Official Summary Text
AB 2227, as amended, Connolly.
Farm labor
contractors: surety bonds.
contractors.
Existing law requires a farm labor contractor to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to farm labor contractors. Existing law prohibits the Labor Commissioner from issuing or renewing a license to act as a farm labor contractor unless specified requirements are met, including that the person
has executed a written application, subscribed and sworn to by the person, and containing specified information, and
has deposited with the Labor Commissioner a surety bond to be payable for, among other things, 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 specified employment
laws.
This bill would require the above-described written application to additionally contain, among other information, the certificate of registration as a farm labor contractor with the United States Department of Labor. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program.
Existing law requires the amount of the surety bond to be based on the size of the person’s annual payroll for all employees, and requires, for payrolls up to $500,000, a $25,000 bond, for payrolls of $500,000 to $2,000,000, a $50,000 bond, and for payrolls greater than $2,000,000, a $75,000 bond. Existing law requires the Labor Commissioner to require documentation of the size of the person’s annual payroll for purposes of these provisions, as provided.
This bill would instead require the amount of the surety bond to be based on the size of the person’s annual gross receipts from operations as a farm labor contractor and whether the person is also a foreign labor contractor. Specifically, for a farm labor contractor who is registered as a foreign labor contractor, the bill would maintain the required bond amount for each of the above-specified ranges measured instead by annual gross receipts. For a person who is not registered as foreign labor contractor, the bill would double the required bond amount. The bill would require the Labor Commissioner to require documentation of the size of the person’s gross receipts for purposes of these provisions, as provided.
The bill would require the Labor Commissioner to, among other things, include bond information on the public farm labor contractor license database, as described.
Existing law authorizes the Labor Commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation. Existing law sets forth various timelines, including for a defendant to answer a complaint, for the Labor Commissioner to file a copy of the order, decision, or award, and for parties to file an appeal.
If a grower, a farm labor contractor, or person acting in the capacity of a farm labor contractor fails to appear or answer within the time allowed after a complaint is filed, as described above, this bill would require the Labor Commissioner to issue an order, decision, or award in the amount stated in the notice, as specified. The bill would authorize the order, decision, or award to be appealed, as specified.
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.