The Division of Labor Standards Enforcement (DLSE) has issued a Notice of Modifications to the Text of Proposed Regulations and addition of an Addendum to the Initial Statement of Reasons to the regulatory action affecting Farm Labor Contractor (FLC) licensing requirements. The DLSE also added additional documents the agency has relied upon in drafting the proposed regulations. These regulations were initially issued in the fall of 2013. Since that time one public hearing has been conducted and comments were received by industry and other stakeholders.
Written comments can be submitted to Jennifer Stevens, Legislative Analyst and Regulations Coordinator, via e-mail to: DSLERegulations@dir.ca.gov; via fax at: (916) 263-2920; or mailed to:
Jennifer Stevens, Legislative Analyst and Regulations Coordinator
Department of Industrial Relations
Division of Labor Standards Enforcement, Legal Unit
2031 Howe Avenue, Suite 100
Sacramento, CA 95825
The public may provide comment on any amendments made to the text of the regulations and other documents contained in this notice by no later than 5:00 p.m. on April 16, 2014. The proposed rulemaking includes numerous changes, including the following:
- Updating the Application for License and renewal procedures to include listing names and address of growers the FLC applicant plans to contract with in the future, and a list of growers with whom the applicant has contracted with during the last 3 years. The proposed application would require the inclusion of fines, judgments and criminal history necessary for determining an applicant’s competency, character, and responsibility as required by Labor Code 1684(a)(2). The application would also require the applicant to attest to his or awareness of various FLC compliance obligations.
- A new proposed section provides parameters for “character, competency, and responsibility” which the Labor Commissioner must determine prior to issuing a FLC license. The proposed section specifies conditions for rehabilitation of an applicant following a period of time after completion of any ordered incarceration or penalty. The proposed regulation also provides that an applicant who has an unsatisfied final judgment related to the surety bond deposited by the FLC shall not be issued an FLC license.
- A new proposed section specifies the conditions for a licensee to renew their license prior to expiration of their existing license. The proposed regulations set the new and renewal License fee at $500 and in addition to a filing fee of $10. An FLC applicant must pay a separate $100 Examination fee for three attempts to pass the examination in one calendar year. Renewal license applications must be submitted at least 60 days before the expiration of the current license. The Labor Commissioner has 60 days to send a written notice that the license will be issued or rejected, or if additional information is required to make a determination.
- A new poster requirement containing the name of the FLC and the wage rates of employees. The sign must be at least 8-1/2 x 11 inches in size with bold lettering no smaller than 16-point font. In addition, an FLC would have to erect a visible 4 feet by 4 feet sign at each worksite which prominently and legibly identifies the FLC’s name, license number and a name and working phone number for the field supervisor. The sign would have to be placed initially within 30 feet and be clearly visible from the access road nearest the worksite and where workers enter the worksite for the workday.
- Periodic worker safety training to each crew leader, forepersons or others with supervisorial duties over agricultural worker on behalf of the FLC. The required training may be a single quarterly training of at least 15 minutes, or more frequent periodic monthly training during the quarter of a calendar year that the FLC operates which achieves at least 15 minutes total training during the quarter.
Start Growing Today
Farming has never been more challenging, which is why Western Growers invests in fully committed advocates – your advocates – in Sacramento, Phoenix, and Washington, D.C. Only Western Growers offers members so many business services, supported by more than 400 dedicated employees.