Chapter 6. Division of Labor Standards Enforcement
Subchapter 9. Farm Labor Contractors
Article 2. Educational Classes for Farm Labor Contractors (Refs & Annos)

§ 13665. Education Program Approval; Course Criteria; List of Approved Courses.

(a) Any person, nonprofit organization, or educational institution may submit to the Labor Commissioner at the San Francisco Office of the Division of Labor Standards Enforcement's Licensing and Registration Unit a request for evaluation and approval of a proposed educational program in farm labor contracting. The requestor for educational program approval shall submit the written request at least sixty (60) calendar days before the initial start date of the proposed educational program. The written request shall be accompanied by:

(1) a written outline;

(2) a description of the educational program;

(3) a copy of all instructional materials;

(4) a schedule of the proposed date(s), time(s), and location(s) for the proposed educational program;

(5) a copy of the brochure or flyer that will be distributed to proposed participants;

(6) the number of education hours proposed to be offered, and;

(7) a resume for each of the proposed instructor(s). The program provider shall attest to the instructor's competency with an accompanying statement that the proposed instructor satisfies at least one of the following qualifications:

(A) possession of a bachelor's degree in the subject in which he or she is to teach from an institution listed as an institution of higher learning by the U.S. Department of Education or its successor agency, or the equivalent of a bachelor's degree;

(B) five years of experience in the technical occupation which involves the subject in which he or she is to teach; or

(C) possession of a license to teach issued by an appropriate state licensing or certification agency, or federal agency for the subject in which he or she is to teach.

(b) If the Labor Commissioner determines that insufficient information has been provided to meet the criteria specified in subdivision (c) of this section, the Labor Commissioner may investigate any facts regarding the program and request additional information before approving a program.

(c) The Labor Commissioner may approve an educational program submitted which satisfies the following approved core and alternative topics and hours requirements which applicants and licensees shall take and complete for each license period.

(1) For new contractors (applicants), current contractors with less than five (5) years in the business, and contractors with two (2) or more violations within the last two (2) years of any provision of the Labor Code or Title 8 of the California Code of Regulations:

(A) Farm Labor Contractor Requirements (3 hours) which shall include (i) wage and hour (minimum wage, overtime, piece rate, meal/rest breaks), (ii) worker's compensation requirement, (iii) labor costing under Labor Code section 2810, (iv) proper information to employees (Labor Code sections 226 and 2810), (v) transportation and housing, (vi) child labor; and (vii) other requirements as directed by recent legislation.

(B) Health & Safety (2 hours) which shall include (i) injury and illness prevention program, (ii) heat illness (including first aid), (iii) pesticides, (iv) field sanitation, (v) electrical hazards, (vi) agriculture equipment and operation, and (vii) other requirements as directed by legislative action.

(C) Management and Supervision Education for FLCs and supervisors (1 hour) which shall include (i) how to be a good manager, create a positive work environment, and proper role of supervisor; (ii) communication skills; (iii) how to do an adequate investigation into labor law violations reported to you at your workplace; (iv) sexual harassment prevention; and (v) hiring, discipline, and termination issues.

(D) Retaliation Laws and Prohibitions on Retaliation (1 hour) which shall include (i) Labor Code section 98.6 and discrimination in the workplace in general; and (ii) stability in labor relations, collective bargaining, and concerted activity.

(E) Good Grower Relations for a Successful Business (1 hour).

(2) For contractors with at least five (5) years or more in the business without any violation of any provision of the Labor Code or Title 8 of the California Code of Regulations:

(A) Overview of Changes in Farm Labor Contractor Requirements (1.5 hours).

(B) Overview of Changes in Health and Safety (1.5 hours).

(C) Advanced Effective Management and Supervision (1.5 hours).

(D) Best Practices for Good Grower Relations (1.5 hours).

(E) Alternate topics (must have two hours) which may include any of the following: (i) immigration issues in the agriculture industry (including H-2A visa responsibilities); (ii) criminal provisions of the Labor Code; (iii) healthcare reform: what does it mean for you? (iv) landlord and tenant rights, (v) Americans with Disabilities Act, (vi) discrimination in the workplace and hostile work environment, (vii) overview of changes in retaliation laws and prohibitions on retaliation.

(d) Within thirty (30) calendar days of receiving a written request for evaluation and approval of an education program in farm labor contracting, the Labor Commissioner shall inform the requestor in writing:

(1) the request for evaluation and approval is complete and accepted for filing;

(2) the request for evaluation and approval is denied, or;

(3) the request for evaluation is incomplete, specifying the information required to correct the deficiency.

(e) The approval of an educational program pursuant to this section shall be valid for two years from the date of the Labor Commissioner's written notification that the educational program has been approved so long as there is no material change in the program. Persons, nonprofit organizations, or educational institutions must reapply to the Labor Commissioner for approval to offer a program once the period of approval has expired by resubmitting updated documentation items as specified in subdivision (a) of this section.

(f) The Labor Commissioner and the entity providing the education program shall make a list of approved programs available to any member of the public upon request.

(g) Any person, nonprofit organization, or educational institution offering an approved program shall report to the Labor Commissioner in advance of any of the following changes to a program presentation:

(1) a change in the approved program, outline, or program materials;

(2) any substitution of instructional staff which has not been previously approved.

(h) The Labor Commissioner, or his or her authorized representative, shall be entitled to attend any approved program to monitor class presentations at no charge.

(i) The Labor Commissioner may, at his or her discretion, disapprove any educational program for purposes of crediting a class(es) for an applicant seeking a license.

Note: Authority cited: Section 1699, Labor Code. Reference: Section 1684, Labor Code.

HISTORY

1. New article 2 (sections 13665-13665.5) and section filed 5-30-2014; operative 7-1-2014 (Register 2014, No. 22).