Bill Text: CA SB1087 | 2013-2014 | Regular Session | Chaptered
Bill Title: Farm labor contractors.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 750, Statutes of 2014. [SB1087 Detail]
Download: California-2013-SB1087-Chaptered.html
BILL NUMBER: SB 1087 CHAPTERED
BILL TEXT
CHAPTER 750
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2014
APPROVED BY GOVERNOR SEPTEMBER 28, 2014
PASSED THE SENATE AUGUST 19, 2014
PASSED THE ASSEMBLY AUGUST 14, 2014
AMENDED IN ASSEMBLY JUNE 30, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE MAY 5, 2014
AMENDED IN SENATE APRIL 21, 2014
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, 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. These provisions would not apply until the Labor
Commissioner makes a specified form available.
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. These provisions would not apply until the Labor
Commissioner makes a specified form available.
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. The bill would
require that the bond deposited with the Labor Commissioner in order
to be issued a license to act as a farm labor contractor 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 to 9 hours of classes and
require that those classes include at least one hour 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.
Appropriation: 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
twenty-five-thousand-dollar ($25,000) bond.
(ii) For payrolls of five hundred thousand dollars ($500,000) to
two million dollars ($2,000,000), a fifty-thousand-dollar ($50,000)
bond.
(iii) For payrolls greater than two million dollars ($2,000,000),
a seventy-five-thousand-dollar ($75,000) 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.
(C) If 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.
(D) All 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
any violation of Title VII of the Civil Rights Act of 1964 (Public
Law 88-352), 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, or any
violation of Title VII of the Civil Rights Act of 1964 (Public Law
88-352).
(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, when 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 amount attributable to this increase
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 the
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, for any
other monetary relief awarded to an agricultural worker as a result
of a violation of this code, and for all damages arising from any
violation of subdivision (j) or (k) of Section 12940 of, or of
Section 12950 or 12950.1 of, the Government Code, or any violation of
Title VII of the Civil Rights Act of 1964 (Public Law 88-352). The
Labor Commissioner may disburse funds from the Farmworker Remedial
Account to farm labor contractors, for payment of farmworkers, when 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, including the identification
and prevention of 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. Sec. 1801 et seq.), when registration is required
pursuant to federal law, and that information is provided by the
person to the Labor Commissioner.
(7) Each of the person's employees has registered as a farm labor
contractor employee pursuant to the federal Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. Sec. 1801 et seq.) if
that registration is required pursuant to federal law, and that
information is provided by the person to the Labor Commissioner.
(8) (A) The person has executed a written statement, that has been
provided to the Labor Commissioner, attesting that the person's
supervisorial employees, including any supervisor, crewleader,
mayordomo, foreperson, or other employee whose duties include the
supervision, direction, or control of agricultural employees, have
been trained at least once for at least two hours each calendar year
in the prevention of sexual harassment in the workplace, and that all
new nonsupervisorial employees, including agricultural employees,
have been trained at the time of hire, and that all nonsupervisorial
employees, including agricultural employees, have been trained at
least once every two years in identifying, preventing, and reporting
sexual harassment in the workplace.
(B) Sexual harassment prevention training shall consist of
training administered by a licensee or appropriate designee of the
licensee.
(C) Sexual harassment prevention training shall include, at a
minimum, components of the following as consistent with Section 12950
of the Government Code:
(i) The illegality of sexual harassment.
(ii) The definition of sexual harassment under applicable state
and federal law.
(iii) A description of sexual harassment, utilizing examples.
(iv) The internal complaint process of the employer available to
the employee.
(v) The legal remedies and complaint process available through the
Department of Fair Employment and Housing.
(vi) Directions for how to contact the Department of Fair
Employment and Housing.
(vii) The protection against retaliation provided under current
law.
(D) The trainer may use the text of the Department of Fair
Employment and Housing's pamphlet DFEH-185, "Sexual Harassment" as a
guide to training, or may use other written material or other
training resources covering the information required in subparagraph
(C).
(E) At the conclusion of the training, the trainer shall provide
the employee with a copy of the Department of Fair Employment and
Housing's pamphlet DFEH-185, and a record of the training on a form
provided by the Labor Commissioner that includes the name of the
trainer and the date of the training.
(F) The licensee shall keep a record with the names of all
employees who have received sexual harassment training for a period
of three years.
(b) 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.
(c) The person shall also enroll and participate in at least nine
hours of relevant educational classes each year. The classes shall
include at least one hour of 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 subdivision (b) and county agricultural
commissioners.
(d) 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 or she operates or
proposes to operate as a farm labor contractor.
(b) To a person whose license has been revoked within three 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, or who, within the preceding three years,
employed any supervisor, crewleader, mayordomo, foreperson, or any
other employee of the applicant whose duties include the supervision,
direction, or control of any agricultural worker 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. A person shall be deemed not to have knowledge under
this subdivision that any supervisor, crewleader, mayordomo,
foreperson, or any other employee has been found by a court or any
administrative agency to have committed sexual harassment if that
supervisor, crewleader, mayordomo, foreperson, or any other employee
executes a statement on a form provided by the Labor Commissioner
that includes the following statement: "I have not been found to have
committed sexual harassment by any court or any administrative
agency within the preceding three years." This subdivision shall not
apply until the Labor Commissioner prepares the form and makes it
available on the division's Internet Web site.
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 Section 322 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 (29 U.S.C. Sec. 1801 et
seq.), provided that the licensee is required to register as a farm
labor contractor pursuant to federal law.
(g) The licensee has been found by a court or an administrative
agency to have committed sexual harassment of an employee, or has
employed any supervisor, 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, whom the licensee knew or should have known has been found
by a court or an administrative agency, within the preceding three
years, to have committed sexual harassment of an employee. A licensee
shall be deemed not to have knowledge under this subdivision that
any supervisor, crewleader, mayordomo, foreperson, or any other
employee has been found by a court or any other administrative agency
to have committed sexual harassment if that supervisor, crewleader,
mayordomo, foreperson, or any other employee executes a statement on
a form provided by the Labor Commissioner that includes the following
statement: "I have not been found to have committed sexual
harassment by any court or any administrative agency within the
preceding three years." This subdivision shall not apply until the
Labor Commissioner prepares the form and makes it available on the
division's Internet Web site.
SEC. 4. Section 1690.1 of the Labor Code is amended to read:
1690.1. (a) (1) If a 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
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 that
licensee until the licensee has fully paid the amount of delinquency
for the unpaid worker contributions.
(2) The 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 or her right of administrative
review of that 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. If 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 or her 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 the
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.
(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 1695.55 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. 8. 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 the 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. 9. 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. 10. 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. 11. 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.
