New Farm Labor Contractor Law: Sexual Harassment Prevention Training in Language Understood by Employee

Today, Governor Brown signed into law SB 295 (Monning). Farm labor contractors: sexual harassment prevention.

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. A violation of those laws is a crime. Existing law prohibits the issuance of a farm labor contractor license unless the applicant attests in writing that certain employees have received sexual harassment prevention and reporting training in accordance with prescribed requirements relating to the substance, administration, and record of the training.

This bill additionally requires that training for each agricultural employee be in the language understood by that employee. The bill requires a licensee, as part of his or her application for license renewal, to provide the commissioner with a complete list of all materials or resources utilized to provide sexual harassment prevention training to his or her agricultural employees in the calendar year prior to the month the renewal application is submitted.

The bill also requires a licensee, as part of that application for license renewal, to provide to the commissioner the total number of agricultural employees trained in sexual harassment prevention in the calendar year prior to the month the renewal application is submitted.

The bill requires the commissioner to aggregate the data provided by licensees regarding the number of employees trained and publish on his or her Internet Web site the total number of agricultural employees trained in the previous calendar year.

The bill makes it a violation of existing laws relating to farm labor contractors to fail to comply with specific existing provisions relating to the training requirements or the bill’s requirement to provide the training in the language understood by the employee.

The bill authorizes the commissioner to issue citations and assess civil penalties of $100 for each violation, as prescribed. Because a violation of the new provisions would be a crime, the bill imposes 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 provides that no reimbursement is required by this act for a specified reason.

Source: CA Legislative Info | 2017 © Copyright Payroll Masters

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