Working with a Farm Labor Contractor Best Practices

Many vineyard owners in Napa Valley—especially those who are absentee or have limited in-house crews—rely on Farm Labor Contractors (FLCs) or Vineyard Management Companies (VMCs) to meet their workforce needs. But outsourcing labor doesn’t outsource liability. As of California’s Assembly Bill 1897 (AB 1897), owners share legal responsibility for labor law violations. That means being proactive, informed, and document-savvy is more important than ever.
Here’s how to protect your operation and uphold the highest labor standards in our region.

1. Understand Your Shared Liability

• Know the law: AB 1897 establishes that companies (and vineyard owners) who hire FLCs or VMCs are jointly liable for any violations of:
  • California wage and hour laws
  • Occupational safety and health standards (Cal/OSHA)
  • Workers’ compensation coverage
• This means: If your FLC underpays their workers or fails to provide safety training, your vineyard could be held responsible—even if you weren’t directly involved

2. Use a formal labor agreement

• Consider using the FELS (Farm Employers Labor Service) Farm Labor Agreement or a similar, legally reviewed contract
• Ensure the agreement outlines:
  • The scope of work
  • Roles and responsibilities for compliance
  • Clear indemnification language that shifts liability for violations to the FLC/VMC
• This agreement should be signed before work begins and updated annually or as legal requirements change

3. Collect and retain essential documentation

• Before any work starts, request and retain copies of:
  • Valid federal and California state FLC licenses, make sure they haven’t expired
  • Workers’ compensation insurance certificates naming your vineyard as an additional insured party if possible
  • General liability insurance to cover potential on-site injuries or damages
  • County registration forms (if your county requires local contractor registration)
  • Labor Payment Bond proof, which guarantees worker payment in case the FLC fails to do so
• Keep all documentation organized and on file in case of audits or labor disputes

4. Verify license status online

• Use the California Department of Industrial Relations (DIR) website to:
  • Search for your contractor
  • Confirm their FLC license is active and in good standing
  • Print and save the verification as a best practice and audit trail
• Verification site: California FLC License Check

5. Monitor labor and safety compliance on your property

• Request copies of:
  • Employee pay stubs or payroll summaries for any workers placed on your vineyard
  • Safety training records, including orientation materials and sign-in sheets
  • Quarterly payroll withholding filings and workers’ compensation payment summaries
• These documents help prove that employees are being paid legally and that safety requirements are being met

6. Confirm your contractor meets all current worker protections

• Your FLC or VMC should be fully compliant with all modern labor protections, including:
  • Written safety programs tailored to vineyard work (including equipment and chemical handling)
  • Heat illness prevention plans, as required under Cal/OSHA—especially critical during summer field work
  • Sexual harassment prevention training, now mandatory under California law for both supervisory and non-supervisory staff
  • Sick leave policy that complies with California’s paid sick leave law
  • Affordable Care Act (ACA) compliance, if the contractor employs more than 50 full-time equivalent workers
• You are encouraged to ask for copies or confirmation of these policies and programs

Important Note:
Even if you follow these steps, there is no absolute protection from penalties or lawsuits brought by regulatory bodies such as DIR, Cal/OSHA, DFEH, or the DOL. However, adhering to these best practices shows that you’ve made a “good faith effort” to ensure compliance—a major mitigating factor in legal or financial consequences.

Key Takeaways:

• Shared responsibility is real: Vineyard owners are no longer legally insulated from FLC labor violations. You are expected to be an active participant in ensuring compliance
• Documentation is your defense: Thorough records of licenses, insurance, payroll, and safety training provide vital protection and accountability
• Build compliance into your workflow: Make contractor vetting and documentation a routine part of your seasonal operations, just like budgeting or irrigation planning