On July 1, 2014, new Farm Labor Contractor (“FLC”) regulations regarding the FLC license application and compliance promulgated by the Division of Labor Standards and Enforcement (“DLSE”) went into effect. A complete list of new amended and adopted regulations can be found HERE. Based on the new regulations, the DLSE also updated the corresponding application forms. The updated forms can be found HERE.
Some of the major changes and a brief summary of the amended and adopted regulations are outlined below. For more information, please click HERE to visit the DLSE website.
New Posting Requirements
The rate of compensation that an FLC is paying employees must be displayed in a format no smaller than 8-1/2 x 11 inches and in bold lettering no smaller than 16-point font. The name of the FLC shall be identified on this posting.
The FLC is also required to post a temporary sign at each worksite where workers are working which prominently and legibly identifies the licensee’s name, license number in the top-half portion of the sign, and a name and working phone number for the licensee’s field supervisor in the bottom-half portion of the sign. The sign shall be no smaller than four (4) feet by four (4) feet and have contrasting colors for the background and lettering for legibility.
The DLSE has added time frames on some of the information FLCs are required to provide on the license application. For example on the application where it asks if any delinquent wages are owed, whether there are unpaid judgments, etc., the DLSE added a time frame of “within the last 10 years.”
Worker Safety Training of Crew Leaders and Forepersons
The FLC is required to provide periodic workers' safety training to each crew leader, foreperson or other employee whose duties include the supervision, direction or control of any agricultural worker on behalf of a licensee.
The training required may be a single quarterly training of at least 15 minutes, or more frequent periodic training monthly during the quarter of a calendar year that an FLC operates which achieves at least 15 minutes total during the quarter. The FLC shall maintain a record of all training and information provided and shall maintain these records for two years and shall make them available, upon request, to the Labor Commissioner.
SUMMARY OF REGULATIONS
13660. Application for New License (requirements for FLC license)
Additional information and documentation to be submitted with the FLC license application
13660.1. Character, Competency and Responsibility
Amended to clarify that conduct or convictions considered substantially related to working conditions would include “any final determination regarding a violation” of a provision of California Labor Code or California Code of Regulations rather than “any violation”
Scope of 7 years for crimes involving physical violence against persons
13661. Application for Renewal of License
Subsection (a) is amended to add the manner of applying for renewal (online or referenced physical form) using the appropriate referenced application at least 60 days before expiration instead of 90 days.
Subsection (b) is amended to more clearly refer to an applicant’s use of a short application (online or physical form) if the applicant meets certain conditions listed in the subsection.
Additional information and documentation requirements for renewal
13662. Written Examination
Each person taking the exam must present a photo identification to DLSE at the time of taking the exam
13663. Schedule for Processing Applications
DLSE will issue a decision regarding licensure within 60 days
13663.5. Issuance of Replacement License
Declaration and Request for Replacement License and a $25.00 fee
13664. Surety Bonds; Establishing Annual Payroll
Surety bond requirement specified in Labor Code 1684(a)(3)
Criteria for proof of annual payroll
Continuity of protections afforded by the bond
13665. Education Program Approval; Course Criteria; List of Approved Courses
General requirements for educational classes for FLC applicants and licensees required under Labor Code 1684(a)(5)
13665.5. Records of Education
Requirements for record keeping and length pertaining to the FLC course and continuing education
13666. Posting Rate of Compensation
Posting of rates of compensation to be paid to workers' which is required to be displayed prominently
Sign to be no smaller than 8-1/2 x 11 inches and in bold lettering no smaller than 16-point font
Name of FLC identified
13666.1. Identification Signage at Worksite
Posting of a 4 feet by 4 feet sign at least 12 inches above the ground, which prominently identifies the licensee’s name, license number in the top-half portion of the sign and a name and working phone number for the licensee’s field supervisor in the bottom-half portion of the sign
Additional requirements for the sign
13666.2. Worker Safety Training of Crew Leaders and Forepersons
Provisions of workers' safety training to supervisory employees
Requirements for record keeping of training
13666.5. Failure to Comply with Requirements; Revocation, Suspension, Refusal to Renew
DLSE’s authority to revoke and suspend licenses
13667. Procedure to Obtain Damages from the Farmworker Remedial Account
Procedure for claiming and disbursing damages from the Farmworker Remedial Account for claims made by an employee
Investigative hearing to determine the amount of damages suffered by the employee seeking recovery from the Farmworker Remedial Account
13667.4. Payment of Wage Claims Against the Farmworker Remedial Account
Valid claims will be disbursed by the Labor Commissioner in the order received and if account funds are inadequate to satisfy the claim, such claim will be held until adequate funds are deposited into the Farmworker Remedial Account
Counsel to Management: FLCs should implement these changes immediately and the companies utilizing the service of the FLCs should ensure that their FLCs are in compliance. For questions regarding the DLSE regulations, please contact The Saqui Law Group