Bill Text: CA SB1087 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 1087	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY   Senator Monning
   (  Coauthor:   Assembly Member 
 Medina   Coauthors:   Assembly Members
  Gonzalez   and Medina  )

                        FEBRUARY 19, 2014

   An act to amend Sections 1684, 1685, 1690, 1690.1, 1694, 1695,
1695.5, 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  commission who,
in turn, is required to deposit those fees into the Farmworker
Remedial Account, which is a   Labor Commissioner, and
 continuously  appropriated special fund  
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 punishable by specified fines, or imprisonment in the
county jail for not more than 6 months, or both  
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  . 
   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. 
   This bill would increase the license fee paid by an applicant from
$500 to $600, thereby making an appropriation. The bill would
require 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  the employees   each
employee  of an applicant for licensure as a farm labor
contractor to register as  a  farm labor contractor 
employees   employee  pursuant to federal law, if
that registration is required under federal law. The bill would also
increase the amount of the surety bond that is required to be
deposited with the  commissioner   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. The bill would require that the bond be conditioned upon
compliance with, and payment of all damages occasioned by failure to
comply with, provisions prohibiting  sexual  
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 
commissioner   Labor Commissioner  to charge a fee
of not more than $100 to cover the cost of administering the 
exam   examination  .
   This bill would require that exam to cover laws and regulations
concerning sexual harassment in the workplace. The bill would
authorize the  commissioner   Labor Commissioner
 to consult with the Department of Fair Employment and Housing
in preparing the  exam   examination  . The
bill would also increase the maximum amount the 
commissioner   Labor Commissioner  may charge for
developing and administering the exam to $200.
   Existing law authorizes the  commissioner  
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  sexual
  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  16 
 12  hours of classes and require that those classes include
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  commissioner  
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  and any
agreement with the grower or other farm labor contractor concerning
the amount of the commission or the payment made to the licensee for
services  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.
The bill would further require a licensee to reduce to writing and
maintain for 3 years a copy of any agreement with a grower or other
farm labor contractor concerning the amount of the commission or
payment made to the licensee for services and produce that agreement
in response to a discovery request or subpoena, as specified  .

   Existing law requires a farm labor contractor to furnish,
immediately upon request of any agricultural grower with whom the
farm labor contractor has a contract to supply farmworkers, a payroll
list of all the contractor's employees working for the grower, as
specified.  
   This bill would additionally require the farm labor contractor to
make the payroll list available to employees of the Division of Labor
Standards Enforcement, as specified, and produce that payroll list
in response to a discovery request or subpoena in any civil action or
claim for unpaid wages or penalties brought by a current or former
employee, as provided. 
    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
 crime punishable by a fine of not more than $1,000, or
imprisonment in a county jail for not more than 6 months, or both
  misdemeanor  . Because this bill would change
various provisions, the violation of  which, are crimes,
  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:

  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
fifty-thousand-dollar ($50,000) bond.
   (ii) For payrolls of five hundred thousand dollars ($500,000) to
two million dollars ($2,000,000), a one-hundred-thousand-dollar
($100,000) bond.
   (iii) For payrolls greater than two million dollars ($2,000,000),
a one-hundred-fifty-thousand-dollar ($150,000) 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. 
   If 
    (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. 
   All 
    (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 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.
   (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,  where   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
increased fee 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 ,   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,  and  for any other
monetary relief awarded to an agricultural worker as a result of a
violation of this code. The Labor Commissioner may disburse funds
from the Farmworker Remedial Account to farm labor contractors, for
payment of farmworkers,  where   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, protections
from   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)  The   Each   of the 
person's employees  have   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.
   (b)  (1)    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. 
   (2) In addition, the 
    (c)     The  person  must
  shall also  enroll and participate in at least
 16  12  hours of  relevant,
  relevant  educational classes each year. The
classes shall include 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  paragraph (1)   subdivision (b)
 and county agricultural commissioners. 
   (c) 
    (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 operates or proposes to
operate as a farm labor contractor.
   (b) To a person whose license has been revoked within three
 (3)  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  . For purposes of this section,
"person" means any applicant or   , or who, within the
preceding three years, employed  any crewleader, mayordomo,
foreperson, or any other employee of the applicant whose duties
include the supervision, direction, or control of any agricultural
worker  on behalf of the applicant   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  .
  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  Sections  
Section  322  and 323  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  (Chapter 20
(commencing with Section 1801), Title 29, United States Code)
  (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 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.
  SEC. 4.  Section 1690.1 of the Labor Code is amended to read:
   1690.1.  (a)  (1)    If  any 
 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 
such  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  such   that  licensee until
 such   the  licensee has fully paid the
amount of delinquency for  such   the 
unpaid worker contributions. 
   The 
    (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
right of administrative review of  such   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.   When   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. 
   (10) Upon written request, provide to a current or former employee
within 21 calendar days, a copy of any written agreement with the
grower or other farm labor contractor concerning the amount of the
commission or the payment made to the licensee for services under the
contract or agreement. If an oral agreement was made with the grower
or other farm labor contractor concerning the amount of the
commission or other services provided under the agreement, the
licensee shall reduce the elements of the agreement to writing and,
within 21 calendar days of a written request, provide a copy thereof
to a current or former employee. 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.  
   (10) (A) Maintain copies of any contract or agreement for labor or
services entered into with a grower or other labor contractor for a
period of three years after the completion date of the contract, make
those contracts or agreements available to employees of the Division
of Labor Standards Enforcement in accordance with subdivision (b) of
Section 1174, and produce those contracts or agreements in response
to a discovery request or subpoena in any civil action or any claim
for unpaid wages or penalties under Section 98 brought by a current
or former employee.  
   (B) For the purposes of complying with this paragraph only, the
licensee may, in response to a subpoena or discovery request, produce
only the portions of the contract that show the amount of the
commission or other payment paid or promised to be paid to the
licensee for labor or services provided under the agreement and the
manner by which it is calculated.  
   (C) If an oral agreement for labor or services was made with the
grower or other farm labor contractor, the licensee shall reduce the
elements of the agreement to writing showing the amount of the
commission or other payment paid or promised to be paid to the
licensee for labor or services provided under the agreement and the
manner by which it is calculated. This document shall also be
maintained for a period of three years, made available to employees
of the Division of Labor Standards Enforcement, and be produced in
response to a subpoena or discovery request as otherwise provided in
this paragraph for written contracts or agreements. 
   (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 1695.5 of the Labor Code is amended to read:
   1695.5.  (a) Every farm labor contractor, upon request of any
agricultural grower with whom he or she has a contract to supply
farmworkers, shall immediately furnish the grower with a payroll list
of all the contractor's employees working for the grower.
   (b) The payroll list shall be on a uniform form approved by the
Labor Commissioner, which shall include, but not be limited to, the
employee's name, social security number, permanent and temporary
address, telephone number, and length of employment with the grower.
   (c) The requirements of this section are in addition to any
requirements of federal law, including the federal Migrant and
Seasonal Agricultural Worker Protection Act  (Chapter 20
(commencing with Section 1801), Title 29, United States Code)
  (29 U.S.C. Sec. 1801 et seq.)  . 
   (d) A current or former employee asserting a failure of the farm
labor contractor to comply with a provision of this code, upon
written request, shall receive within 21 calendar days a complete and
accurate copy of a payroll list of all of the contractor's employees
covering the inclusive dates of his or her employment. 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.
 
   (d) A farm labor contractor shall make the payroll list available
to employees of the Division of Labor Standards Enforcement in
accordance with subdivision (b) of Section 1174 and produce that
payroll list in response to a discovery request or subpoena in any
civil action or claim for unpaid wages or penalties brought by a
current or former employee under Section 98. 
  SEC. 8.  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. 9.  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  such   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. 10.  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. 11.  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. 12.  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.