BILL ANALYSIS �
SB 1087
Page 1
Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1087 (Monning) - As Amended: June 30, 2014
Policy Committee: Labor Vote:5-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill raises licensure fees for farm labor contractors to
increase enforcement and prohibits farm labor contractors who
engage in sexual harassment from being issued a license or
renewing the license. Specifically, this bill:
1)Requires a farm labor contractor to provide a list to the
Labor Commissioner of all employees who provided services on
behalf of the farm labor contractor.
2)Requires the farm labor contractor to provide documentation to
the Labor Commissioner of the size of the contractor's payroll
when depositing a surety bond, as specified.
3)Increases the farm labor contractor licensure fee to $600,
with the additional $100 funding the Labor Contractor's Farm
Labor Contractor Enforcement Unit and the Farm Labor
Contractor Verification Unit.
4)Adds identification and prevention of sexual harassment in the
workplace to the examination required of license applicants
that covers the agricultural labor law, including safety
regulations, collective bargaining laws, and wage and hour
requirements.
5)Increases annual continuing education for farm labor
contractors from eight to nine hours and requires at least one
hour of sexual harassment prevention training.
6)Requires the license applicant to provide a written statement
verifying training in the prevention of sexual harassment for
supervisorial and nonsupervisoral employees. Specifies the
SB 1087
Page 2
administration of the training and specific issues to be
covered. Requires the trainer to provide information to the
trainee, including proof of completion of training. Requires
the licensee to keep a record for three years of the employees
that received the training.
7)Increases the examination fee by $100 and adds the Department
of Fair Employment and Housing (DFEH) to the organizations
that must be consulted by the Labor Commissioner when creating
the exam.
8)Prohibits the Labor Commissioner from issuing a license to a
farm labor contractor who, within the three preceding years,
committed sexual harassment or employed a supervisor who the
farm labor contractor knew, or should have known, had been
found to have committed sexual harassment of an employee.
Provides the farm labor contractor safe harbor if an employee
or supervisor executes a form provided by the Labor
Commissioner that states they have not been found to have
committed sexual harassment.
9)Requires the farm labor contractor to 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.
10)Allows for the collection of expert witness fees in the event
of a successful action against an farm labor contractor.
11)Increases fees for any farm labor contractor 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 extends this penalty to contractors who were
denied a license.
FISCAL EFFECT
1)One-time costs of $58,000 (special funds) to the Department of
Industrial Relations related to rulemaking.
2) Minor costs to the Department of Fair Employment and Housing.
COMMENTS
SB 1087
Page 3
1)Purpose. According to the sponsor, the California Rural Legal
Assistance Foundation, this bill is a response to reports of
widespread abuses by farm labor contractors including sexual
harassment, wage theft and issuance of fraudulent paystubs.
This bill seeks to increase licensure enforcement and provide
additional training to protect farm workers from workplace
injustices.
2)Opposition . Amendments taken in the Assembly Labor Committee
have removed all registered opposition to this bill.
Analysis Prepared by : Misty Feusahrens / APPR. / (916)
319-2081