Farm And Forest Labor Contractor License
|Wage and Hour: Farm Labor|
To obtain a license application packet, please contact the Bureau's licensing unit in the Salem office at the address below. You can also download a pdf copy of the application packet in either English or Spanish from our Forms Directory. (Note: Once downloaded, the application packet should be printed as a double-sided document.)
WHO MUST APPLY?
Any person who bids or submits prices on contracts, or any person who for compensation, recruits or supplies workers for the production of farm crops or the reforestation of lands must apply for a Farm and Forest Labor Contractor license.
LICENSE FEES: $100.00 - FARM LABOR CONTRACTOR LICENSE
$250.00 - FARM AND FOREST LABOR CONTRACTOR LICENSE
1. Sole Proprietor.
2. Partnership - Each partner must make application.
3. Corporation - Corporation and majority shareholder(s) must make application, as well as person(s) acting as contractor(s) if different from majority shareholder(s).
4. Cooperative corporation.
5. Private non-profit corporation.
6. Agricultural associations.
7. Corporation or limited liability company that publicly trades on a stock exchange and has 10 or more employees.
8. Limited liability company.
9. Limited liability partnership
10. Employee of a farm/forest labor contractor.
TO OBTAIN A LICENSE, EACH APPLICANT IS REQUIRED TO SUBMIT:
1. Appropriate License Fee
2. Completed Application (WH-37) with each and every question answered. Type or print clearly.
3. Four current colored 2" X 2" passport photographs
4. IRS Tax Compliance Certification
5. Oregon Department of Revenue Tax Compliance Certification
6. Oregon Employment Department Tax Compliance Certification
7. Vehicle Information Sheet (WH-150) if applicable
8. Vehicle Insurance Certificate if transporting workers: *Certificate of Insurance issued by your auto insurance carrier which lists the Bureau of Labor and Industries as certificate holder and provides a 30-day cancellation notice, for all vehicle(s) used in the operation of this business and used to transport workers. It must also list all vehicles and their Vehicle Identification number.
9. Certificate of Workers´ Compensation Insurance: *Certificate of Insurance issued by your Worker´s Compensation carrier and which lists the Bureau of Labor and Industries as certificate holder and provides a 30-day cancellation notice. This applies to applications for Farm/Forest Labor Contractor license.
10. If using leased employees, copy of:
- Lease Contract
- Certificate of Workers´ Compensation Insurance from leasing agency
11. Proof of Financial Responsibility Document
12. Certificate required if applying for EXEMPT license (WH-56)
13. Employee Sponsorship Statement (WH-36) if applicable
14. Certified statement required if applying for NON-PROFIT CORPORATION license (WH-35)
15. Proof of IRS 501(c)(3) exemption required for Non-profit corporations if applicable
*NOTE: If applying as an employee of a Farm/Forest Labor Contractor, you do not need to submit proof of financial responsibility, certificate of insurance for vehicle or certificate of insurance for worker´s compensation.
ALL assumed business names and corporations MUST be registered with the Corporation Division in Salem PRIOR to a license being issued. Please contact:
Secretary of State - Corporation Division
Public Service Building, Suite 151
255 Capitol Street NE
Salem, Oregon 97310
General Information/Registration (503) 986-2200
PROOF OF FINANCIAL RESPONSIBILITY:
Proof of financial responsibility is a Corporate Surety Bond of a company licensed to do business in Oregon, or a cash deposit. All financial responsibility documents are to be submitted on forms that are provided by the Licensing Unit. The proof of financial responsibility shall be in the following amounts:
$10,000 if no more than 20 employees
$30,000 if 21 or more employees
If you are also applying for a camp operator indorsement, the minimum amount of the proof of financial responsibility document acceptable is $15,000, regardless of the number of employees employed.
Contractors who employ 21 or more employees and who have been licensed as a farm or farm/forest labor contractor for at least two years may apply to the Bureau for a bond reduction. There is no bond reduction available for contractors with 20 or fewer employees. In addition, application may be made to the Bureau for an aggregate bond reduction when a corporation with more than one licensee, or a partnership, has been licensed as a farm or farm/forest labor contractor for at least one year.
When the contractor elects to make a cash deposit as proof of financial responsibility, the cash deposit is required to be:
1. issued payable to the "Commissioner, Oregon Bureau of Labor and Industries" exclusively; AND
EXEMPTION FROM FINANCIAL RESPONSIBILITY AND RECORD KEEPING REQUIREMENTS:
2. be immediately payable to the Commissioner upon demand; AND
3. held in trust through the current license year, PLUS six months.
Applicants for a Farm Labor Contractor License who will be engaged in forestation/reforestation activities may request an Application for Exemption from Bond. FOR THIS EXEMPTION, THE APPLICANT MUST BE: a sole proprietor; engage in forestation/reforestation contracts for under $25,000; and employ two or less individuals in the performance of work on all contracts performed in the license year.
The license shall be good for one year from date of issue. Renewal applications are sent to all licensed contractors prior to the expiration of the current license.
A temporary permit may be issued prior to taking the exam. It shall be valid for 60 days, however, arrangements must be made to SCHEDULE and TAKE the exam within 45 days of issue. It shall be the contractor´s responsibility to contact the Salem office to arrange for an appointment to take the exam. It is suggested that you do not wait until the end of the 45 days to schedule your exam in the event you fail the exam and need to reschedule. The permit may NOT be extended beyond 60 days. A contractor is allowed only one temporary permit within any 12-month period.
THE PERMIT WILL BE GRANTED ONLY IF ALL MATERIALS REQUIRED FOR LICENSING ARE SUBMITTED IN ONE PACKAGE AND IT IS COMPLETE. OTHERWISE, YOUR APPLICATION WILL BE RETURNED TO YOU FOR COMPLETION. NO ACTION WILL BE TAKEN UNTIL YOU SUBMIT A COMPLETE APPLICATION.
The Bureau of Labor and Industries will assist you in any way possible in order to complete the licensing process. Please contact us at (503)373-1463 if you have further questions or wish to make an appointment for an office visit.
Bureau of Labor & Industries
Wage & Hour Division - Licensing Unit
3865 Wolverine St NE; E-1
Salem, OR 97305
Telephone: (503) 373-1463
Fax: (503) 373-7636