BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 516
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          Date of Hearing:   June 26, 2013

                     ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
                               Roger Hernández, Chair
                    SB 516 (Steinberg) - As Amended:  May 7, 2013

           SENATE VOTE  :   38-0
           
          SUBJECT  :   Foreign labor contractors: registration.

           SUMMARY  :   Requires foreign labor contractors to register with  
          the Labor Commissioner, as well as follow additional contractual  
          and bonding requirements, as specified.  Specifically,  this  
          bill  :   

          1)Requires, on and after July 1, 2015, any person acting as a  
            foreign labor contractor to register with the Labor  
            Commissioner.

          2)Requires the Labor Commissioner (on and after August 1, 2015)  
            to post on its website the names and contact information for  
            all registered foreign labor contractors.

          3)Provides that the Labor Commissioner may not register a person  
            to act as a foreign labor contractor, and may not renew a  
            registration, until all of the following conditions are  
            satisfied:

             a)   The person has executed a written application containing  
               specified information.

             b)   The Labor Commissioner, after investigation, is  
               satisfied as to the character, competency, and  
               responsibility of the person.

             c)   The person has deposited a surety bond as follows:

               i)     For gross receipts up to $500,000, a $25,000 bond.

               ii)    For gross receipts of $500,000 to $2 million, a  
                 $50,000 bond.

               iii)   For gross receipts over $2 million, a $75,000 bond.

             d)   The person has paid a registration fee of $500 plus a  








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               filing fee of $10.

          4)Provides that the Labor Commissioner may not register a person  
            as a foreign labor contractor if the person was found to have  
            violated specified provisions of state and federal law.

          5)Requires, on and after July 1, 2015, a person using the  
            services of a foreign labor contractor to disclose specified  
            information to the Labor Commissioner.

          6)Prohibits a person from knowingly entering into a contract for  
            the services of a foreign labor contractor that is not  
            registered.

          7)Requires a person using or anticipating using the services of  
            a foreign labor contractor to deposit with the Labor  
            Commissioner a surety bond as follows:

               i)     For payrolls up to $500,000, a $25,000 bond.

               ii)    For payrolls of $500,000 to $2 million, a $50,000  
                 bond.

               iii)   For payrolls over $2 million, a $75,000 bond.

          8)Requires a foreign labor contractor to disclose in writing  
            specified information to each foreign worker who is recruited  
            for employment.

          9)Prohibits a foreign labor contractor or a person using the  
            services of a foreign labor contractor from assessing any fee,  
            including, but not limited to, visa fees, processing fees,  
            transportation fees, legal expenses, placement fees, and other  
            costs, to a foreign worker for employment services.

          10)Provides that a foreign worker may not be required to pay any  
            costs or expenses that are not customarily assessed against  
            all workers similarly employed, as specified.

          11)Provides that a person may not intimidate, threaten,  
            restrain, coerce, discharge, or in any manner discriminate  
            against a foreign worker or a member of his or her family in  
            retaliation for a foreign worker's exercise of any rights  
            under the law.









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          12)Provides that a person who violates any provision of these  
            requirements shall be subject to a civil penalty of not less  
            than $1,000 and not more than $25,000 per violation.

          13)Provides that the Labor Commissioner or an aggrieved person  
            may bring enforcement actions, as specified.

          14)Provides that foreign labor contractors and those persons  
            using their services to obtain foreign workers or employees  
            are jointly and severally liable for violations.

          15)Provides that a person who, upon information and belief,  
            claims a violation of the law has been committed may bring a  
            civil action for injunctive relief on behalf of the general  
            public and, upon prevailing, shall recover reasonable  
            attorney's fees and costs.

          16)Makes related and conforming changes.

          17)Makes related legislative findings and declarations.

           EXISTING LAW  :

          1)Defines a "foreign labor contractor" as any person who for  
            compensation agrees to assist in securing or who actually  
            secures for or provides employment services to foreign  
            workers.

          2)Defines "employment services" to include, but not be limited  
            to, procuring employment, marketing labor, or otherwise  
            arranging the employment or transportation, housing, and other  
            living accommodations for foreign workers.

          3)Requires foreign labor contractors to provide to a foreign  
            worker the material terms of a work contract, prohibits a  
            foreign labor contractor from asserting false, fraudulent, or  
            misleading information, and prohibits retaliation by a foreign  
            labor contractor against a foreign worker, who makes a claim  
            against the foreign labor contractor for violations of the  
            law.

           FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee, the Department of Industrial Relations (DIR)  
          estimates that it would incur first-year costs of $756,000  
          (special funds) and $606,000 ongoing to implement the provisions  








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          of the bill.

           COMMENTS  :  In 1988, after hearing testimony that labor agents  
          were recruiting foreign workers by making false representations  
          and promises of employment, the Legislature enacted AB 4554  
          (Roybal-Allard, Ch. 1450, Stats. 1988) to address some of the  
          abuses by labor agents.  AB 4554 contained disclosure and  
          contract requirements aimed at providing foreign labor workers  
          with information regarding their wages and other terms of  
          employment.

          Since 1988, abusive treatment and working conditions of foreign  
          labor workers has continued.  A recent study of labor practices  
          with respect to foreign labor workers in the United States found  
          that "regardless of visa category, employment sector, race,  
          gender or national origin, internationally recruited workers  
          face disturbingly common patterns of recruitment abuse,  
          including fraud, discrimination, severe economic coercion,  
          retaliation, blacklisting and, in some cases, forced labor,  
          indentured servitude, debt bondage and human trafficking."  (The  
          American Dream Up For Sale:  A Blueprint for Ending  
          International Labor Recruitment Abuse, The International Labor  
          Recruitment Working Group (Feb. 5, 2013)  
            [as of  
          Apr. 20, 2013], at p. 5.)  This report concluded that "disparate  
          rules and requirements for workers, employers and recruiters, as  
          well as lax enforcement of the regulations that do exist, allow  
          and even incentivize recruiters and employers to engage in  
          abuses."  (Id.)  

          According to the Office of Immigration Statistics within the  
          Department of Homeland Security, there were approximately  
          150,000 foreign temporary workers in California as of September  
          2011.  (Office of Immigration Statistics, 2011 Yearbook of  
          Immigration Statistics, U.S. Dept. of Homeland Security (Sept.  
          2012)  (as of Apr. 20, 2013),  
          Supplemental Table 3 Nonimmigrant Admissions (I-94 Only) by  
          Class of Admission and State or Territory of Destination: Fiscal  
          Year 2011.)  These foreign temporary workers maintain lawful  
          nonimmigration status and are authorized to work in California  
          under various classifications of federal work visas.  However,  
          concerns have arisen that the visa process itself has provided  
          opportunities for labor recruiters to exploit foreign workers. 









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          Existing federal law, the Trafficking Victim Protection Act of  
          2000 (TVPA) (P.L. 106-386, reauthorized by P.L. 113-4) combats  
          the use of force, fraud, or coercion for the purpose of  
          subjecting an individual to involuntary servitude, peonage, debt  
          bondage, or slavery.  In order to further combat the growing  
          problem of foreign labor abuses, this bill would provide  
          supplemental disclosure requirements, prohibitions on  
          mistreatment of foreign temporary workers, and authorize  
          additional enforcement actions.


           KEY PROVISIONS OF THIS BILL  

           Registration of Foreign Labor Contractors and Related  
          Requirements  

          This bill, as of January 1, 2015, would require the Labor  
          Commissioner to establish registration requirements for a person  
          acting as a foreign labor contractor.  This bill, as of July 1,  
          2015, would require a person acting as a foreign labor  
          contractor to register with the Labor Commissioner.

          This bill would prohibit the registration or renewal of a person  
          acting as a foreign labor contractor unless all of the following  
          conditions are satisfied:

                 The person has executed a written application in a form  
               prescribed by the commissioner, subscribed and sworn to by  
               the person, and containing all of the following: (1) a  
               statement by the person of all facts required by the  
               commissioner concerning the applicant's character,  
               competency, responsibility, and the manner and means by  
               which the person proposes to conduct operations as a  
               foreign labor contractor if registered; (2) the names and  
               addresses of all persons, except bona fide employees on  
               stated salaries, financially interested, either as  
               partners, associates, or profit sharers, in the proposed  
               operation as a foreign labor contractor, together with the  
               amount of their respective interests; and (3) a declaration  
               consenting to the designation by a court or the  
               commissioner as an agent available to accept service of  
               summons in any action against the registrant, if the  
               registrant has left the jurisdiction in which the action is  
               commenced or otherwise has become unavailable to accept  
               service;








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                 The commissioner, after investigation, is satisfied as  
               to the character, competency, and responsibility of the  
               person;
                 The person has deposited with the commissioner a surety  
               bond, as specified, in an amount based on the size of the  
               person's annual gross receipts from operations as a foreign  
               labor contractor; however, if the foreign labor contractor  
               has been the subject of a final judgment in a year in an  
               amount equal to that of the bond required, that contractor  
               shall be required to deposit an additional bond within 60  
               days, and shall be conditioned on the foreign labor  
               contractor complying with all foreign labor contractor  
               requirements and paying all damages to any person by  
               failure to do so, or by any violation, or false statements  
               or misrepresentations made in the registration process.   
               The bond shall also be payable for interest on wages and  
               for any damages arising from violation of applicable orders  
               of the Industrial Welfare Commission, and for any other  
               monetary relief awarded to a foreign worker as a result of  
               a violation of law by the foreign labor contractor; and
                 The person has paid to the commissioner a registration  
               fee of $500 plus a $10 dollar filing fee.
             
           This bill would prohibit the registration of a foreign labor  
          contractor who was found by a court, the Secretary of Labor, or  
          the commissioner to have violated any of the following  
          provisions:  (1) the federal Trafficking Victims Protection Act  
          of 2000 (Division A, Public Law 106-386), as amended (TVPA); (2)  
          Labor Code sections 1682 to 1699; (3) Penal Code section 236.1;  
          or (4) an applicable guest worker program.



           Requirements Imposed on Persons Using Services of a Foreign  
          Labor Contractor  

          This bill would require a person using the services of a foreign  
          labor contractor to procure foreign workers or employees to  
          disclose to the Labor Commissioner such use of a foreign labor  
          contractor.  Such disclosure must include, but is not limited  
          to:

                 The names and addresses of all persons (except bona fide  
               employees on stated salaries) financially interested,  
               either as partners, associates, or profit sharers, in the  








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               person's business enterprise, together with the amount of  
               their respective interests;
                 A declaration consenting to the judicial designation of  
               the Labor Commissioner as an agent available to accept  
               service of summons in any action against the person, if the  
               person has left the jurisdiction in which the action is  
               commenced or otherwise has become unavailable to accept  
               service;
                 A copy of the foreign labor contractor's disclosure to  
               all foreign workers or employees obtained by the person  
               through the services of the foreign labor contractor or its  
               agents; and
                 Information about the steps the person has taken to  
               verify the accuracy of the information provided in the  
               foreign labor contractor's disclosure.

          This bill would prohibit a person from knowingly entering into  
          an agreement for the services of a foreign labor contractor that  
          is not registered.
           
           This bill would require a person using or anticipating using the  
          services of a foreign labor contractor to deposit with the Labor  
          Commissioner a surety bond in an amount based on the size of the  
          person's annual payroll for all employees, as specified, and  
          provide that if the person has been the subject of a final  
          judgment in a year in an amount equal to that of the bond  
          required, that person must deposit an additional bond within 60  
          days, and use of the bond will be conditioned on the person  
          complying with all the registration requirements and paying all  
          damages to any person by failure to do so, or by any violation,  
          or false statements or misrepresentations made in complying with  
          the registration requirements.  The bond shall also be payable  
          for interest on wages and for any damages arising from violation  
          of applicable orders of the Industrial Welfare Commission, and  
          for any other monetary relief awarded to a foreign worker as a  
          result of a violation of law by the person.

           Civil Penalties and Remedies to Plaintiff  

          Existing law authorizes the commissioner or person harmed by a  
          violation of the foreign labor contractor laws to bring an  
          action for injunctive relief and damages, and authorizes an  
          award of damages, costs, and reasonable attorney's fees in an  
          amount no less than $500 to the prevailing victim.  (Bus. &  
          Prof. Code Sec. 9998.8(b).)  This bill would modify this  








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          provision and authorize a civil penalty, between $1,000 and  
          $25,000, per violation, to be assessed against a person in  
          violation of the foreign labor contractor laws, and would  
          authorize the Labor Commissioner or foreign worker to:

                 Bring an action for injunctive relief against a person  
               who violates the foreign labor contractor laws and, upon  
               prevailing, recover costs and reasonable attorney's fees.
                 Bring an action for damages, against the person to  
               recover the greater of actual damages or $500 per employee  
               per violation for an initial violation, and $1,000 per  
               employee for each subsequent violation, and, upon  
               prevailing in the action, recover costs and reasonable  
               attorney's fees; and
                 Enforce the liability on the bonds of the foreign labor  
               contractor or employer.

          The author argues that a statutory civil penalty is necessary to  
          offset the large amounts of money that many foreign workers lose  
          as a result of the predatory tactics utilized by unscrupulous  
          foreign labor contractors, and to serve as a deterrent to those  
          defrauding these workers.  Further, existing law authorizes farm  
          workers to file an action against an unlawful employer for  
          injunctive relief, damages, and attorney's fees.  (See Lab. Code  
          Secs. 1697(b) and 1697.1(c).)  Notably, this bill would provide  
          the same rights of action and remedies as the Legislature has  
          already provided to farm workers. 

           Joint and Several Liability  

          This bill would make foreign labor contractors, and those  
          persons using their services to obtain foreign workers or  
          employees, jointly and severally liable for violations of the  
          foreign labor contractor laws.  This provision is similar in  
          concept to Labor Code section 2753, which imposes joint and  
          several liability on a person who, for money or other valuable  
          consideration, knowingly advises an employer to treat an  
          individual as an independent contractor to avoid employee  
          status.

          According to the author and sponsor, this bill, by making both  
          the foreign labor contractor and the employer jointly and  
          severally liable for violations of the foreign labor contractor  
          law, would provide additional deterrence from unlawful conduct  
          by unscrupulous foreign labor contractors and employers who use  








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          their services.

           Private Attorney General Right of Action  

          This bill would authorize a person who, upon information and  
          belief, claims a violation of the foreign labor contractor laws  
          to bring a civil action for injunctive relief on behalf of the  
          general public.  This bill would authorize this person, upon  
          prevailing in such action, to recover attorney's fees and costs.  
           

          This provision is substantially similar to a private attorney  
          general right of action provided to protect farm workers from  
          specified unlawful employment abuses related to charges for  
          transportation costs committed by farm labor contractors.  (See  
          Lab. Code Sec. 1697.1(d).)

          This bill would also authorize the Labor Commissioner, or  
          deputies and representatives authorized by the Labor  
          Commissioner, to take assignments of actions on the foreign  
          labor contractor's bonds and prosecute actions on behalf of  
          foreign workers who are harmed by violations of the foreign  
          labor contractor laws and who, in the judgment of the  
          commissioner, are financially unable to hire an attorney.  This  
          provision is also modeled after the farm worker protections in  
          Labor Code section 1693 related to farm labor contractors.







           ARGUMENTS IN SUPPORT  :

          The author writes the following in support of this bill:
            
            "Foreign labor contractors are increasingly relied upon to  
            facilitate the migration of labor from one country to another.  
             California is the leading destination state in the U.S. for  
            temporary foreign workers with over 100,000 temporary workers  
            annually.

            While many contractors behave ethically and lawfully, others  
            do not.  They misuse U.S. visa programs to exploit workers,  








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            often charging exorbitant fees for their services, forcing  
            workers into debt bondage, falsifying documents, and deceiving  
            workers about the terms and conditions of proposed employment.  
             

            Unscrupulous foreign labor contractors threaten workers with  
            blacklisting, discrimination, and other forms of retaliation,  
            including the imposition of additional fees and violence  
            against themselves, family members, or their home communities,  
            for reporting abuses or seeking to escape their fraudulently  
            induced servitude.  Legislation is needed to prevent human  
            trafficking and forced labor of foreign workers in California  
            resulting from the exploitative and abusive practices of  
            foreign labor contractors."

          The Coalition to Abolish Slavery & Trafficking (CAST), sponsor  
          of this bill, asserts that foreign workers entering California  
          on temporary work visas are vulnerable to exploitation and human  
          trafficking.  Foreign labor contractors, after making false  
          promises to foreign workers to entice them to work in  
          California, employ intimidation, threats, restraint, and  
          coercion against foreign workers to enslave them in debt bondage  
          by charging exorbitant recruitment fees to the foreign worker,  
          who is then forced to work to pay off of the recruitment fees.   
          CAST provides the following examples:

            "In 2012, six Mexican workers were fraudulently recruited to  
            come to the United States to work in forestry.   The recruiter  
            came to their small town in rural Mexico to convince the  
            workers to work in Northern California.   The workers were  
            promised a good salary and free room and board in the United  
            States (U.S.).   Relying on these promises the workers entered  
            the [U.S.] on H2B visas [nonimmigrant visas primarily issued  
            to foreign nationals to enter into the U.S. temporarily and  
            engage in nonagricultural employment which is seasonal,  
            intermittent, a peak load need, or a one-time occurrence]  
            arranged by the recruiters and traveled to California.    
            However, once in the [U.S.], their conditions were vastly  
            different than promised.   They were charged extremely high  
            deductions for room and board and were often not paid for  
            their labor.   They were forced to live and work in dangerous  
            conditions, sleeping in tents in the wilderness, living  
            without electricity, and denied clean drinking water.   The  
            workers were kept in terror of their traffickers, who were  
            armed and repeatedly threatened to shoot and kill the workers  








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            if they did not comply with the traffickers' demands.  

            [Ten] Filipino hotel workers . . . were fraudulently induced  
                                        to come to the [U.S.] on H2B visas and work in California,  
            Arizona and Florida.   The workers were induced to take out  
            high interest loans to pay the thousands of dollars charged by  
            the traffickers as placement fees.   They were promised a good  
            salary, free room and board, and the chance to receive their  
            lawful permanent residence.   Once in the [U.S.], the workers  
            were not paid what they were promised and faced high  
            deductions for room and board.   When the workers complained  
            about their wages and attempted to seek other work, they were  
            threatened by their employers who repeatedly told them that  
            they would be arrested and deported if they left their jobs.   
            Terrified[,] the workers knew that they had no choice but to  
            continue to work for their traffickers against their will. 

            More than 250 Thai workers were fraudulently recruited to come  
            to the [U.S.] on temporary work visas.  The recruiters induced  
            the workers to pay recruitment fees as high as $25,000 and  
            promised them lucrative jobs in agriculture work in the  
            [U.S.].  In the [U.S.], they were forced to work on farms in  
            Washington State and Hawaii by an agency that has offices in  
            California.  The traffickers confiscated the workers'  
            passports and threatened them with deportation if they  
            complained.   The Thai workers were often forced to live [in]  
            housing infested with rats and insects and [were] forbidden  
            from leaving the farm.  They endured physical violence and  
            threats, which left them terrified of their traffickers."  

          The author further asserts that "businesses are profiting at the  
          expense of enslaved workers, often unwittingly.  Businesses need  
          the additional information and support of the registration  
          systems to ensure they protect both [U.S.] workers [as] well as  
          those recruited internationally by foreign labor recruiters.   
          Companies who behave ethically and use registered foreign labor  
          recruiters will benefit from the system and not be liable.   
          Workers will benefit as well since they will be provided more  
          information and access to relief if they are abused while  
          working in California.  Moreover, in a broader context,  
          subjecting all employers who employ foreign workers to a common  
          standard will level the competitive playing field for  
          all-particularly the many businesses who do treat workers  
          fairly."









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           ARGUMENTS IN OPPOSITION  :

          A coalition of employer groups, including the California Chamber  
          of Commerce, opposes this bill and writes the following:

            "According to [this bill], any person or company that assists  
            in securing or actually secures or provides employment to  
            foreign workers for compensation is a foreign labor contractor  
            (FLC), and as such, any employer who hires a foreign worker  
            would be subject to the requirements of the bill.   
            Accordingly, this sweeping definition appears to include  
            employers of all foreign workers who enter the U. S.  
            legitimately through different types of visas.  These workers  
            are often assisted by a variety of entities, or recruited by  
            the employer, all of which under this bill will be designated  
            as foreign labor contractors.  Examples of included foreign  
            employees:

                 Computer engineers, doctors, nurses, medical  
               specialists, and researchers.
                 International college students that come out in groups  
               to work in theme parks and resorts seasonally.
                 Hospitality workers for hotels and restaurants.
                 Actors and other professionals for movie and television  
               production.

            The most alarming requirements in the bill include, but are  
          not limited to:

                 All FLCs must register with the Labor Commissioner and  
               post a bond.  The registration includes detailed  
               information, any of which is incomplete or inaccurate could  
               be viewed as a violation and the FLC could be subject to  
               penalties and a lawsuit. The employer would be jointly  
               liable.
                 The employer must disclose to the Labor Commissioner the  
               use of, or planned use of a FLC, and post a surety bond.   
               Not using a registered FLC subjects the employer to  
               penalties.
                 Any violation is equally punishable, without any showing  
               of harm by the FLC.  The employer is jointly liable.   
               Furthermore, no actual harm must be shown to bring a  
               private right of action; anyone who believes there is a  
               violation can file a lawsuit. 









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          In addition, opponents argue that "[i]mmigration reform is  
          currently being debated in congress. Both the House of  
          Representatives and the Senate are taking up bills to address  
          various aspects of immigration, including foreign labor  
          contractors in the Senate.  The conversation in California is  
          premature given the rapid pace with which reform is moving in  
          congress? [this bill] creates duplicative, overlapping and more  
          onerous requirements than the language in the congressional  
          Senate bill (S. 744).  California should wait until federal  
          immigration reform has been accomplished in order to avoid  
          conflicts with federal requirements.  Should congress and  
          California pass conflicting or duplicative FLC registration and  
          regulation, California employers who hire foreign workers will  
          be at a competitive disadvantage to businesses in other states  
          because they will face higher litigation risks, and higher  
          burdens."

          The Motion Picture Association of America (MPAA) opposes this  
          bill because it argues that a motion picture company that  
          engages an actor, director, or any member of the crew, who is  
          not a citizen, would meet the definition of "foreign labor  
          contractor" and be required to fulfill all of the  
          responsibilities under the bill, including registering with the  
          Labor Commissioner and posting a surety bond.  MPAA also  
          contends that the private attorney general provision of the bill  
          "means any enterprising individual will be able to state a claim  
          for a potential minor violation of the bill's provisions" and  
          would be able to pursue frivolous cases against MPAA member  
          companies as potential "deep pockets."

           COMMITTEE STAFF COMMENTS  :

           1)Proposed Amendment to Exclude Licensed Talent Agencies

           The Association of Talent Agents (ATA) expressed concerns that  
          the introduced version of this bill inadvertently included  
          talent agencies that already fall under the regulatory oversight  
          of the Department of Industrial Relations.  Existing law  
          (commencing with Labor Code section 1700), among other things,  
          subjects talent agents to background checks, fingerprinting,  
          acceptable conduct standards, surety bond requirements, and  
          specific limitations on fees.

          In response to this concern, the author has agreed to exclude  
          licensed talent agencies from the provisions of the bill with  








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          proposed amendment language as follows:

               On page 4, in line 37, after the period insert:

               "Foreign labor contractor" does not include a person  
               licensed by the Labor Commissioner as a talent agency under  
               Chapter 4 (commencing with Section 1700) of the Labor  
               Code."


          Committee staff has been advised that with this proposed  
          amendment, ATA will remove its opposition to the bill.  Since  
          this bill has been double-referred to the Assembly Judiciary  
          Committee, the author will be taking this amendment in that  
          committee.
           
          2)Direct Employer Conduct vs. Third-Party Foreign Labor  
            Contractors  

          As noted above, opponents express concern that the breadth of  
          the bill could include within the definition of the bill  
          employers that directly secure the employment of foreign  
          workers, such as in assisting with work visas and similar  
          activities.  Specifically, opponents contend that, under this  
          bill any person or company that assists in securing or actually  
          secures or provides employment to foreign workers for  
          compensation is a FLC, and as such, any employer who hires a  
          foreign worker would be subject to the requirements of the bill.  
           They contend that this "sweeping definition" appears to include  
          employers of all foreign workers who enter the country  
          legitimately through different types of visas.

          The author and the sponsor indicate that the provisions of this  
          bill related to FLCs are intended to regulate third-party actors  
          that engage in these services, not necessarily employers who  
          engage in these services directly on their own.  Therefore, in  
          response to these concerns, the author proposes to amend this  
          bill as follows:

               On page 4, in line 28, after the period insert:

               "Employment services" do not include the activities of an  
               employer, or employee of an employer, if those services are  
               provided directly to foreign workers solely to find workers  
               for the employer's own use, and are provided without the  








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               participation of any foreign labor contractor."

          Since this bill has been double-referred to the Assembly  
          Judiciary Committee, the author will be taking this amendment in  
          that Committee.

          It should be noted that this bill will continue to impose  
          specified requirements on persons using or anticipating using  
          the services of a foreign labor contractor, as discussed above.

           3)Provisions of the Bill Related to Civil Penalties, Joint and  
            Several Liability and Private Attorney General Right of Action  

          As discussed above, the bill contains specific provisions  
          related to civil penalties, joint and several liability, and  
          private attorney general rights of action.  As noted above,  
          opponents have raised significant concerns with these provisions  
          of the bill.  This bill has been double-referred to the Assembly  
          Judiciary Committee, where a more thorough discussion of these  
          specific provisions may be more appropriate.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Alliance to End Slavery and Trafficking
             Coalition to Abolish Slavery and Trafficking
             Coalition of Immokalee Workers
             International Justice Mission
             Safe Horizon
             Solidarity Center
             Verite
             Vital Voices Global Partnership  
           American Association of University Women - California
          California Labor Federation, AFL-CIO
          California Rural Legal Assistance Foundation
          District Attorney, City and County of San Francisco
          Food Chain Workers Alliance
          National Council of Jewish Women-California
          Pilipino Workers Center of Southern California
          Polaris Project
          Religious of the Sacred Heart of Mary
            Religious Sisters of Charity
          Thai Community Development Center









                                                                  SB 516
                                                                  Page  16

           Opposition 
           
          American Council of Engineering Companies - California
          Bay Area Council
          California Attractions and Parks Association
          California Chamber of Commerce
          California Hospital Association
          California Hotel and Lodging Association 
          California Manufacturers and Technology Association 
          California Restaurant Association
          California Ski Industry Association
          California Travel Association
          Los Angeles Chamber of Commerce 
          Motion Picture Association of America
          Motion Picture Association of America 
          National Federation of Independent Business
          Southwest California Legislative Council
          TechAmerica
          TechNet
          Valley Industry and Commerce Association



           Analysis Prepared by  :    Ben Ebbink / L. & E. / (916) 319-2091