September 15, 2020

U.S. Department of Labor Revises Farm Labor Contractor Forms

The U.S. Department of Labor Wage and Hour Division (WHD) has revised the farm labor contractor (FLC) application form WH-530 and several other forms related to FLC registration with WHD.  The new forms WH-530, WH-514 and WH-514A, which have an expiration date of 8/31/2023, may be used immediately, but must be used for any application submitted on or after October 1, 2020. Farm labor contractors are advised to replace expiring forms with the new forms and to train staff involved in the FLC registration and vehicle inspection reporting processes to use the new forms.

The new Form WH-530 contains several modifications such as requiring an applicant requesting transportation authorization to identify how it will comply with the vehicle insurance or liability bond requirement. (Part II, Section 10). Forms WH-514 and WH-514a replace the field “Number of Seats” with “Vehicle Seating Capacity,” along with other minor changes. No changes have been made to form WH-515, which still contains a  revision date of 11/15 and no expiration date.

Form WH-530 is an application used to obtain a Farm Labor Contractor License.  Forms WH-514, WH-514a, and WH-515, which allow FLC applicants to verify to the WHD that the vehicles used to transport migrant/seasonal agricultural workers meet the MSPA vehicle safety standards and that anyone who drives such workers meets the Act’s minimum physical requirements. The WHD uses the information in deciding whether to authorize the FLC/FLC Employee applicant to transport/drive any migrant/seasonal agricultural worker(s) or to cause such transportation.

Form WH-514 is used to verify that any vehicle used or caused to be used to transport any migrant/seasonal agricultural worker(s) meets the Department of Transportation (DOT) safety standards. When the adopted DOT rules do not apply, FLC applicants seeking authorization to transport any migrant/seasonal agricultural workers use Form WH-514a to verify that the vehicles meet the DOL safety standards and, upon the vehicle meeting the required safety standards, the form is completed. Form WH-515 is a doctor’s certificate used to document that a motor vehicle driver or operator meets the minimum DOT physical requirements that the DOL has adopted.