BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                SB 1087
                                                                Page  1


        SENATE THIRD READING
        SB 1087 (Monning)
        As Amended  June 30, 2014
        Majority vote 

         SENATE VOTE  :26-10  
         
         LABOR & EMPLOYMENT        5-0   APPROPRIATIONS      12-5         
         
         ----------------------------------------------------------------- 
        |Ayes:|Roger Hernández, Alejo,   |Ayes:|Gatto, Bocanegra,         |
        |     |Chau, Holden,             |     |Bradford,                 |
        |     |Ridley-Thomas             |     |Ian Calderon, Campos,     |
        |     |                          |     |Eggman, Gomez, Holden,    |
        |     |                          |     |Pan, Quirk,               |
        |     |                          |     |Ridley-Thomas, Weber      |
        |     |                          |     |                          |
        |-----+--------------------------+-----+--------------------------|
        |     |                          |Nays:|Bigelow, Donnelly, Jones, |
        |     |                          |     |Linder, Wagner            |
         ----------------------------------------------------------------- 

         SUMMARY  :  Amends existing law and enacts new provisions related to  
        the regulation of farm labor contractors (FLCs).  Specifically,  this  
        bill  :   

        1)Requires a FLC to provide a list of all employees who provided FLC  
          services on behalf of the FLC, as specified.

        2)Requires the FLC to provide documentation to the Labor  
          Commissioner (LC) of the size of the contractor's payroll, using  
          specified sources.

        3)Increases the FLC licensure fee to $600, with the additional $100  
          funding the LC's Farm Labor Contractor Enforcement Unit and the  
          Farm Labor Contractor Verification Unit.

        4)Requires an applicant for licensure as a FLC to provide a written  
          statement verifying that the person's supervisorial and  
          non-supervisorial employees have been trained in the prevention of  
          sexual harassment, as specified.

        5)Increases the examination fee by $100 and adds the Department of  
          Fair Employment and Housing to the organizations that must be  








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          consulted by the LC when creating the exam.

        6)Expands circumstances where service to the surety is appropriate  
          to include if the FLC remains in the state, but has fled the  
          jurisdiction where the labor law violation has occurred.

        7)Requires that the FLC fully document net and gross hours worked  
          and wages to a grower and provides paystubs that fully comply with  
          existing law to the contractor's employees.

        8)Allows for the collection of expert witness fees in the event of a  
          successful action against an FLC.

        9)Increases fees for any FLC who continues to provide farm labor  
          contracting services after his or her license has been suspended  
          or revoked to not less than $10,000, and also extend this penalty  
          to FLCs who were denied a license.

        10)Makes additional changes regarding compliance with federal law  
          and appropriate posting of a FLC's license information.

        11)Expands the conditions upon which a FLC's surety bond may be  
          payable to include damages due to sexual harassment specifically,  
          or harassment generally on the basis of race, religious creed,  
          color, national origin, ancestry, physical disability, mental  
          disability, medical condition, genetic information, marital  
          status, sex, gender, gender identity, gender expression, age,  
          sexual orientation, or military and veteran status.

        12)Requires the addition of protection from sexual harassment in the  
          workplace as a topic for the FLC written examination.

        13)Increases annual continuing education for FLCs to nine hours and  
          requires it include at least one hour of sexual harassment  
          prevention training.

        14)Prohibits the LC from issuing a license to an FLC who, within the  
          three preceding years, committed sexual harassment or employed a  
          supervisor who the FLC knew, or should have known, had been found  
          to have committed sexual harassment of an employee.

        15)Allows the LC to revoke, suspend, or refuse to renew the license  
          of an FLC who, within the three preceding years, committed sexual  
          harassment or employed a supervisor who the farm labor contractor  








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          knew, or should have known, had been found to have committed  
          sexual harassment of an employee.

        16)Provides that a FLC licensee will be considered to have not known  
          about sexual harassment committed by an employee or supervisor if  
          the employee or supervisor executes a form provided by the LC that  
          the employee or supervisor has not been found to have committed  
          sexual harassment, as specified.  These provisions shall not apply  
          until the LC prepares the form and makes it available on its'  
          Internet Web site.

         FISCAL EFFECT  :  According to the Assembly Appropriations Committee,  
        this bill will result in one-time costs of $58,000 (special funds)  
        to the Department of Industrial Relations related to rulemaking, and  
        minor costs to the Department of Fair Employment and Housing.

         COMMENTS  :  This bill represents a wide-ranging and comprehensive  
        reform of existing farm labor contractor licensure requirements.
          
        This bill is sponsored by the California Rural Legal Assistance  
        Foundation.  They and other supporters argue that this bill is an  
        important step in protecting the lives of farm workers in the  
        fields.  Supporters note that this bill does not expand liability  
        for farm labor contractors, but rather ensures that farm labor  
        contractors are sufficiently bonded to protect the needs of farm  
        workers, as well as increases funds available for the purposes of  
        licensure enforcement.  Additionally, supporters note that sexual  
        harassment and assault in a serious and significant problem in  
        California's agricultural industry.  Supporters argue that  
        additional training and surety bond claims will provide needed  
        protection to female farm workers from the current injustices under  
        which they currently suffer.

        There is no opposition on file.

         Analysis Prepared by  :    Ben Ebbink / L. & E. / (916) 319-2091 FN:  
        0004361