Amended in Senate April 21, 2014

Senate Bill No. 1087

Introduced by Senator Monning

( begin delete Coauthor: end delete begin insert Coauthors: end insert Assembly begin delete Member end delete begin insert Members Gonzalez and end insert Medina)

February 19, 2014

An act to amend Sections 1684, 1685, 1690, 1690.1, 1694, 1695, 1695.5, 1695.55, 1696.2, 1696.5, and 1697 of the Labor Code, relating to farm labor contractors, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 1087, as amended, Monning. Farm labor contractors.

Existing law requires farm labor contractors to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to farm labor contractors. Existing law requires farm labor contractors to pay license fees to the begin delete commission who, in turn, is required to deposit those fees into the Farmworker Remedial Account, which is a end delete begin insert Labor Commissioner, and end insert continuously begin delete appropriated special fund end delete begin insert appropriates a portion of the fee revenues for enforcement and verification purposes end insert . Under existing law, a person who violates farm labor contractor requirements is guilty of a begin delete misdemeanor punishable by specified fines, or imprisonment in the county jail for not more than 6 months, or both end delete begin insert misdemeanor end insert .

This bill would prohibit a license to operate as a farm labor contractor from being granted to a person who, within the preceding 3 years, has been found begin insert by a court or an administrative agency end insert to have committed sexual harassment of an employee begin insert , or who, within the preceding 3 years, employed any supervisory employee whom he or she knew or should have known has been found by a court or an administrative agency, within the preceding 3 years of his or her employment with the applicant, to have committed sexual harassment of an employee end insert .

begin insert

Existing law authorizes the Labor Commissioner to revoke, suspend, or refuse to renew a farm labor contractor’s license under specified circumstances, including that the licensee or an agent of the licensee violated or failed to comply with certain laws.

end insert begin insert

This bill would additionally authorize the Labor Commissioner to revoke, suspend, or refuse to renew a farm labor contractor’s license if the licensee has been found by a court or an administrative agency to have committed sexual harassment of an employee, or has employed a supervisory employee whom he or she knew or should have known has been found by a court or an administrative agency, within the preceding 3 years, to have committed sexual harassment of an employee.

end insert

This bill would increase the license fee paid by an applicant from $500 to $600, thereby making an appropriation. The bill would require the fee increase to be expended by the Labor Commissioner to fund the Farm Labor Contractor Enforcement Unit and the Farm Labor Contractor License Verification Unit. The bill would require an applicant to provide the names and addresses of all persons who performed specified services for him or her in the previous year, in order to be issued a license to act as a farm labor contractor. The bill would require begin delete the employees end delete begin insert each employee end insert of an applicant for licensure as a farm labor contractor to register as begin insert a end insert farm labor contractor begin delete employees end delete begin insert employee end insert pursuant to federal law, if that registration is required under federal law. The bill would also increase the amount of the surety bond that is required to be deposited with the begin delete commissioner end delete begin insert Labor Commissioner end insert in order to be issued a license to act as a farm labor contractor by $25,000 or $50,000 based upon the size of the person’s annual payroll, and require documentation of the payroll size. The bill would require that the bond be conditioned upon compliance with, and payment of all damages occasioned by failure to comply with, provisions prohibiting begin delete sexual end delete begin insert unlawful workplace end insert harassment, as specified.

Existing law requires an applicant for licensure as a farm labor contractor to have taken a written examination that demonstrates an essential degree of knowledge of current laws and regulations concerning farm labor contractors and authorizes the begin delete commissioner end delete begin insert Labor Commissioner end insert to charge a fee of not more than $100 to cover the cost of administering the begin delete exam end delete begin insert examination end insert .

This bill would require that exam to cover laws and regulations concerning sexual harassment in the workplace. The bill would authorize the begin delete commissioner end delete begin insert Labor Commissioner end insert to consult with the Department of Fair Employment and Housing in preparing the begin delete exam end delete begin insert examination end insert . The bill would also increase the maximum amount the begin delete commissioner end delete begin insert Labor Commissioner end insert may charge for developing and administering the exam to $200.

Existing law authorizes the begin delete commissioner end delete begin insert Labor Commissioner end insert to renew a license without requiring the applicant to take the examination if during the previous year the applicant has not been found to be in violation of specified laws and regulations, and meets other criteria.

This bill would include among those laws that the applicant must not have violated laws and regulations related to begin delete sexual end delete begin insert workplace end insert harassment.

Existing law requires an applicant for a license to act as a farm labor contractor to participate in at least 8 hours of educational classes each year.

This bill would increase the requirement to begin delete 16 end delete begin insert 12 end insert hours of classes and require that those classes include sexual harassment prevention training.

Existing law provides that it is a crime for an employer who has made withholdings from an employee’s wages willfully or with intent to defraud to fail to remit the withholdings to the proper agency or to fail to make any required payments required.

This bill would authorize the begin delete commissioner end delete begin insert Labor Commissioner end insert to refuse to issue or renew the license until the amount of any delinquency under these provisions is fully paid.

Existing law requires every licensee to have a written statement ready for inspection stating the rate of compensation he or she receives from the grower and that he or she is paying to employees, as specified.

This bill would require that this statement begin delete and any agreement with the grower or other farm labor contractor concerning the amount of the commission or the payment made to the licensee for services end delete be provided to a current or former employee or the grower within 21 calendar days of a written request. The bill would make a licensee who fails to comply with this requirement subject to a civil penalty of $750 begin insert recoverable by the employee or grower. The bill would further require a licensee to reduce to writing and maintain for 3 years a copy of any agreement with a grower or other farm labor contractor concerning the amount of the commission or payment made to the licensee for services and produce that agreement in response to a discovery request or subpoena, as specified end insert .

begin insert

Existing law requires a farm labor contractor to furnish, immediately upon request of any agricultural grower with whom the farm labor contractor has a contract to supply farmworkers, a payroll list of all the contractor’s employees working for the grower, as specified.

end insert begin insert

This bill would additionally require the farm labor contractor to make the payroll list available to employees of the Division of Labor Standards Enforcement, as specified, and produce that payroll list in response to a discovery request or subpoena in any civil action or claim for unpaid wages or penalties brought by a current or former employee, as provided.

end insert

Existing law provides that any farm labor contractor who engages in farm labor contracting activities after his or her license has been suspended or revoked is punishable by a fine of not less than $1,000 but not exceeding $5,000, or by imprisonment for not less than 6 months and not more than one year, or both.

This bill would instead provide that any farm labor contractor who engages in farm labor contracting activities after his or her license has been suspended, revoked, or denied reissuance is punishable by a fine of not less than $10,000, or by imprisonment for not less than 6 months and not more than one year, or both.

Existing law provides that any violation of these provisions is a begin delete crime punishable by a fine of not more than $1,000, or imprisonment in a county jail for not more than 6 months, or both end delete begin insert misdemeanor end insert . Because this bill would change various provisions, the violation of begin delete which, are crimes, end delete begin insert which are misdemeanors, end insert this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1684 of the Labor Code is amended to
read:

1684.  

(a) The Labor Commissioner shall not issue to any
person a license to act as a farm labor contractor, nor shall the
Labor Commissioner renew that license, until all of the following
conditions are satisfied:

(1) The person has executed a written application in a form
prescribed by the Labor Commissioner, subscribed and sworn to
by the person, and containing all of the following:

(A) A statement by the person of all facts required by the Labor
Commissioner concerning the applicant’s character, competency,
responsibility, and the manner and method by which the person
proposes to conduct operations as a farm labor contractor if the
license is issued.

(B) 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 farm labor contractor, together with the amount of their respective
interests.

(C) A declaration consenting to the designation by a court of
the Labor Commissioner as an agent available to accept service
of summons in any action against the licensee if the licensee has
left the jurisdiction in which the action is commenced or otherwise
has become unavailable to accept service.

(D) The names and addresses of all persons who in the previous
calendar year performed any services described in subdivision (b)
of Section 1682 within the scope of his or her employment by the
licensee on whose behalf he or she was acting, unless the person
was employed as an independent contractor.

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

(3) (A) The person has deposited with the Labor Commissioner
a surety bond in an amount based on the size of the person’s annual
payroll for all employees, as follows:

(i) For payrolls up to five hundred thousand dollars ($500,000),
a fifty-thousand-dollar ($50,000) bond.

(ii) For payrolls of five hundred thousand dollars ($500,000) to
two million dollars ($2,000,000), a one-hundred-thousand-dollar
($100,000) bond.

(iii) For payrolls greater than two million dollars ($2,000,000),
a one-hundred-fifty-thousand-dollar ($150,000) bond.

(B) For purposes of this paragraph, the Labor Commissioner
shall require documentation of the size of the person’s annual
payroll which may include, but is not limited to, information
provided by the person to the Employment Development
Department, the Franchise Tax Board, the Division of Workers’
Compensation, the insurer providing the licensee’s workers’
compensation insurance, or the Internal Revenue Service.

begin delete

If

end delete

begin insert (C) end insert begin insert   end insert begin insert If end insert the contractor has been the subject of a final judgment in
a year in an amount equal to or greater than the amount of the bond
required, he or she shall be required to deposit an additional bond
within 60 days.

begin delete

All

end delete

begin insert (D) end insert begin insert   end insert begin insert All end insert bonds required under this chapter shall be payable to
the people of the State of California and shall be conditioned upon
the farm labor contractor’s compliance with all the terms and
provisions of this chapter and subdivisions (j) and (k) of Section
12940 of, and Sections 12950 and 12950.1 of, the Government
Code, and payment of all damages occasioned to any person by
failure to do so, or by any violation of this chapter or of subdivision
(j) or (k) of Section 12940 of, or of Section 12950 or 12950.1 of,
the Government Code, or false statements or misrepresentations
made in the procurement of the license. The bond shall also be
payable for interest on wages and for any damages arising from
violation of orders of the Industrial Welfare Commission, and for
any other monetary relief awarded to an agricultural worker as a
result of a violation of this code or of subdivision (j) or (k) of
Section 12940 of, or Section 12950 or 12950.1 of, the Government
Code.

(4) The person has paid to the Labor Commissioner a license
fee of five hundred dollars ($500) plus a filing fee of ten dollars
($10). However, begin delete where end delete begin insert when end insert a timely application for renewal is
filed, the ten-dollar ($10) filing fee is not required. The license fee
shall increase by one hundred dollars ($100), to six hundred dollars
($600), on January 1, 2015. The increased fee shall be expended
by the Labor Commissioner to fund the Farm Labor Contractor
Enforcement Unit and the Farm Labor Contractor License
Verification Unit. Notwithstanding Section 1698, no portion of
that increase shall be credited to the General Fund. The Labor
Commissioner shall deposit one hundred fifty dollars ($150) of
each licensee’s annual license fee into the Farmworker Remedial
Account. Funds from this account shall be disbursed by the Labor
Commissioner only to persons determined by the Labor
Commissioner to have been damaged by any licensee if the damage
exceeds the amount of begin delete the , end delete begin insert the end insert licensee’s bond or the surety fails
to pay the full amount of the licensee’s bond, or to persons
determined by the Labor Commissioner to have been damaged by
an unlicensed farm labor contractor. In making these
determinations, the Labor Commissioner shall disburse funds from
the Farmworker Remedial Account to satisfy claims against farm
labor contractors or unlicensed farm labor contractors, which shall
also include interest on wages and any damages arising from the
violation of orders of the Industrial Welfare Commission, begin delete and end delete for
any other monetary relief awarded to an agricultural worker as a
result of a violation of this code. The Labor Commissioner may
disburse funds from the Farmworker Remedial Account to farm
labor contractors, for payment of farmworkers, begin delete where end delete begin insert when end insert a
contractor is unable to pay farmworkers due to the failure of a
grower or packer to pay the contractor. Any disbursed funds
subsequently recovered by the Labor Commissioner pursuant to
Section 1693, or otherwise, shall be returned to the Farmworker
Remedial Account.

(5) The person has taken a written examination that demonstrates
an essential degree of knowledge of the current laws and
administrative regulations concerning farm labor contractors as
the Labor Commissioner deems necessary for the safety and
protection of farmers, farmworkers, and the public, begin delete including,
protections from end delete begin insert including the identification and prevention of end insert
sexual harassment in the workplace. To successfully complete the
examinations, the person must correctly answer at least 85 percent
of the questions posed. The examination period shall not exceed
four hours. The examination may only be taken a maximum of
three times in a calendar year. The examinations shall include a
demonstration of knowledge of the current laws and regulations
regarding wages, hours, and working conditions, penalties,
employee housing and transportation, collective bargaining, field
sanitation, and safe work practices related to pesticide use,
including all of the following subjects:

(A) Field reentry regulations.

(B) Worker pesticide safety training.

(C) Employer responsibility for safe working conditions.

(D) Symptoms and appropriate treatment of pesticide poisoning.

(6) The person has registered as a farm labor contractor pursuant
to the federal Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C. begin insert Sec. end insert 1801 et seq.), when registration is required
pursuant to federal law, and that information is provided by the
person to the Labor Commissioner.

(7)  begin delete The end delete begin insert Each of the end insert person’s employees begin delete have end delete begin insert has end insert registered as
a farm labor contractor employee pursuant to the federal Migrant
and Seasonal Agricultural Worker Protection Act (29 U.S.C. begin insert Sec. end insert
1801 et seq.) if that registration is required pursuant to federal law,
and that information is provided by the person to the Labor
Commissioner.

(b)  begin delete (1) end delete begin delete   end delete The Labor Commissioner shall consult with the Director
of Pesticide Regulation, the Department of the California Highway
Patrol, the Department of Housing and Community Development,
the Employment Development Department, the Department of
Fair Employment and Housing, the Department of Food and
Agriculture, the Department of Motor Vehicles, and the Division
of Occupational Safety and Health in preparing the examination
required by paragraph (5) of subdivision (a) and the appropriate
educational materials pertaining to the matters included in the
examination, and may charge a fee of not more than two hundred
dollars ($200) to cover the cost of administration of the
examination.

begin delete

(2) In addition, the

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert person begin delete must end delete begin insert shall also end insert enroll and participate in at least
begin delete 16 end delete begin insert 12 end insert hours of begin delete relevant, end delete begin insert relevant end insert educational classes each year.
The classes shall include sexual harassment prevention training.
The classes shall be chosen from a list of approved classes prepared
by the Labor Commissioner, in consultation with the persons and
entities listed in begin delete paragraph (1) end delete begin insert subdivision (b) end insert and county
agricultural commissioners.

begin delete

(c)

end delete

begin insert (d) end insert  The Labor Commissioner may renew a license without
requiring the applicant for renewal to take the examination
specified in paragraph (5) of subdivision (a) if the Labor
Commissioner finds that the applicant meets all of the following
criteria:

(1) Has satisfactorily completed the examination during the
immediately preceding two years.

(2) Has not during the preceding year been found to be in
violation of any applicable laws or regulations including, but not
limited to, Division 7 (commencing with Section 12501) of the
Food and Agricultural Code, subdivisions (j) and (k) of Section
12940 of, and Section 12950 or 12950.1 of, the Government Code,
Part 1 (commencing with Section 17000) of Division 13 of the
Health and Safety Code, Division 2 (commencing with Section
200), Division 4 (commencing with Section 3200), and Division
5 (commencing with Section 6300) of this code, and Chapter 1
(commencing with Section 12500) of Division 6 of the Vehicle
Code.

(3) Has, for each year since the license was obtained, enrolled
and participated in at least eight hours of relevant, educational
classes, chosen from a list of approved classes prepared by the
Labor Commissioner.

(4) Has complied with all other requirements of this section.

SEC. 2.  

Section 1685 of the Labor Code is amended to read:

1685.  

No license to operate as a farm labor contractor shall be
granted:

(a) To any person who sells or proposes to sell intoxicating
liquors in a building or on premises where he operates or proposes
to operate as a farm labor contractor.

(b) To a person whose license has been revoked within three
begin delete (3) end delete years from the date of application.

(c) To a person who, within the preceding three years, has been
found by a court or an administrative agency to have committed
sexual harassment of an employee begin delete . For purposes of this section,
“person” means any applicant or end delete begin insert , or who, within the preceding
three years, employed end insert any crewleader, mayordomo, foreperson,
or any other employee of the applicant whose duties include the
supervision, direction, or control of any agricultural worker begin delete on
behalf of the applicant end delete begin insert whom the applicant knew or should have
known has been found by a court or an administrative agency,
within the preceding three years of his or her employment with
the applicant, to have committed sexual harassment of an
employee end insert .

SEC. 3.  

Section 1690 of the Labor Code is amended to read:

1690.  

The Labor Commissioner may revoke, suspend, or refuse
to renew any license if it is shown that any of the following have
occurred:

(a) The licensee or any agent of the licensee has violated or
failed to comply with any of the provisions of this chapter.

(b) The licensee has made any misrepresentations or false
statements in his or her application for a license.

(c) The conditions under which the license was issued have
changed or no longer exist.

(d) The licensee, or any agent of the licensee, has violated, or
has willfully aided or abetted any person in the violation of, or
failed to comply with, any law of the State of California regulating
the employment of employees in agriculture, the payment of wages
to farm employees, or the conditions, terms, or places of
employment affecting the health and safety of farm employees,
which is applicable to the business, activities, or operations of the
licensee in his or her capacity as a farm labor contractor.

(e) The licensee, or any agent of the licensee, has failed to
comply with any provisions of the Vehicle Code pertaining to a
farm labor vehicle, as described in begin delete Sections end delete begin insert Section end insert 322 begin delete and 323 end delete
of the Vehicle Code, under the licensee’s control, or has allowed
a farm labor vehicle under his or her control to be operated by a
driver without a valid driver’s license and certificate required
pursuant to Section 12519 of the Vehicle Code.

(f) The licensee has been found, by a court or the Secretary of
Labor, to have violated any provision of the federal Migrant and
Seasonal Agricultural Worker Protection Act begin delete (Chapter 20
(commencing with Section 1801), Title 29, United States Code) end delete
begin insert (29 U.S.C. Sec. 1801 et seq.) end insert , provided that the licensee is required
to register as a farm labor contractor pursuant to federal law.

(g) The licensee begin insert has been found by a court or an administrative
agency to have committed sexual harassment of an employee end insert , or
begin insert has employed end insert any crewleader, mayordomo, foreperson, or any
other employee of the licensee whose duties include the
supervision, direction, or control of any agricultural worker on
behalf of the licensee, begin insert whom the licensee knew or should have
known end insert has been found by a court or an administrative agency begin insert ,
within the preceding three years, end insert to have committed sexual
harassment of an employee.

SEC. 4.  

Section 1690.1 of the Labor Code is amended to read:

1690.1.  

(a)  begin insert (1) end insert begin insert   end insert If begin delete any end delete begin insert a end insert licensee fails to remit the proper
amount of worker contributions required by Chapter 4
(commencing with Section 901) of Part 1 of Division 1 of the
Unemployment Insurance Code, or the Employment Development
Department has made an assessment for begin delete such end delete unpaid worker
contributions against the licensee that is final, the Labor
Commissioner shall, upon written notice by the Employment
Development Department, refuse to issue or renew the license of
begin delete such end delete begin insert that end insert licensee until begin delete such end delete begin insert the end insert licensee has fully paid the amount
of delinquency for begin delete such end delete begin insert the end insert unpaid worker contributions.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert Labor Commissioner shall not, however, refuse to renew
the license of a licensee under this section until the assessment for
unpaid worker contributions is final and unpaid, and the licensee
has exhausted, or failed to seek, his right of administrative review
of begin delete such end delete begin insert that end insert final assessment, pursuant to Chapter 4 (commencing
with Section 901) of Part 1 of Division 1 of the Unemployment
Insurance Code.

(b) If any licensee fails to remit the amounts required by Section
227, the Labor Commissioner shall refuse to issue or renew the
license of the licensee until the delinquent amount has been paid
in full.

SEC. 5.  

Section 1694 of the Labor Code is amended to read:

1694.  

begin delete When end delete begin insert If end insert a licensee has departed from the state or has left
the jurisdiction in which a violation of this chapter is alleged to
have occurred with intent to defraud creditors or to avoid service
of summons in any action brought under this chapter, service shall
be made upon the surety as prescribed in the Code of Civil
Procedure. A copy of the summons shall be mailed to the licensee
at the last known post office address of his begin insert or her end insert residence, as
shown by the records of the Labor Commissioner. Service is
complete as to the licensee, after mailing, at the expiration of the
time prescribed by the Code of Civil Procedure for service of
summons in the particular court in which suit is brought.

SEC. 6.  

Section 1695 of the Labor Code is amended to read:

1695.  

(a) Every licensee shall do all of the following:

(1) Carry his or her license and proof of registration issued
pursuant to paragraph (8) with him or her at all times and exhibit
the same to all persons with whom he or she intends to deal in his
or her capacity as a farm labor contractor prior to so dealing.

(2) File at the United States Post Office serving the address of
the licensee, as noted on the face of his or her license, with the
office of the Labor Commissioner, and with the agricultural
commissioner of the county or counties in which the labor
contractor has contracted with a grower, a correct change of address
immediately upon each occasion the licensee permanently moves
his or her address. The address shall also be the mailing address
for purposes of notice required by the Labor Code or by any other
applicable statute or regulations respecting service by mail.

(3) Promptly when due, pay or distribute to the individuals
entitled thereto, all moneys or other things of value entrusted to
the licensee by any third person for this purpose.

(4) Comply on his or her part with the terms and provisions of
all legal and valid agreements and contracts entered into between
begin insert the end insert licensee in his or her capacity as a farm labor contractor and
third persons.

(5) Have available for inspection by his or her employees and
by the grower with whom he or she has contracted a written
statement in English and Spanish showing the rate of compensation
he or she receives from the grower and the rate of compensation
he or she is paying to his or her employees for services rendered
to, for, or under the control of the grower. Upon written request,
the statement shall be provided to a current or former employee
or the grower within 21 calendar days. A licensee who fails to
comply with this paragraph is subject to a civil penalty of seven
hundred fifty dollars ($750) recoverable by the employee or the
grower.

(6) Take out a policy of insurance with any insurance carrier
authorized to do business in the State of California in an amount
satisfactory to the commissioner, which insures the licensee against
liability for damage to persons or property arising out of the
licensee’s operation of, or ownership of, any vehicle or vehicles
for the transportation of individuals in connection with his or her
business, activities, or operations as a farm labor contractor.

(7) Have displayed prominently at the site where the work is to
be performed and on all vehicles used by the licensee or his or her
employees or agents for the transportation of employees the rate
of compensation the licensee is paying to his or her employees for
their services, printed in both English and Spanish and in lettering
of a size to be prescribed by the Department of Industrial Relations.

(8) Register annually with the agricultural commissioner of the
county or counties in which the labor contractor has contracted
with a grower.

(9) Provide information and training on applicable laws and
regulations governing worker safety, including the requirements
of Article 10.5 (commencing with Section 12980) of Chapter 2 of
Division 7 of the Food and Agricultural Code, sexual harassment,
or regulating the terms and conditions of agricultural employment,
to each crewleader, foreperson, or other employee whose duties
include the supervision, direction, or control of any agricultural
worker on behalf of a licensee, or pursuant to, a contract or
agreement for agricultural services entered into with a licensee.

begin delete

(10) Upon written request, provide to a current or former
employee within 21 calendar days, a copy of any written agreement
with the grower or other farm labor contractor concerning the
amount of the commission or the payment made to the licensee
for services under the contract or agreement. If an oral agreement
was made with the grower or other farm labor contractor
concerning the amount of the commission or other services
provided under the agreement, the licensee shall reduce the
elements of the agreement to writing and, within 21 calendar days
of a written request, provide a copy thereof to a current or former
employee. A licensee who fails to comply with this paragraph is
subject to a civil penalty of seven hundred fifty dollars ($750)
recoverable by the employee.

end delete begin insert

(10) (A) Maintain copies of any contract or agreement for labor
or services entered into with a grower or other labor contractor
for a period of three years after the completion date of the contract,
make those contracts or agreements available to employees of the
Division of Labor Standards Enforcement in accordance with
subdivision (b) of Section 1174, and produce those contracts or
agreements in response to a discovery request or subpoena in any
civil action or any claim for unpaid wages or penalties under
Section 98 brought by a current or former employee.

end insert begin insert

(B) For the purposes of complying with this paragraph only,
the licensee may, in response to a subpoena or discovery request,
produce only the portions of the contract that show the amount of
the commission or other payment paid or promised to be paid to
the licensee for labor or services provided under the agreement
and the manner by which it is calculated.

end insert begin insert

(C) If an oral agreement for labor or services was made with
the grower or other farm labor contractor, the licensee shall reduce
the elements of the agreement to writing showing the amount of
the commission or other payment paid or promised to be paid to
the licensee for labor or services provided under the agreement
and the manner by which it is calculated. This document shall also
be maintained for a period of three years, made available to
employees of the Division of Labor Standards Enforcement, and
be produced in response to a subpoena or discovery request as
otherwise provided in this paragraph for written contracts or
agreements.

end insert

(b) The board of supervisors of a county may establish fees to
be charged each licensee for the recovery of the actual costs
incurred by commissioners in the administration of registrations
and change of address and the issuance of proofs of registration.

SEC. 7.  

Section 1695.5 of the Labor Code is amended to read:

1695.5.  

(a) Every farm labor contractor, upon request of any
agricultural grower with whom he or she has a contract to supply
farmworkers, shall immediately furnish the grower with a payroll
list of all the contractor’s employees working for the grower.

(b) The payroll list shall be on a uniform form approved by the
Labor Commissioner, which shall include, but not be limited to,
the employee’s name, social security number, permanent and
temporary address, telephone number, and length of employment
with the grower.

(c) The requirements of this section are in addition to any
requirements of federal law, including the federal Migrant and
Seasonal Agricultural Worker Protection Act begin delete (Chapter 20
(commencing with Section 1801), Title 29, United States Code) end delete
begin insert (29 U.S.C. Sec. 1801 et seq.) end insert .

begin delete

(d) A current or former employee asserting a failure of the farm
labor contractor to comply with a provision of this code, upon
written request, shall receive within 21 calendar days a complete
and accurate copy of a payroll list of all of the contractor’s
employees covering the inclusive dates of his or her employment.
A licensee who fails to comply with this paragraph is subject to a
civil penalty of seven hundred fifty dollars ($750) recoverable by
the employee.

end delete begin insert

(d) A farm labor contractor shall make the payroll list available
to employees of the Division of Labor Standards Enforcement in
accordance with subdivision (b) of Section 1174 and produce that
payroll list in response to a discovery request or subpoena in any
civil action or claim for unpaid wages or penalties brought by a
current or former employee under Section 98.

end insert

SEC. 8.  

Section 1695.55 of the Labor Code is amended to read:

1695.55.  

(a) Every person acting in the capacity of a farm
labor contractor shall provide any grower with whom he or she
has contracted to supply farmworkers a payroll record for each
farmworker providing labor under the contract. The payroll record
shall include a disclosure of the net and gross wages, total hours
worked, and total hourly and piece rate earnings for each
farmworker.

(b) Each grower entering into a contract with a farm labor
contractor shall retain a copy of the payroll record provided by the
contractor for a period of three years after the contract has ended.

SEC. 9.  

Section 1696.2 of the Labor Code is amended to read:

1696.2.  

All vehicles used by a licensee or his or her employees
or agents for the transportation of individuals in his or her
operations as a farm labor contractor shall have displayed
prominently at the entrance of begin delete such end delete begin insert the end insert vehicle the name of the
farm labor contractor and the number of his or her license as issued
by the Labor Commissioner pursuant to this chapter.

SEC. 10.  

Section 1696.5 of the Labor Code is amended to read:

1696.5.  

Every licensee shall, at the time of each payment of
wages, which shall be not less often than once every week as
required by Section 205 of this code, furnish each of the workers
employed by him or her either as a detachable part of the check,
draft, or voucher paying the employee’s wages, or separately, an
itemized statement in writing that complies with the requirements
of subdivision (a) of Section 226 and shows in detail each
deduction made from the wages.

SEC. 11.  

Section 1697 of the Labor Code is amended to read:

1697.  

(a) Any person who violates this chapter, or who causes
or induces another to violate this chapter, is guilty of a
misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000), or imprisonment in the county jail for not more
than six months, or both.

(b) Any employee aggrieved by any violation of this chapter,
other than acts and conduct also proscribed by Sections 1153,
1154, and 1155, may do all of the following:

(1) Bring a civil action for injunctive relief or damages, or both,
against a farm labor contractor or unlicensed farm labor contractor
who violates this chapter and, upon prevailing, shall recover
reasonable attorney’s fees and costs, including expert witness fees.

(2) Enforce the liability on the farm labor contractor’s bond.

(c) Any farm labor contractor who engages in farm labor
contracting activities after his or her license has been suspended,
revoked, or denied reissuance is guilty of an offense punishable
by a fine of not less than ten thousand dollars ($10,000), or by
imprisonment for not less than six months and not more than one
year, or both.

SEC. 12.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.