BILL ANALYSIS �
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
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|Ayes:|Roger Hern�ndez, 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 |
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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
SB 1087
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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