BILL NUMBER: AB 1723	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY  AUGUST 27, 2004
	PASSED THE SENATE  AUGUST 25, 2004
	AMENDED IN SENATE  AUGUST 23, 2004
	AMENDED IN SENATE  SEPTEMBER 8, 2003
	AMENDED IN ASSEMBLY  APRIL 21, 2003

INTRODUCED BY   Assembly Member Koretz

                        FEBRUARY 27, 2003

   An act to add Section 213.5 to the Labor Code, relating to wages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1723, Koretz.  Agricultural employees:  direct deposit.
   Existing law permits employers, under most circumstances, to pay
an employee's wages directly into an account qualifying for
participation in a direct deposit plan at a financial institution.
   This bill would require an agricultural employer, as defined,
employing 25 or more agricultural employees, as defined, during any
calendar week in the year preceding a request for direct deposit, to
comply with an employee's written request for payment of wages by
direct deposit.
   This bill would require the Labor and Workforce Development Agency
to notify agricultural employees of their rights under this bill to
be paid by direct deposit.  The bill would also require the agency to
prepare sample materials and forms to be used by agricultural
employees to obtain direct deposit of wages, and by agricultural
employers to offer employees the option of receiving payment by
direct deposit.
   This bill would remain in effect only until January 1, 2010.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 213.5 is added to the Labor Code, to read:
   213.5.  (a) (1) An agricultural employee who maintains an account
qualifying for participation in a direct deposit plan available at
any financial institution may request that his or her employer pay
the employee's wages by depositing them directly into the employee's
account at a financial institution of the employee's choice.  The
employee's request must be in writing and must include any
information necessary to implement the direct deposit or any
information that is required to establish direct deposit by the bank,
savings and loan association, or credit union where the employee's
account is maintained.
   (2) An agricultural employer who employs 25 or more agricultural
employees during any calendar week in the year preceding a request
made pursuant to this subdivision and who receives a request for
direct deposit that satisfies the requirements of this subdivision
shall, within 30 days of receipt of the employee's request, comply
with the request by implementing payment of wages by direct deposit
into the requesting employee's account. The agricultural employer is
not required to comply with the employee's request if compliance
would violate the provisions of any applicable collective bargaining
agreement governing the employment relationship.
   (b) (1) The Labor and Workforce Development Agency shall notify
all agricultural employers in writing regarding the provisions of
subdivision (a) at least once before July 1, 2005, and again before
January 1, 2006.  The notification may be included in a document
created primarily to disseminate information regarding other programs
that are administered by the agency.
   (2) The agency shall develop and make available sample written
materials and forms to be used by agricultural employees to obtain
direct deposit of wages, and by agricultural employers to offer
employees the option of receiving payment by direct deposit.  The
materials and forms shall be made available in English and in the
following non-English languages:  Chinese, Korean, Spanish, Tagalog,
and Vietnamese.
   (c) For purposes of this section, the following definitions apply:

   (1) "Agricultural employee" has the same meaning as defined in
subdivision (b) of Section 1140.4.
   (2) "Agricultural employer" has the same meaning as defined in
subdivision (c) of Section 1140.4.  Notwithstanding subdivision (c)
of Section 1140.4, "agricultural employer" shall include farm labor
contractors, as defined in subdivision (b) of Section 1682, any
person supplying agricultural workers to an employer, and any person
functioning in the capacity of a farm labor contractor.
  (d) This section shall remain in effect only until January 1, 2010,
and as of that date is repealed.