the application should be sent to:

U.S. Department of Labor
Employment Standards Administration
Wage Hour Division
National Certificate Team
P O Drawer 56447
Atlanta, GA 30343

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