CALIFORNIA FARM LABOR CONTRACTOR ASSOCIATION

"Providing Jobs That Feed The World"

10/23/2021

Updated! Wage and Hour Division New Forms and MSPA Certificate Application


Detailed Information and Tips For A Successful Submission


In October of 2021, the Wage and Hour Division (WHD) published three new forms for farm labor contractors. The form WH-530 has been updated and separated into three new forms (review website and forms here), each with its own purpose:

  • WH-530 - for FLCs to apply for initial or renewal Certificates of Registration.
  • WH-535 - for FLCEs to apply for initial or renewal Certificates of Registration.
  • WH-540 - for both FLCs and FLCEs to amend a valid Certificate of Registration.

New Forms

1. Form WH-530 – Initial or Renewal Application for a Farm Labor Contractor Certificate of Registration

  • This form contains several required attestations and three places for the filer’s signature.
2. Form WH-535 – Initial or Renewal Application for a Farm Labor Contractor Employee Certificate of Registration
  • Filers must include their employer’s name and registration number. WHD cannot issue an FLCE certificate unless their FLC employer has already been certified.
  • If the filer’s employer has applied for their certificate but hasn’t yet received it, the filer can write "applied" in the registration number location.

3. Form WH-540 – Application to Amend a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration, or to Request a Duplicate Certificate

  • This form is used to update information, such as a change of physical address or to update vehicle or housing information.

Reason for New Forms

  • Separating the old WH-530 into three forms allows for each new form to have clearer instructions which should lead to fewer rejections.
  • New forms feature prompts that let filers know they have skipped required sections, which should also reduce rejections.
  • This is the first step of WHD moving towards an online-only application system.

Tips to Avoid Common Filing Mistakes

  • Carefully review the new form instructions to ensure you understand the form changes.
  • Always complete the section regarding criminal history.
  • The FD-258 fingerprint card must be submitted to WHD every three years.
  • WHD cannot accept digital signatures.

Updates on WHD Processing of Application Backlog (as of October 20, 2021)

  • Six weeks ago, WHD sent acknowledgement letters to applications submitted by August 17th that were deemed timely (hadn’t expired prior to the receipt of the renewal application).
  • The letter confirmed WHD’s receipt of the application and stated that the applicant can continue to operate with current or previous certificates that they were authorized to operate under until their new application has been processed.
  • WHD is in process of sending a second batch of acknowledgement letters for applicants that filed on or after August 18th that meet the same criteria.
  • WHD has hired temporary contractors and additional specialists to work through the backlog. Newer staff are focusing on simpler applications which allows the experience specialists to focus on the more complex applications.
  • WHD has incorporated system enhancements to address the backlog.  
  • WHD expects to drastically decrease the backlog over the next few weeks. 

Recommendations from WHD

  • WHD is working to provide submission receipts for filers.
  • WHD recommends filing up to 120 days prior to license expiration as opposed to 90 days.
  • If your vehicle authorization will expire during the 120-day period after you submit your application, you can submit the FLC application without vehicles and later file an amendment for vehicles.
  • If you send in insurance documents, please be sure to include either the EIN, SSN, or FLC certification number to ensure it is applied to the correct applications.
  • WHD cannot communicate about requests for information by email due to security concerns and does not have staff capabilities to contact each individual with incomplete applications (50% - 60% of applications). The new forms is intended to help alleviate many of the causes of incomplete applications. 



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Copyright by California Farm Labor Contractor Association (CFLCA)      1809 S Street, #101-246  Sacramento, CA  95811

Phone 916-389-1246     Fax 916-239-6541

CFLCA is a 501(c)(6) non-profit corporation    Tax ID # is 26-4017806

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