Workers' Compensation: Peace Officers and Firefighters: Meningitis

Effective Date of Legislation is January 1, 2001
(Unless Otherwise Specified)

.Farm Labor Contractors

This bill makes changes to the farm labor contractor licensing laws and registration requirements. Among it provisions, this bill:

1. Authorizes the Labor Commissioner of the Department of Industrial Relations to establish a Farm Labor Contractor Special Enforcement Unit in Fresno, California;
2. Establishes higher surety bond requirements that correspond to the farm labor contractor's annual payroll for all employees;
3. Increases the annual license fee from $350 to $500.
4. Provides that $50 of every annual license fee be deposited into the Farmworker Remedial Account;
5. Deletes the $10,000 limitation upon a disbursal of funds by the Labor Commissioner to satisfy a claim against an unlicensed contractor;
6. Permits the Labor Commissioner to pay farm workers from the Farmworker Remedial Account if the contractor's nonpayment was due to the failure of a grower or packer to pay the contractor;
7. Requires an applicant for a farm labor contractor's license to complete a written examination with a minimum score of 85%, limits the examination time to 4 hours, and restricts the number of times an applicant can take the test to three times per year. Also prohibits oral examinations;
8. Requires an applicant to complete a minimum of 8 hours of relevant educational classes annually that are approved by the Labor Commissioner;
9. Requires the Labor Commissioner to submit quarterly a list of all licensees to the California Highway Patrol;
10. Requires the Labor Commissioner to issue laminated picture licenses bearing a hologram and a signature of the licensee; and
11. Requires the farm labor contractor to provide the grower with a copy of the payroll record for every worker and for the grower to retain the records for the duration of the contract.

Farm Labor Contractors - Vetoed

This bill would have expanded current licensing requirements for farm labor contractors (FLC), specifies how long licenses must be kept by agricultural growers and FLC that enter into a contract and tightens existing laws relevant to revocation and suspension of a license. This bill also would have established FLC license verification in the Division of Labor Standards Enforcement, and required the Department of Industrial Relations to set up a FLC Enforcement Unit to assist local district attorneys with prosecution of labor law violations in the agricultural industry.

Governor Davis stated in his veto message "…this legislation would impose criminal penalties for wage violations on one industry and one industry only. Whereas other industries in this state who commit wage and hour violations are subject to civil penalties - even when the violations are more serious that those addressed in this bill.

Wages, Hours and Working Conditions

This bill creates a statewide young worker health and safety resource network to assist in increasing the ability of young workers and their communities to identify and address workplace hazards to prevent young workers from becoming ill or injured on the job. It also allows The Department of Industrial Relations to enter into a contractual or interagency agreement for costs associated with legal services to enforce Cal-OSHA sections of the law.

While the bill included language for the legislature to make funds available through the Budget Act of 2000-2001, the Governor, in a signing message stated "I am directing the Department of Industrial Relations to implement this bill within the existing 2000-01 Governor's State Budget."

This bill amends and revises a number of statutes that regulate wages and hours, including administrative and enforcement procedures. Specifically, this bill:

1. Clarifies the method to calculate interest on unpaid wages by replacing outdated code sections and citing the correct code sections for interest;
2. Requires an employer who appeals a decision by the Labor Commissioner to post an appeal bond to guarantee the payment of wages;
3. Extends the penalties levied on employers in the building and construction industry who issue insufficient funds payroll checks to all employers;
4. Codifies case law regarding the awarding of attorney's fees for unpaid wages;
5. Requires an employer to include piece rate and hourly wage information on itemized wage statements. It also increases the penalties for those employers who "knowingly and intentionally" violate the law;
6. Establishes penalties in the Labor Code for violations of meal and rest periods in accordance with IWC wage orders; and
7. Protects the right of employees to retain their tips by closing loopholes under which some employers in restaurants and clubs have been taking tips from employees.

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Wages, Hours and Working Conditions - Vetoed

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This bill would have established a backstretch employee labor relations process by allowing backstretch employees to exercise their statutory rights to organize a labor union and participate in the collective bargaining process. It would also have required trainers to keep accurate payroll records; required the Division of Labor Standards Enforcement to periodically audit payroll records of trainers; and required the California Horse Racing Association (CHRA) to adopt regulations that address housing standards for backstretch employees. It also would have allowed racing association or fairs to accept advance deposit wagers and wagering instruction to be completed by telephone or electronically.

The Governor stated in his veto message "…This bill would amend current statute to allow Internet and telephone wagering on horse races and add various provisions to govern those activities. The bill would also provide new protections for the racetrack "backstretch" employees including badly needed standards for living conditions such as housing, establishment of a health and welfare fund, and the right to organize for collective bargaining purposes.

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This bill requires persons who employ others in car washing and polishing to register with the

Labor Commissioner and requires an employer who has violated specified labor laws to obtain a surety bond.

The Governor's veto message:

"I am returning Senate Bill 1097 without my signature.

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This bill would require the Director of the Department of Industrial Relations to provide notices, reviews, and recommendations to the Legislature of any proposed or executed international trade agreements that may adversely affect California labor law.

The Governor's veto message:

International trade agreements are primarily within the jurisdiction of the federal government. Therefore, it is unclear how information and recommendations submitted to the Legislature will be relevant to the process.".

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Public Works and Prevailing Wages

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Public Works and Prevailing Wages - Vetoed

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This bill would have deleted the requirement that a contractor forward to the awarding body all monies retained from a subcontractor, if within, 180 days of the filing of a complaint, the Division of Labor Standards Enforcement has not notified the contractor that a wage complaint filed against the subcontractor has been resolved. It also would have extended the time period from 180 days to 2 years in which the Labor Commissioner must file a civil suit to recover wages and penalties from a contractor that failed to pay prevailing wage on a public works job.

In his veto message, Governor Davis stated, "This bill would unnecessarily extend the time frame, from 180 days to two years, in which the Labor Commissioner may file a suit to recover wages and penalties from contractors that fail to pay prevailing wages on a public works project. It is neither fair nor reasonable to expect a contractor on a public works project to wait such a long period of time before learning whether the Labor Commissioner will file a court action to recover underpaid wages and/or penalties."

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This bill would have required awarding bodies to make copies of certified payroll reports available for review by joint labor-management committees. It would also have authorized the joint labor-management committee to bring a civil action against employers if any unpaid wages or benefits were discovered in this review.

Governor Davis stated in his veto message: "…the expressed Congressional intent in enacting legislation that authorized the establishment of joint labor-management committees was to provide a forum in which the representatives of both management and labor could work together cooperatively to ameliorate or eliminate mutual problems. The enforcement of labor law does not appear to be a task that falls within the purview of joint labor-management committees. "

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Workers' Compensation

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Workers' Compensation - Vetoed

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The Governor's veto message:

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This bill would have increased workers' compensation benefits and provided system reforms.

The Governor stated in his veto message: "This bill includes some improvements over the provisions of its predecessor, SB 320, which I vetoed last year. However, as drafted, SB 996 would increase costs to employers statewide by more than $2.6 billion. This bill also includes proposed reforms to the workers' compensation system that are not sufficient to support such a large benefit increase without having an adverse impact on the economy.

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Other Significant Legislation

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Other Legislation

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INDEX

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Workers' Compensation: Peace Officers and firefighters: Meningitis

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Workers' Compensation: Cancer: Peace and Safety Officers

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