Sample Agreement to Furnish Farm Labor
Prepared 2004 -- for educational purposes only -- by Steve Sutter, University of California Area Farm Advisor
This Agreement is entered into this _________ day of _____________________, 20 ______ by and between ______________________________________________________________________________________ ______________________________________________________________________________________ (farm entity or person, include name, address, and telephone number) and ______________________________________________________________________________________ ______________________________________________________________________________________, referred to in this agreement as farm labor contractor (include name, address, and telephone number). It is the mutual desire of the parties that the farm labor contractor provide labor for purposes of ____________ ___________________________________________________ Such laborers will be employees of the farm labor contractor, and will be recruited, supervised, and, as required by California Labor Code §1696.5, paid weekly by the farm labor contractor. The farm labor contractor will also provide the following additional services, equipment, or supplies: ______________________________________________________________. The total number of workers to be employed by the farm labor contractor is estimated to be _________. The total amount of wages in this Agreement is estimated to be _______________. Commission rate or other payment made to the farm labor contractor will be ______% of gross worker wages or _____________________________ Farm labor contractor’s pay period is _______________________ and pay day is ________________. The farm labor contractor will not provide worker transportation or worker housing in performance of this Agreement. Compliance: Farm labor contractor will comply with, and is solely responsible for, occupational health and safety, employment eligibility, licensing, registration, record keeping, fair employment, wage and hour, posting, worker disclosure, workers’ compensation insurance, surety bond, and any other requirements related to these workers pursuant to local, state, and federal law. Payment: ___________________________________ will pay farm labor contractor no less frequently than once per week for services rendered by farm labor contractor, after presentation with a written invoice specifying the types and dates of work performed and the basis on which sums due are calculated. The types of work and bases of payment for it under this Agreement are as follows: __________________________________________ ___________________________________________________________________________________________ Payroll Records: Farm labor contractor will furnish a copy of all payroll records with respect to each worker employed under this Agreement as specified in federal regulations (Title 29 Part 500 §500.80). Farm labor contractor and ____________________________ will keep these records for three years. License Verification: ______________________________ will inspect the original state license of farm labor contractor, verify the license is valid as required by California Labor Code §1695.7(a) (1) within three business days following the day on which farm labor contractor is engaged, and maintain a copy of the license for a period of three years following the termination of this Agreement. Failure to Perform: In the event that farm labor contractor fails to furnish labor under this agreement within reasonable time, __________________________ may elect to contract with any other party of its choice to perform the work described in this Agreement. Labor services will start _______________________________, 20 _____ and be completed on or about _______________________________, 20_______. Farm labor contractor’s workers compensation policy number is ___________________ and the name, address, and telephone number of the carrier is __________________________________________________________. Farm labor contractor’s employer identification number for state tax purposes is _________________________. The parties have executed this Agreement this _______day of _________________, 20 ______. __________________________ (Firm) By ____________________________ Farm Labor Contractor By______________________________
Parties will keep a copy of this Agreement for not less than four years following completion of the Agreement.