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 authorizes the commissioner to establish and maintain a Farm Labor Contractor Special Enforcement Unit within the Division of Labor Standards Enforcement office in Fresno of the Department of Industrial Relations for the hiring of additional agents to enforce those specified employment laws as provided. Existing law requires the commissioner to ensure that the Fresno office has suitable facilities and sufficient personnel for the examination and licensing of farm labor contractors and for the processing of complaints against farm labor contractors or any agent of a farm labor contractor.

This bill would additionally require the commissioner to ensure that the office maintained in Fresno has sufficient resources for those examination, licensing, and complaint processing purposes.

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 815

Author:(Cooper) – As Introduced Ver:February 15, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Labor Commissioner to ensure that the Farm Labor Contractor Special Enforcement Unit, within the Fresno office of the Department of Industrial Relations (DIR), has enough resources to fulfill its duties related to the licensing of, and the processing of complaints against, farm labor contractors.

FISCAL EFFECT:

This bill does not specify the additional resources needed or how these additional resources will be used. According to supporters of AB 815, additional resources could include information technology, database management, and other tools that make farm labor contractor licensing more efficient. An investment of this kind would result in costs in excess of $200,000 for DIR.

COMMENTS:

1. Purpose. According to the author, AB 815 is needed because of the cumbersome and time-consuming process of licensing farm labor contractors. The author’s office notes a recent survey of farm labor contractors where 88% of respondents found the licensing process to be “Somewhat difficult and time consuming, a total headache, and/or extremely frustrating.”
2. Background. Farm labor contractors, for a fee, employ or recruit workers for agricultural production and supervise some aspects of these employees’ work. These contractors must be licensed, and DIR is responsible for oversight and licensure. SB 1087 (Monning), Chapter 750, Statutes of 2014, strengthened oversight of farm labor contractors. Included in SB 1087’s reforms were new policies around sexual harassment, increased application fees, new policies around surety bonds, and increased penalties for engaging in farm labor activities when a license had been suspended, revoked, or denied.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: March 29, 2017

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Tony Thurmond, Chair

ABPCA Bill Id:AB 815 (

Author:Cooper) – As Introduced Ver:February 15, 2017

SUBJECT: Farm labor contractors

SUMMARY: Requires the Labor Commissioner (LC) to ensure that their Fresno office has sufficient resources for the examination of and licensing of farm labor contractors and for the processing of complaints against farm labor contractors or any agent of a farm labor contractor.

EXISTING LAW:

1. Requires farm labor contractors to be licensed by the LC and to comply with specified employment laws applicable to farm labor contractors.
2. Authorizes the LC to establish and maintain a Farm Labor Contractor Special Enforcement Unit within the Division of Labor Standards Enforcement office in Fresno of the Department of Industrial Relations for the hiring of additional agents to enforce those specified employment laws as specified.
3. Requires the LC to ensure that the Fresno office has suitable facilities and sufficient personnel for the examination and licensing of farm labor contractors and for the processing of complaints against farm labor contractors or any agent of a farm labor contractor.

FISCAL EFFECT: Unknown

COMMENTS: The author argues that, “In a recent survey of farm labor contractors, (by the California Farm Labor Contractor Association), 88% of those surveyed found the licensing process to be “Somewhat difficult and time consuming, a total headache, and/or extremely frustrating”. Only 13% had their license renewed before the expiration date of the prior license. More than 76% had their license renewed more than a month after expiration with nearly 40% receiving the license 3 months after expiration.”

Arguments in Support

The California Association of Winegrape Growers the sponsor of this bill writes in support, “This bill requires the Labor Commissioner to provide sufficient resources for the program. This may include information technology, database management and other tools that will help make the licensing process more efficient and less cumbersome. Current law only requires that the Labor Commissioner provide sufficient staff.”

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Winegrape Growers (sponsor)

California Farm Bureau Federation

Opposition

None on file.

Analysis Prepared by: Taylor Jackson / L. & E. / 916-319-2091