Amended in Assembly June 30, 2014

Amended in Senate May 27, 2014

Amended in Senate May 5, 2014

Amended in Senate April 21, 2014

Senate BillNo. 1087


Introduced by Senator Monning

(Coauthors: Assembly Members Gonzalez and Medina)

February 19, 2014


An act to amend Sections 1684, 1685, 1690, 1690.1, 1694, 1695, 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 Labor Commissioner, and continuously appropriates a portion of the fee revenues for enforcement and verification purposes. Under existing law, a person who violates farm labor contractor requirements is guilty of a misdemeanor.

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 by a court or an administrative agency to have committed sexual harassment of an employee, 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.begin insert These provisions would not apply until the Labor Commissioner makes a specified form available.end 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.

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.begin insert These provisions would not apply until the Labor Commissioner makes a specified form available.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 amount attributable to 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 each employee of an applicant for licensure as a farm labor contractor to register as a farm labor contractor employee pursuant to federal law, if that registration is required under federal law. The bill would require an applicant for licensure as a farm labor contractor to execute a written statement attesting that the person’s supervisorial employees have been trained in the prevention of sexual harassment, as provided.begin delete The bill would also increase the amount of the surety bond that is required to be deposited with the Labor Commissioner 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.end delete The bill would require that the bondbegin insert deposited with the Labor Commissioner in order to be issued a license to act as a farm labor contractorend insert be conditioned upon compliance with, and payment of all damages occasioned by failure to comply with, provisions prohibiting unlawful workplace harassment, as specified. The bill would also authorize certain license fees in the Farmworker Remedial Account which are continuously appropriated, to be used to satisfy claims for damages for violations of provisions prohibiting unlawful workplace 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 Labor Commissioner to charge a fee of not more than $100 to cover the cost of administering the examination.

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

Existing law authorizes the Labor Commissioner 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 workplace 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 tobegin delete 10end deletebegin insert 9end insert hours of classes and require that those classes include at leastbegin delete 2 hoursend deletebegin insert one hourend insert of 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 Labor Commissioner 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 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 recoverable by the employee or grower.

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 misdemeanor. Because this bill would change various provisions, the violation of which are misdemeanors, 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:

P4    1

SECTION 1.  

Section 1684 of the Labor Code is amended to
2read:

3

1684.  

(a) The Labor Commissioner shall not issue to any
4person a license to act as a farm labor contractor, nor shall the
5Labor Commissioner renew that license, until all of the following
6conditions are satisfied:

7(1) The person has executed a written application in a form
8prescribed by the Labor Commissioner, subscribed and sworn to
9by the person, and containing all of the following:

10(A) A statement by the person of all facts required by the Labor
11Commissioner concerning the applicant’s character, competency,
12responsibility, and the manner and method by which the person
P5    1proposes to conduct operations as a farm labor contractor if the
2license is issued.

3(B) The names and addresses of all persons, except bona fide
4employees on stated salaries, financially interested, either as
5partners, associates, or profit sharers, in the proposed operation as
6a farm labor contractor, together with the amount of their respective
7interests.

8(C) A declaration consenting to the designation by a court of
9the Labor Commissioner as an agent available to accept service
10of summons in any action against the licensee if the licensee has
11left the jurisdiction in which the action is commenced or otherwise
12has become unavailable to accept service.

13(D) The names and addresses of all persons who in the previous
14calendar year performed any services described in subdivision (b)
15of Section 1682 within the scope of his or her employment by the
16licensee on whose behalf he or she was acting, unless the person
17was employed as an independent contractor.

18(2) The Labor Commissioner, after investigation, is satisfied as
19to the character, competency, and responsibility of the person.

20(3) (A) The person has deposited with the Labor Commissioner
21a surety bond in an amount based on the size of the person’s annual
22payroll for all employees, as follows:

23(i) For payrolls up to five hundred thousand dollars ($500,000),
24abegin delete fifty-thousand-dollar ($50,000)end deletebegin insert twenty-five-thousand-dollar
25($25,000)end insert
bond.

26(ii) For payrolls of five hundred thousand dollars ($500,000) to
27two million dollars ($2,000,000), abegin delete one-hundred-thousand-dollar
28($100,000)end delete
begin insert fifty-thousand-dollar ($50,000)end insert bond.

29(iii) For payrolls greater than two million dollars ($2,000,000),
30abegin delete one-hundred-fifty-thousand-dollar ($150,000)end delete
31begin insert seventy-five-thousand-dollar ($75,000)end insert bond.

32(B) For purposes of this paragraph, the Labor Commissioner
33shall require documentation of the size of the person’s annual
34payroll which may include, but is not limited to, information
35provided by the person to the Employment Development
36Department, the Franchise Tax Board, the Division of Workers’
37Compensation, the insurer providing the licensee’s workers’
38compensation insurance, or the Internal Revenue Service.

39(C) If the contractor has been the subject of a final judgment in
40a year in an amount equal to or greater than the amount of the bond
P6    1required, he or she shall be required to deposit an additional bond
2within 60 days.

3(D) All bonds required under this chapter shall be payable to
4the people of the State of California and shall be conditioned upon
5the farm labor contractor’s compliance with all the terms and
6provisions of this chapter and subdivisions (j) and (k) of Section
712940 of, and Sections 12950 and 12950.1 of, the Government
8Code, and payment of all damages occasioned to any person by
9failure to do so, or by any violation of this chapter or of subdivision
10(j) or (k) of Section 12940 of, or of Section 12950 or 12950.1 of,
11the Government Code, or any violation of Title VII of the Civil
12Rights Act of 1964 (Public Law 88-352), or false statements or
13misrepresentations made in the procurement of the license. The
14bond shall also be payable for interest on wages and for any
15damages arising from violation of orders of the Industrial Welfare
16Commission, and for any other monetary relief awarded to an
17agricultural worker as a result of a violation of this code or of
18subdivision (j) or (k) of Section 12940 of, or Section 12950 or
1912950.1 of, the Government Code, or any violation of Title VII
20of the Civil Rights Act of 1964 (Public Law 88-352).

21(4) The person has paid to the Labor Commissioner a license
22fee of five hundred dollars ($500) plus a filing fee of ten dollars
23($10). However, when a timely application for renewal is filed,
24the ten-dollar ($10) filing fee is not required. The license fee shall
25increase by one hundred dollars ($100), to six hundred dollars
26($600), on January 1, 2015. The amount attributable to this increase
27shall be expended by the Labor Commissioner to fund the Farm
28Labor Contractor Enforcement Unit and the Farm Labor Contractor
29License Verification Unit. Notwithstanding Section 1698, no
30portion of that increase shall be credited to the General Fund. The
31Labor Commissioner shall deposit one hundred fifty dollars ($150)
32of each licensee’s annual license fee into the Farmworker Remedial
33Account. Funds from this account shall be disbursed by the Labor
34Commissioner only to persons determined by the Labor
35Commissioner to have been damaged by any licensee if the damage
36exceeds the amount of the licensee’s bond or the surety fails to
37pay the full amount of the licensee’s bond, or to persons determined
38by the Labor Commissioner to have been damaged by an
39unlicensed farm labor contractor. In making these determinations,
40the Labor Commissioner shall disburse funds from the Farmworker
P7    1Remedial Account to satisfy claims against farm labor contractors
2or unlicensed farm labor contractors, which shall also include
3interest on wages and any damages arising from the violation of
4orders of the Industrial Welfare Commission, for any other
5monetary relief awarded to an agricultural worker as a result of a
6violation of this code, and for all damages arising from any
7violation of subdivision (j) or (k) of Section 12940 of, or of Section
812950 or 12950.1 of, the Government Code, or any violation of
9Title VII of the Civil Rights Act of 1964 (Public Law 88-352).
10The Labor Commissioner may disburse funds from the Farmworker
11Remedial Account to farm labor contractors, for payment of
12farmworkers, when a contractor is unable to pay farmworkers due
13to the failure of a grower or packer to pay the contractor. Any
14disbursed funds subsequently recovered by the Labor
15Commissioner pursuant to Section 1693, or otherwise, shall be
16returned to the Farmworker Remedial Account.

17(5) The person has taken a written examination that demonstrates
18an essential degree of knowledge of the current laws and
19administrative regulations concerning farm labor contractors as
20the Labor Commissioner deems necessary for the safety and
21 protection of farmers, farmworkers, and the public, including the
22identification and prevention of sexual harassment in the
23workplace. To successfully complete the examinations, the person
24must correctly answer at least 85 percent of the questions posed.
25The examination period shall not exceed four hours. The
26examination may only be taken a maximum of three times in a
27calendar year. The examinations shall include a demonstration of
28knowledge of the current laws and regulations regarding wages,
29hours, and working conditions, penalties, employee housing and
30transportation, collective bargaining, field sanitation, and safe
31work practices related to pesticide use, including all of the
32following subjects:

33(A) Field reentry regulations.

34(B) Worker pesticide safety training.

35(C) Employer responsibility for safe working conditions.

36(D) Symptoms and appropriate treatment of pesticide poisoning.

37(6) The person has registered as a farm labor contractor pursuant
38to the federal Migrant and Seasonal Agricultural Worker Protection
39Act (29 U.S.C. Sec. 1801 et seq.), when registration is required
P8    1pursuant to federal law, and that information is provided by the
2person to the Labor Commissioner.

3(7) Each of the person’s employees has registered as a farm
4labor contractor employee pursuant to the federal Migrant and
5Seasonal Agricultural Worker Protection Act (29 U.S.C. Sec. 1801
6et seq.) if that registration is required pursuant to federal law, and
7that information is provided by the person to the Labor
8Commissioner.

9(8) begin insertend insertbegin insert(A)end insertThe person has executed a written statement, that has
10been provided to the Labor Commissioner, attesting that the
11person’s supervisorial employees, including any supervisor,
12crewleader, mayordomo, foreperson, or other employee whose
13duties include the supervision, direction, or control of agricultural
14employees, have been trained at least once for at least two hours
15each calendar year in the prevention of sexual harassment in the
16workplace, and that allbegin insert newend insert nonsupervisorial employees, including
17agricultural employees, have been trainedbegin insert at the time of hire, and
18that all nonsupervisorial employees, including agricultural
19employees, have been trained at least once every two yearsend insert
in
20identifying, preventing, begin delete documenting,end delete and reporting sexual
21harassment in thebegin delete workplace for at least two hours within 10
22calendar days of being hired by the person and at least once each
23calendar year.end delete
begin insert workplace.end insert

begin insert

24(B) Sexual harassment prevention training shall consist of
25training administered by a licensee or appropriate designee of the
26licensee.

end insert
begin insert

27(C) Sexual harassment prevention training shall include, at a
28minimum, components of the following as consistent with Section
2912950 of the Government Code:

end insert
begin insert

30(i) The illegality of sexual harassment.

end insert
begin insert

31(ii) The definition of sexual harassment under applicable state
32and federal law.

end insert
begin insert

33(iii) A description of sexual harassment, utilizing examples.

end insert
begin insert

34(iv) The internal complaint process of the employer available
35to the employee.

end insert
begin insert

36(v) The legal remedies and complaint process available through
37the Department of Fair Employment and Housing.

end insert
begin insert

38(vi) Directions for how to contact the Department of Fair
39Employment and Housing.

end insert
begin insert

P9    1(vii) The protection against retaliation provided under current
2law.

end insert
begin insert

3(D) The trainer may use the text of the Department of Fair
4Employment and Housing’s pamphlet DFEH-185, “Sexual
5Harassment” as a guide to training, or may use other written
6material or other training resources covering the information
7required in subparagraph (C).

end insert
begin insert

8(E) At the conclusion of the training, the trainer shall provide
9the employee with a copy of the Department of Fair Employment
10and Housing’s pamphlet DFEH-185, and a record of the training
11on a form provided by the Labor Commissioner that includes the
12name of the trainer and the date of the training.

end insert
begin insert

13(F) The licensee shall keep a record with the names of all
14employees who have received sexual harassment training for a
15period of three years.

end insert

16(b) The Labor Commissioner shall consult with the Director of
17Pesticide Regulation, the Department of the California Highway
18Patrol, the Department of Housing and Community Development,
19the Employment Development Department, the Department of
20Fair Employment and Housing, the Department of Food and
21Agriculture, the Department of Motor Vehicles, and the Division
22 of Occupational Safety and Health in preparing the examination
23required by paragraph (5) of subdivision (a) and the appropriate
24educational materials pertaining to the matters included in the
25examination, and may charge a fee of not more than two hundred
26dollars ($200) to cover the cost of administration of the
27examination.

28(c) The person shall also enroll and participate in at leastbegin delete 10end delete
29begin insert nineend insert hours of relevant educational classes each year. The classes
30shall include at leastbegin delete two hoursend deletebegin insert one hourend insert of sexual harassment
31prevention training. The classes shall be chosen from a list of
32approved classes prepared by the Labor Commissioner, in
33consultation with the persons and entities listed in subdivision (b)
34and county agricultural commissioners.

35(d) The Labor Commissioner may renew a license without
36requiring the applicant for renewal to take the examination
37 specified in paragraph (5) of subdivision (a) if the Labor
38Commissioner finds that the applicant meets all of the following
39criteria:

P10   1(1) Has satisfactorily completed the examination during the
2immediately preceding two years.

3(2) Has not during the preceding year been found to be in
4violation of any applicable laws or regulations including, but not
5limited to, Division 7 (commencing with Section 12501) of the
6Food and Agricultural Code, subdivisions (j) and (k) of Section
712940 of, and Section 12950 or 12950.1 of, the Government Code,
8Part 1 (commencing with Section 17000) of Division 13 of the
9Health and Safety Code, Division 2 (commencing with Section
10200), Division 4 (commencing with Section 3200), and Division
115 (commencing with Section 6300) of this code, and Chapter 1
12(commencing with Section 12500) of Division 6 of the Vehicle
13Code.

14(3) Has, for each year since the license was obtained, enrolled
15and participated in at least eight hours of relevant, educational
16classes, chosen from a list of approved classes prepared by the
17Labor Commissioner.

18(4) Has complied with all other requirements of this section.

19

SEC. 2.  

Section 1685 of the Labor Code is amended to read:

20

1685.  

No license to operate as a farm labor contractor shall be
21granted:

22(a) To any person who sells or proposes to sell intoxicating
23liquors in a building or on premises where he or she operates or
24proposes to operate as a farm labor contractor.

25(b) To a person whose license has been revoked within three
26years from the date of application.

27(c) To a person who, within the preceding three years, has been
28found by a court or an administrative agency to have committed
29sexual harassment of an employee, or who, within the preceding
30three years, employed any supervisor, crewleader, mayordomo,
31foreperson, or any other employee of the applicant whose duties
32include the supervision, direction, or control of any agricultural
33worker whom the applicant knew or should have known has been
34found by a court or an administrative agency, within the preceding
35three years of his or her employment with the applicant, to have
36committed sexual harassment of an employee. A person shall be
37deemed not to have knowledge under this subdivision that any
38supervisor, crewleader, mayordomo, foreperson, or any other
39employee has been found by a court or any administrative agency
40to have committed sexual harassment if that supervisor, crewleader,
P11   1mayordomo, foreperson, or any other employee executes a
2statement on a form provided by the Labor Commissioner that
3begin delete person has not been found to have committed sexual harassment.end delete
4begin insert includes the following statement: “I have not been found to have
5committed sexual harassment by any court or any administrative
6agency within the preceding three years.” This subdivision shall
7not apply until the Labor Commissioner prepares the form and
8makes it available on the division’s Internet Web site.end insert

9

SEC. 3.  

Section 1690 of the Labor Code is amended to read:

10

1690.  

The Labor Commissioner may revoke, suspend, or refuse
11to renew any license if it is shown that any of the following have
12occurred:

13(a) The licensee or any agent of the licensee has violated or
14failed to comply with any of the provisions of this chapter.

15(b) The licensee has made any misrepresentations or false
16statements in his or her application for a license.

17(c) The conditions under which the license was issued have
18changed or no longer exist.

19(d) The licensee, or any agent of the licensee, has violated, or
20has willfully aided or abetted any person in the violation of, or
21failed to comply with, any law of the State of California regulating
22the employment of employees in agriculture, the payment of wages
23to farm employees, or the conditions, terms, or places of
24employment affecting the health and safety of farm employees,
25which is applicable to the business, activities, or operations of the
26licensee in his or her capacity as a farm labor contractor.

27(e) The licensee, or any agent of the licensee, has failed to
28comply with any provisions of the Vehicle Code pertaining to a
29farm labor vehicle, as described in Section 322 of the Vehicle
30Code, under the licensee’s control, or has allowed a farm labor
31vehicle under his or her control to be operated by a driver without
32a valid driver’s license and certificate required pursuant to Section
3312519 of the Vehicle Code.

34(f) The licensee has been found, by a court or the Secretary of
35Labor, to have violated any provision of the federal Migrant and
36Seasonal Agricultural Worker Protection Act (29 U.S.C. Sec. 1801
37et seq.), provided that the licensee is required to register as a farm
38labor contractor pursuant to federal law.

39(g) The licensee has been found by a court or an administrative
40agency to have committed sexual harassment of an employee, or
P12   1has employed any supervisor, crewleader, mayordomo, foreperson,
2or any other employee of the licensee whose duties include the
3supervision, direction, or control of any agricultural worker on
4behalf of the licensee, whom the licensee knew or should have
5known has been found by a court or an administrative agency,
6within the preceding three years, to have committed sexual
7harassment of an employee. A licensee shall be deemed not to
8have knowledge under this subdivision that any supervisor,
9crewleader, mayordomo, foreperson, or any other employee has
10been found by a court or any other administrative agency to have
11committed sexual harassment if that supervisor, crewleader,
12mayordomo, foreperson, or any other employee executes a
13statement on a form provided by the Labor Commissioner that
14begin delete person has not been found to have committed sexual harassment.end delete
15begin insert includes the following statement: “I have not been found to have
16committed sexual harassment by any court or any administrative
17agency within the preceding three years.” This subdivision shall
18not apply until the Labor Commissioner prepares the form and
19makes it available on the division’s Internet Web site.end insert

20

SEC. 4.  

Section 1690.1 of the Labor Code is amended to read:

21

1690.1.  

(a) (1) If a licensee fails to remit the proper amount
22of worker contributions required by Chapter 4 (commencing with
23Section 901) of Part 1 of Division 1 of the Unemployment
24Insurance Code, or the Employment Development Department has
25made an assessment for unpaid worker contributions against the
26licensee that is final, the Labor Commissioner shall, upon written
27notice by the Employment Development Department, refuse to
28issue or renew the license of that licensee until the licensee has
29fully paid the amount of delinquency for the unpaid worker
30contributions.

31(2) The Labor Commissioner shall not, however, refuse to renew
32the license of a licensee under this section until the assessment for
33unpaid worker contributions is final and unpaid, and the licensee
34has exhausted, or failed to seek, his or her right of administrative
35review of that final assessment, pursuant to Chapter 4 (commencing
36with Section 901) of Part 1 of Division 1 of the Unemployment
37Insurance Code.

38(b) If any licensee fails to remit the amounts required by Section
39227, the Labor Commissioner shall refuse to issue or renew the
P13   1license of the licensee until the delinquent amount has been paid
2in full.

3

SEC. 5.  

Section 1694 of the Labor Code is amended to read:

4

1694.  

If a licensee has departed from the state or has left the
5jurisdiction in which a violation of this chapter is alleged to have
6occurred with intent to defraud creditors or to avoid service of
7summons in any action brought under this chapter, service shall
8be made upon the surety as prescribed in the Code of Civil
9Procedure. A copy of the summons shall be mailed to the licensee
10at the last known post office address of his or her residence, as
11shown by the records of the Labor Commissioner. Service is
12complete as to the licensee, after mailing, at the expiration of the
13time prescribed by the Code of Civil Procedure for service of
14summons in the particular court in which suit is brought.

15

SEC. 6.  

Section 1695 of the Labor Code is amended to read:

16

1695.  

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

17(1) Carry his or her license and proof of registration issued
18pursuant to paragraph (8) with him or her at all times and exhibit
19the same to all persons with whom he or she intends to deal in his
20or her capacity as a farm labor contractor prior to so dealing.

21(2) File at the United States Post Office serving the address of
22the licensee, as noted on the face of his or her license, with the
23office of the Labor Commissioner, and with the agricultural
24commissioner of the county or counties in which the labor
25contractor has contracted with a grower, a correct change of address
26immediately upon each occasion the licensee permanently moves
27his or her address. The address shall also be the mailing address
28for purposes of notice required by the Labor Code or by any other
29applicable statute or regulations respecting service by mail.

30(3) Promptly when due, pay or distribute to the individuals
31entitled thereto, all moneys or other things of value entrusted to
32the licensee by any third person for this purpose.

33(4) Comply on his or her part with the terms and provisions of
34all legal and valid agreements and contracts entered into between
35the licensee in his or her capacity as a farm labor contractor and
36third persons.

37(5) Have available for inspection by his or her employees and
38by the grower with whom he or she has contracted a written
39statement in English and Spanish showing the rate of compensation
40he or she receives from the grower and the rate of compensation
P14   1he or she is paying to his or her employees for services rendered
2to, for, or under the control of the grower. Upon written request,
3the statement shall be provided to a current or former employee
4or the grower within 21 calendar days. A licensee who fails to
5comply with this paragraph is subject to a civil penalty of seven
6hundred fifty dollars ($750) recoverable by the employee or the
7grower.

8(6) Take out a policy of insurance with any insurance carrier
9authorized to do business in the State of California in an amount
10satisfactory to the commissioner, which insures the licensee against
11liability for damage to persons or property arising out of the
12licensee’s operation of, or ownership of, any vehicle or vehicles
13for the transportation of individuals in connection with his or her
14business, activities, or operations as a farm labor contractor.

15(7) Have displayed prominently at the site where the work is to
16be performed and on all vehicles used by the licensee or his or her
17employees or agents for the transportation of employees the rate
18of compensation the licensee is paying to his or her employees for
19their services, printed in both English and Spanish and in lettering
20of a size to be prescribed by the Department of Industrial Relations.

21(8) Register annually with the agricultural commissioner of the
22county or counties in which the labor contractor has contracted
23with a grower.

24(9) Provide information and training on applicable laws and
25regulations governing worker safety, including the requirements
26of Article 10.5 (commencing with Section 12980) of Chapter 2 of
27Division 7 of the Food and Agricultural Code, sexual harassment,
28or regulating the terms and conditions of agricultural employment,
29to each crewleader, foreperson, or other employee whose duties
30include the supervision, direction, or control of any agricultural
31worker on behalf of a licensee, or pursuant to, a contract or
32agreement for agricultural services entered into with a licensee.

33(b) The board of supervisors of a county may establish fees to
34be charged each licensee for the recovery of the actual costs
35incurred by commissioners in the administration of registrations
36and change of address and the issuance of proofs of registration.

37

SEC. 7.  

Section 1695.55 of the Labor Code is amended to read:

38

1695.55.  

(a) Every person acting in the capacity of a farm
39labor contractor shall provide any grower with whom he or she
40has contracted to supply farmworkers a payroll record for each
P15   1farmworker providing labor under the contract. The payroll record
2shall include a disclosure of the net and gross wages, total hours
3worked, and total hourly and piece rate earnings for each
4farmworker.

5(b) Each grower entering into a contract with a farm labor
6contractor shall retain a copy of the payroll record provided by the
7contractor for a period of three years after the contract has ended.

8

SEC. 8.  

Section 1696.2 of the Labor Code is amended to read:

9

1696.2.  

All vehicles used by a licensee or his or her employees
10or agents for the transportation of individuals in his or her
11operations as a farm labor contractor shall have displayed
12prominently at the entrance of the vehicle the name of the farm
13labor contractor and the number of his or her license as issued by
14the Labor Commissioner pursuant to this chapter.

15

SEC. 9.  

Section 1696.5 of the Labor Code is amended to read:

16

1696.5.  

Every licensee shall, at the time of each payment of
17wages, which shall be not less often than once every week as
18required by Section 205 of this code, furnish each of the workers
19employed by him or her either as a detachable part of the check,
20draft, or voucher paying the employee’s wages, or separately, an
21itemized statement in writing that complies with the requirements
22of subdivision (a) of Section 226 and shows in detail each
23deduction made from the wages.

24

SEC. 10.  

Section 1697 of the Labor Code is amended to read:

25

1697.  

(a) Any person who violates this chapter, or who causes
26or induces another to violate this chapter, is guilty of a
27misdemeanor punishable by a fine of not more than one thousand
28dollars ($1,000), or imprisonment in the county jail for not more
29than six months, or both.

30(b) Any employee aggrieved by any violation of this chapter,
31other than acts and conduct also proscribed by Sections 1153,
321154, and 1155, may do all of the following:

33(1) Bring a civil action for injunctive relief or damages, or both,
34against a farm labor contractor or unlicensed farm labor contractor
35who violates this chapter and, upon prevailing, shall recover
36reasonable attorney’s fees and costs, including expert witness fees.

37(2) Enforce the liability on the farm labor contractor’s bond.

38(c) Any farm labor contractor who engages in farm labor
39contracting activities after his or her license has been suspended,
40revoked, or denied reissuance is guilty of an offense punishable
P16   1by a fine of not less than ten thousand dollars ($10,000), or by
2imprisonment for not less than six months and not more than one
3year, or both.

4

SEC. 11.  

No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.



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