Bill Text: CA SB168 | 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: successors: wages and penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-10 - Chaptered by Secretary of State. Chapter 715, Statutes of 2013. [SB168 Detail]

Download: California-2013-SB168-Amended.html

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BILL NUMBER: SB 168	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator Monning

                        FEBRUARY 4, 2013

   An act to add Section 1698.9 to the Labor Code, relating to farm
labor contractors.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 168, as amended, Monning. Farm labor contractors: successors:
wages and penalties.
   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. 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.
   This bill, in addition, would make a farm labor contractor
successor to any predecessor farm labor contractor that owed wages or
penalties to a former employee of the predecessor, whether the
predecessor was a licensee or not, liable for those wages and
penalties, if the successor farm labor contractor meets one or more
specified criteria. By imposing a new requirement on farm labor
contractor successors, the violation of which would be a crime, the
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: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1698.9 is added to the Labor Code, to read:
   1698.9.  A farm labor contractor successor to any predecessor farm
labor contractor that owed wages or penalties to a former employee
of the predecessor, whether the predecessor was a licensee under this
chapter or not, is liable for those wages and penalties, if the
successor farm labor contractor meets one or more of the following
criteria:
   (a) Uses substantially the same facilities or workforce to offer
substantially the same services as the predecessor farm labor
contractor.  A farm labor contractor that has operated with a
valid license for at least the preceding three years shall have an
affirmative defense to liability under this   subdivision
for using substantially the same workforce, if all of the following
apply:  
   (1) The individuals in the workforce were not referred or supplied
for employment by the predecessor farm labor contractor to the
licensed farm labor contractor asserting this defense.  
   (2) The licensed farm labor contractor asserting the defense has
not had any interest in, or connection with, the operation,
ownership, management, or control of the business of the predecessor
farm labor contractor within the preceding three years.  
    (3) The licensed farm labor contractor asserting the defense has
not been determined to have violated any provision of the Labor Code
within the preceding three years. 
   (b) Shares in the ownership, management, control of the workforce,
or interrelations of business operations with the predecessor farm
labor contractor.
   (c) Employs in a managerial capacity any person who directly or
indirectly controlled the wages, hours, or working conditions of the
employees owed wages or penalties by the predecessor farm labor
contractor.
   (d) Is an immediate family member of any owner, partner, officer,
licensee, or director of the predecessor farm labor contractor or of
any person who had a financial interest in the predecessor farm labor
contractor. As used in this section, "immediate family member" means
a spouse, parent, sibling, child, uncle, aunt, niece, nephew, or
grandparent.
  SEC. 2.  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.