reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.5.5 - Fast Food › Section 1474.

1474. For purposes of this part:
(a) “National fast food chain” means a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service. For purposes of the definitions in this part, “limited-service restaurant” includes, but is not limited to, an establishment with the North American Industry Classification System Code 722513.
(b) “Council” means the Fast Food Council.
(c) (1) Except as provided in paragraph (2), “fast food restaurant” means a limited-service restaurant in the state that is part of a national fast food chain.
(2) “Fast food restaurant” shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishment’s premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item.
(d) “Fast food restaurant franchisee” means a person to whom a fast food restaurant franchise is granted.
(e) “Fast food restaurant franchisor” means a person who grants or has granted a fast food restaurant franchise.
(f) “Fast food restaurant operator” means a person who operates a fast food restaurant.
(g) “Franchise,” “franchisee,” and “franchisor” have the definitions set forth in Article 1 (commencing with Section 20000) of Chapter 5.5 of Division 8 of the Business and Professions Code.
(h) “Working conditions” include, but are not limited to, wages, conditions affecting fast food restaurant employees’ health and safety, security in the workplace, the right to take time off work for protected purposes, and the right to be free from discrimination and harassment in the workplace.
(i) When a restaurant is located and operates within a “grocery establishment,” as defined in subdivision (d) of Section 2502, and the grocery establishment employer employs the individuals working in the restaurant, the restaurant shall not be considered a fast food restaurant.
(Added by Stats. 2023, Ch. 262, Sec. 3. (AB 1228) Effective January 1, 2024.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.5.5 - Fast Food › Section 1476.

1476. (a) A fast food restaurant operator shall not discharge or in any manner discriminate or retaliate against any employee due to the employee’s participation in or testimony to any proceeding convened by the council.
(b) The council shall be deemed a governmental agency for purposes of subdivision (a) of Section 1102.5.
(Added by Stats. 2023, Ch. 262, Sec. 3. (AB 1228) Effective January 1, 2024.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.5.5 - Fast Food › Section 1477.

1477. Sections 1474 to 1476, inclusive, shall become operative and shall take effect commencing January 1, 2024, only if Referendum No. 1939 (Attorney General No. 22-0005) has been withdrawn by its proponents by January 1, 2024. If that referendum has not been withdrawn by its proponents by January 1, 2024, Sections 1474 to 1476, inclusive, and this section shall become inoperative on January 1, 2024, and as of that date, are repealed.
(Added by Stats. 2023, Ch. 262, Sec. 3. (AB 1228) Effective January 1, 2024.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.6 - Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay › Section 1490.

1490. (a) The Legislature finds and declares that stability in the California health care workforce will further its efforts to manage the COVID-19 pandemic and address other public health issues that face Californians.
(b) The Legislature further finds and declares that providing California health care workers in 24 hour care facilities with retention payments, as appropriated and available, will advance California’s effort to promote stability and retention in California’s health care workforce.
(Added by Stats. 2022, Ch. 47, Sec. 37. (SB 184) Effective June 30, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.6 - Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay › Section 1494.

1494. (a) In the event of a dispute about the status of an eligible physician, the retention payment amount, or the physician entity’s failure to make a retention payment, the physician may write to the physician entity and request a review of the physician’s eligibility status, retention payment amount, or the physician entity’s failure to make a retention payment. The physician entity shall have 30 days to review the physician’s request, disclose to the physician the amount received from the department subject to the methodology described in subdivision (d) of Section 1492, and cure any alleged deficiency without penalty.
(b) If the physician entity does not conclude the retention payment review described in subdivision (a) within 30 days of receipt of the review request, or the physician entity does not cure the alleged deficiency within 30 days of receipt of the review request, the employee may file a complaint with the department. If the department finds that the physician entity failed to make a required retention payment, the physician entity shall be ordered to make full payment of the unpaid amount, plus interest at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the retention payment funds were transmitted to the physician entity by the department as provided in Section 1492. A physician employer that willfully fails to make a full retention payment after receiving a request for review described in subdivision (a) shall be liable to the employee for liquidated damages in an amount equal to the unpaid amount.
(c) Notwithstanding any other law, the department shall not be required to indemnify a physician entity for any liability it incurs pursuant to subdivision (b).
(Added by Stats. 2022, Ch. 47, Sec. 37. (SB 184) Effective June 30, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.6 - Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay › Section 1495.

1495. (a) In serving as a conduit for the retention payments under this part, covered entities, covered services employers, and physician entities are carrying out a state program. This part does not create a private right of action in any civil litigation against covered entities, covered services employers, and physician entities regarding the administration of the retention payment program and in the receipt and transmittal of retention payment program funds.
(b) Notwithstanding any other law, retention payments described in this part are not wages as defined in Section 200.
(c) Except as provided in Sections 1493 and 1494, and notwithstanding any other law, covered entities, covered services employers, physician entities, and the department shall not be liable for damages awarded under Section 3294 of the Civil Code, Sections 2698 to 2699.5, or other damages imposed primarily for the sake of example and by way of punishing the defendant, in any civil litigation related to the retention payments described in this part.
(Added by Stats. 2022, Ch. 47, Sec. 37. (SB 184) Effective June 30, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 5 - Civil Air Patrol › Section 1500.

1500. This part shall be known and may be cited as the Civil Air Patrol Employment Protection Act.
(Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 5 - Civil Air Patrol › Section 1501.

1501. In this part, the following terms have the following meanings:
(a) “Civil Air Patrol leave” means leave requested by an employee who is a volunteer member of the California Wing of the civilian auxiliary of the United States Air Force commonly known as the Civil Air Patrol and who has been duly directed and authorized by the United States Air Force, the California Emergency Management Agency, or other political subdivision of the State of California that has the authority to authorize an emergency operational mission of the California Wing of the Civil Air Patrol, to respond to an emergency operational mission, within or outside of the state, of the California Wing of the Civil Air Patrol.
(b) “Employee” means a person who may be permitted, required, or directed by an employer for wages or pay to engage in any employment and who has been employed by that employer for at least a 90-day period immediately preceding the commencement of leave, if otherwise eligible for leave.
(c) “Employee benefits” means all benefits, other than salary and wages, provided or made available to an employee by an employer and includes group life insurance, health insurance, disability insurance, and pensions, regardless of whether benefits are provided by a policy or practice of an employer.
(d) “Employer” means any person, partnership, corporation, association, or other business entity; or the State of California, a municipality, or other unit of local government; that employs more than 15 employees.
(Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 5 - Civil Air Patrol › Section 1502.

1502. An employer shall not discriminate against or discharge from employment a member of the Civil Air Patrol because of such membership and shall not hinder or prevent a member from performing service as part of the California Wing of the Civil Air Patrol during an emergency operational mission of the California Wing of the Civil Air Patrol for which a member is entitled to leave under this part.
(Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 5 - Civil Air Patrol › Section 1503.

1503. (a) (1) An employer shall provide not less than 10 days per calendar year of unpaid Civil Air Patrol leave to an employee responding to an emergency operational mission of the California Wing of the Civil Air Patrol. Civil Air Patrol leave for a single emergency operational mission shall not exceed three days, unless an extension of time is granted by the governmental entity that authorized the emergency operational mission, and the extension of the leave is approved by the employer.
(2) Notwithstanding paragraph (1), an employer is not required to grant Civil Air Patrol leave to an employee who is required to respond to either the same or other simultaneous emergency operational mission as a first responder or disaster service worker for a local, state, or federal agency.
(b) (1) An employee shall give the employer as much notice as possible of the intended dates upon which the Civil Air Patrol leave will begin and end.
(2) An employer may require certification from the proper Civil Air Patrol authority to verify the eligibility of the employee for the leave requested or taken. The employer may deny the leave to be taken as Civil Air Patrol leave if the employee fails to provide the required certification.
(c) An employee taking leave under this part shall not be required to exhaust all accrued vacation leave, personal leave, compensatory leave, sick leave, disability leave, and any other leave that may be available to the employee in order to take Civil Air Patrol leave.
(d) Nothing in this act prevents an employer from providing paid leave for leave taken pursuant to this part.
(Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 5 - Civil Air Patrol › Section 1504.

1504. (a) An employer shall, upon expiration of a leave authorized by this part, restore an employee to the position held by him or her when the leave began or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. An employer may decline to restore an employee as required in this subdivision because of conditions unrelated to the exercise of rights under this part by the employee.
(b) An employer and an employee may negotiate for the employer to maintain the benefits of the employee at the expense of the employer during the leave.
(Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 5 - Civil Air Patrol › Section 1505.

1505. (a) Taking Civil Air Patrol leave under this part shall not result in the loss of an employee benefit accrued before the date on which the leave began.
(b) This part does not affect the obligation of an employer to comply with any collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this part.
(c) The rights provided under this part shall not be diminished by any collective bargaining agreement or employee benefit plan entered into on or after January 1, 2010.
(d) This part does not affect or diminish the contract rights or seniority status of an employee not entitled to Civil Air Patrol leave.
(Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 5 - Civil Air Patrol › Section 1506.

1506. (a) An employer shall not interfere with, restrain, or deny the exercise or the attempt to exercise a right established by this part.
(b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who does any of the following:
(1) Exercises a right provided under this part.
(2) Opposes a practice made unlawful by this part.
(Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 5 - Civil Air Patrol › Section 1507.

1507. (a) An employee may bring a civil action in the superior court of the appropriate county to enforce this part.
(b) The court may enjoin any act or practice that violates this part and may order any equitable relief necessary and appropriate to redress the violation or to enforce this part.
(Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 5.5 - ORGAN AND BONE MARROW DONATION › Section 1508.

1508. This part shall be known and may be cited as the Michelle Maykin Memorial Donation Protection Act.
(Added by Stats. 2010, Ch. 646, Sec. 1. (SB 1304) Effective January 1, 2011.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 5.5 - ORGAN AND BONE MARROW DONATION › Section 1509.

1509. For purposes of this part, the following terms have the following meanings:
(a) “Employee” and “employee benefits” have the same meanings set forth in Section 1501.
(b) “Employer” means any person, partnership, corporation, association, or other business entity that employs 15 or more employees.
(Amended by Stats. 2011, Ch. 296, Sec. 195. (AB 1023) Effective January 1, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 5.5 - ORGAN AND BONE MARROW DONATION › Section 1511.

1511. An employer shall, upon expiration of a leave authorized by this part, restore an employee to the position held by him or her when the leave began or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. An employer may decline to restore an employee as required in this section because of conditions unrelated to the exercise of rights under this part by the employee.
(Added by Stats. 2010, Ch. 646, Sec. 1. (SB 1304) Effective January 1, 2011.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 5.5 - ORGAN AND BONE MARROW DONATION › Section 1512.

1512. (a) An employer shall not interfere with, restrain, or deny the exercise or the attempt to exercise a right established by this part.
(b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who does either of the following:
(1) Exercises a right provided under this part.
(2) Opposes a practice made unlawful by this part.
(Added by Stats. 2010, Ch. 646, Sec. 1. (SB 1304) Effective January 1, 2011.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 5.5 - ORGAN AND BONE MARROW DONATION › Section 1513.

1513. (a) An employee may bring a civil action in the superior court of the appropriate county to enforce this part.
(b) The court may enjoin any act or practice that violates this part and may order any equitable relief necessary and appropriate to redress the violation or to enforce this part.
(Added by Stats. 2010, Ch. 646, Sec. 1. (SB 1304) Effective January 1, 2011.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1682.

1682. As used in this chapter:
(a) “Person” includes any individual, firm, partnership, association, limited liability company, or corporation.
(b) “Farm labor contractor” designates any person who, for a fee, employs workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person, or who recruits, solicits, supplies, or hires workers on behalf of an employer engaged in the growing or producing of farm products, and who, for a fee, provides in connection therewith one or more of the following services: furnishes board, lodging, or transportation for those workers; supervises, times, checks, counts, weighs, or otherwise directs or measures their work; or disburses wage payments to these persons.
(c) “License” means a license issued by the Labor Commissioner to carry on the business, activities, or operations of a farm labor contractor under this chapter.
(d) “Licensee” means a farm labor contractor who holds a valid and unrevoked license under this chapter.
(e) “Fee” shall mean (1) the difference between the amount received by a labor contractor and the amount paid out by him or her to persons employed to render personal services to, for or under the direction of a third person; (2) any valuable consideration received or to be received by a farm labor contractor for or in connection with any of the services described above, and shall include the difference between any amount received or to be received by him or her, and the amount paid out by him or her, for or in connection with the rendering of such services.
(Amended by Stats. 1994, Ch. 1010, Sec. 183. Effective January 1, 1995.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1682.3.

1682.3. “Farm labor contractor” includes any “day hauler.” “Day hauler” means any person who is employed by a farm labor contractor to transport, or who for a fee transports, by motor vehicle, workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person.
(Added by Stats. 1957, Ch. 1704.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1682.4.

1682.4. “Farm labor contractor” does not include a commercial packing house engaged in both the harvesting and the packing of citrus fruit or soft fruit for a client or customer.
(Added by Stats. 1985, Ch. 662, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1682.5.

1682.5. This chapter does not apply to:
(a) A nonprofit corporation or organization with respect to services specified in subdivision (b) of Section 1682, which are performed for its members.
(b) Any person who performs the services specified in subdivision (b) of Section 1682 only within the scope of his employment by the third person on whose behalf he is so acting and not as an independent contractor.
(Added by Stats. 1955, Ch. 1834.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1682.7.

1682.7. The Labor Commissioner shall ensure that the office maintained in Fresno has suitable facilities and sufficient personnel for the examination and licensing of farm labor contractors and for the processing of complaints against farm labor contractors or any agent of a farm labor contractor.
(Added by Stats. 2000, Ch. 877, Sec. 1. Effective January 1, 2001.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1682.8.

1682.8. The Labor Commissioner may establish and maintain a Farm Labor Contractor Special Enforcement Unit within the Division of Labor Standards Enforcement office in Fresno of the Department of Industrial Relations for the hiring of additional agents to enforce the provisions of this chapter by revoking, suspending, or refusing to renew farm labor contractors’ licenses pursuant to Section 1690.
(Added by Stats. 2000, Ch. 917, Sec. 1. Effective January 1, 2001.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1683.

1683. (a) A person shall not act as a farm labor contractor until a license to do so has been issued to the person by the Labor Commissioner and the license is in full force and effect and in the person’s possession. The Labor Commissioner shall provide by regulation a means of issuing duplicate licenses in case of loss of the original license or any other appropriate instances.
(b) (1) A person who violates this section is subject to a civil penalty as follows:
(A) For any initial citation, one hundred dollars ($100) for each farmworker employed by the unlicensed person, plus one hundred dollars ($100) for each calendar day that a violation occurs, for a total penalty not to exceed ten thousand dollars ($10,000).
(B) For a second citation, two hundred dollars ($200) for each farmworker employed by the unlicensed person, plus two hundred dollars ($200) for each calendar day that a violation occurs, for a total penalty not to exceed twenty thousand dollars ($20,000).
(C) For a third or subsequent citation, five hundred dollars ($500) for each farmworker employed by the unlicensed person, plus five hundred dollars ($500) for each calendar day that a violation occurs, for a total penalty not to exceed fifty thousand dollars ($50,000).
(2) If, upon inspection or investigation, the Labor Commissioner determines that a person has violated this section, the Labor Commissioner shall issue a citation. The procedures for issuing, contesting, and enforcing citations or civil penalties issued by the Labor Commissioner for a violation of this section are the same as those described in Section 1197.1.
(3) The civil penalties collected pursuant to this section shall be deposited into the Farmworker Remedial Account and shall be available, upon appropriation by the Legislature, for purposes of this chapter.
(4) The civil penalties provided for in this section are in addition to any other penalty provided by law.
(c) For purposes of this section, “license” includes a letter of authorization issued by the Labor Commissioner pursuant to paragraph (2) of subdivision (a) of Section 1695.7.
(Amended by Stats. 2012, Ch. 857, Sec. 1. (AB 1675) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1684.3.

1684.3. Whenever an application for a license or renewal is made, and application processing pursuant to this chapter has not been completed, the Labor Commissioner may, at his or her discretion, issue a temporary or provisional license valid for a period not exceeding 90 days, and subject, where appropriate, to the automatic and summary revocation by the Labor Commissioner. Otherwise, the conditions for issuance or renewal shall meet the requirements of Section 1684.
(Added by Stats. 1984, Ch. 557, Sec. 2.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1684.5.

1684.5. The Labor Commissioner shall quarterly submit to the Department of the California Highway Patrol a list of all licensees.
(Amended by Stats. 2000, Ch. 917, Sec. 3. Effective January 1, 2001.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1685.

1685. No license to operate as a farm labor contractor shall be granted:
(a) To any person who sells or proposes to sell intoxicating liquors in a building or on premises where he or she operates or proposes to operate as a farm labor contractor.
(b) To a person whose license has been revoked within three years from the date of application.
(c) To a person who, within the preceding three years, has been found by a court or an administrative agency to have committed sexual harassment of an employee, or who, within the preceding three years, employed any supervisor, crewleader, mayordomo, foreperson, or any other employee of the applicant whose duties include the supervision, direction, or control of any agricultural worker whom the applicant knew or should have known has been found by a court or an administrative agency, within the preceding three years of his or her employment with the applicant, to have committed sexual harassment of an employee. A person shall be deemed not to have knowledge under this subdivision that any supervisor, crewleader, mayordomo, foreperson, or any other employee has been found by a court or any administrative agency to have committed sexual harassment if that supervisor, crewleader, mayordomo, foreperson, or any other employee executes a statement on a form provided by the Labor Commissioner that includes the following statement: “I have not been found to have committed sexual harassment by any court or any administrative agency within the preceding three years.” This subdivision shall not apply until the Labor Commissioner prepares the form and makes it available on the division’s Internet Web site.
(Amended by Stats. 2014, Ch. 750, Sec. 2. (SB 1087) Effective January 1, 2015.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1686.

1686. The Labor Commissioner, upon proper notice and hearing, may refuse to grant a license. The proceedings shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code and the commissioner shall have all of the powers granted therein.
(Added by Stats. 1951, Ch. 1746.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1687.

1687. (a) Each laminated license shall contain, on the face thereof, all of the following:
(1) The name and address of the licensee and the fact that the licensee is licensed to act as a farm labor contractor for the period upon the face of the license only.
(2) The number, date of issuance, and date of expiration of the license.
(3) The amount of the surety bond deposited by the licensee.
(4) The fact that the license may not be transferred or assigned.
(5) A picture of the licensee taken at the time of application.
(b) The license shall be similar in size and format to a driver’s license issued by the Department of Motor Vehicles, and shall contain a hologram and a signature to verify authenticity. The cost of the hologrammed license shall be appropriated from the license fee.
(c) The license shall contain on the back thereof the definition of a farm labor contractor, as defined by subdivision (b) of Section 1682.
(Amended by Stats. 2000, Ch. 917, Sec. 4. Effective January 1, 2001.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1688.

1688. The license when first issued shall run to the next birthday of the applicant, and each license shall then be renewed within the 30 days preceding the licensee’s birthday and shall run from birthday to birthday. In case the applicant is a partnership or corporation, the license for a partnership shall be renewed within the 30 days preceding the birthday of the oldest partner, and the license for a corporation shall be renewed within the 30 days preceding the anniversary of the date the corporation was lawfully formed. Renewal shall require the filing of an application for renewal, a renewal bond, and the payment of the annual license fee, but the Labor Commissioner may demand that a new application or a new bond be submitted.
(Amended by Stats. 1982, Ch. 517, Sec. 301.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1689.

1689. All applications for renewal shall state the names and addresses of all persons, except bona fide employees on stated salaries, financially interested either as partners, associates or profit sharers in the operation of the farm labor contractor.
(Amended by Stats. 1967, Ch. 125.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1690.

1690. The Labor Commissioner may revoke, suspend, or refuse to renew any license if it is shown that any of the following have occurred:
(a) The licensee or any agent of the licensee has violated or failed to comply with any of the provisions of this chapter.
(b) The licensee has made any misrepresentations or false statements in his or her application for a license.
(c) The conditions under which the license was issued have changed or no longer exist.
(d) The licensee, or any agent of the licensee, has violated, or has willfully aided or abetted any person in the violation of, or failed to comply with, any law of the State of California regulating the employment of employees in agriculture, the payment of wages to farm employees, or the conditions, terms, or places of employment affecting the health and safety of farm employees, which is applicable to the business, activities, or operations of the licensee in his or her capacity as a farm labor contractor.
(e) The licensee, or any agent of the licensee, has failed to comply with any provisions of the Vehicle Code pertaining to a farm labor vehicle, as described in Section 322 of the Vehicle Code, under the licensee’s control, or has allowed a farm labor vehicle under his or her control to be operated by a driver without a valid driver’s license and certificate required pursuant to Section 12519 of the Vehicle Code.
(f) The licensee has been found, by a court or the Secretary of Labor, to have violated any provision of the federal Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. Sec. 1801 et seq.), provided that the licensee is required to register as a farm labor contractor pursuant to federal law.
(g) The licensee has been found by a court or an administrative agency to have committed sexual harassment of an employee, or has employed any supervisor, crewleader, mayordomo, foreperson, or any other employee of the licensee whose duties include the supervision, direction, or control of any agricultural worker on behalf of the licensee, whom the licensee knew or should have known has been found by a court or an administrative agency, within the preceding three years, to have committed sexual harassment of an employee. A licensee shall be deemed not to have knowledge under this subdivision that any supervisor, crewleader, mayordomo, foreperson, or any other employee has been found by a court or any other administrative agency to have committed sexual harassment if that supervisor, crewleader, mayordomo, foreperson, or any other employee executes a statement on a form provided by the Labor Commissioner that includes the following statement: “I have not been found to have committed sexual harassment by any court or any administrative agency within the preceding three years.” This subdivision shall not apply until the Labor Commissioner prepares the form and makes it available on the division’s Internet Web site.
(Amended by Stats. 2014, Ch. 750, Sec. 3. (SB 1087) Effective January 1, 2015.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1690.1.

1690.1. (a) (1) If a licensee fails to remit the proper amount of worker contributions required by Chapter 4 (commencing with Section 901) of Part 1 of Division 1 of the Unemployment Insurance Code, or the Employment Development Department has made an assessment for unpaid worker contributions against the licensee that is final, the Labor Commissioner shall, upon written notice by the Employment Development Department, refuse to issue or renew the license of that licensee until the licensee has fully paid the amount of delinquency for the unpaid worker contributions.
(2) The Labor Commissioner shall not, however, refuse to renew the license of a licensee under this section until the assessment for unpaid worker contributions is final and unpaid, and the licensee has exhausted, or failed to seek, his or her right of administrative review of that final assessment, pursuant to Chapter 4 (commencing with Section 901) of Part 1 of Division 1 of the Unemployment Insurance Code.
(b) If any licensee fails to remit the amounts required by Section 227, the Labor Commissioner shall refuse to issue or renew the license of the licensee until the delinquent amount has been paid in full.
(Amended by Stats. 2014, Ch. 750, Sec. 4. (SB 1087) Effective January 1, 2015.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1691.

1691. (a) If any licensee has been subject to two or more final judgments by a court for failure to pay wages due with respect to his or her agricultural employees within a five-year period, the Labor Commissioner shall suspend for one year the license of the licensee. The Labor Commissioner shall maintain a telephone information line for the purpose of advising potential or actual employees of farm labor contractors regarding the compliance of individual farm labor contractors with applicable laws and regulations.
(b) For purposes of this section, a “serious violation” shall have the same meaning as provided in paragraph (1) of subdivision (a) of Section 6130 of Title 3 of the California Code of Regulations.
(Amended by Stats. 1992, Ch. 1349, Sec. 2. Effective January 1, 1993.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1692.

1692. Before revoking or suspending any license, the Labor Commissioner shall afford the holder of such license an opportunity to be heard in person or by counsel. The proceedings shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all the powers granted therein.
(Added by Stats. 1951, Ch. 1746.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1692.5.

1692.5. A licensee whose license is suspended or revoked pursuant to the provisions of this chapter shall immediately surrender such license to the Labor Commissioner.
(Added by Stats. 1970, Ch. 448.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1693.

1693. The Labor Commissioner and the deputies and representatives authorized by the Labor Commissioner in writing may take assignments of actions on the bond against licensees by persons damaged and may prosecute such actions on behalf of persons who, in the judgment of the Labor Commissioner, are financially unable to employ counsel, in the same manner that claims are prosecuted under Section 98.
(Amended by Stats. 1982, Ch. 517, Sec. 304.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1694.

1694. If a licensee has departed from the state or has left the jurisdiction in which a violation of this chapter is alleged to have occurred with intent to defraud creditors or to avoid service of summons in any action brought under this chapter, service shall be made upon the surety as prescribed in the Code of Civil Procedure. A copy of the summons shall be mailed to the licensee at the last known post office address of his or her residence, as shown by the records of the Labor Commissioner. Service is complete as to the licensee, after mailing, at the expiration of the time prescribed by the Code of Civil Procedure for service of summons in the particular court in which suit is brought.
(Amended by Stats. 2014, Ch. 750, Sec. 5. (SB 1087) Effective January 1, 2015.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1695.5.

1695.5. (a) Every farm labor contractor, upon request of any agricultural grower with whom he or she has a contract to supply farmworkers, shall immediately furnish the grower with a payroll list of all the contractor’s employees working for the grower.
(b) The payroll list shall be on a uniform form approved by the Labor Commissioner, which shall include, but not be limited to, the employee’s name, social security number, permanent and temporary address, telephone number, and length of employment with the grower.
(c) The requirements of this section are in addition to any requirements of federal law, including the federal Migrant and Seasonal Agricultural Worker Protection Act (Chapter 20 (commencing with Section 1801), Title 29, United States Code).
(Amended by Stats. 1988, Ch. 1000, Sec. 4.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1695.55.

1695.55. (a) Every person acting in the capacity of a farm labor contractor shall provide any grower with whom he or she has contracted to supply farmworkers a payroll record for each farmworker providing labor under the contract. The payroll record shall include a disclosure of the net and gross wages, total hours worked, and total hourly and piece rate earnings for each farmworker.
(b) Each grower entering into a contract with a farm labor contractor shall retain a copy of the payroll record provided by the contractor for a period of three years after the contract has ended.
(Amended by Stats. 2014, Ch. 750, Sec. 7. (SB 1087) Effective January 1, 2015.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1695.8.

1695.8. (a) No person whose license was suspended, revoked, or denied renewal by the Labor Commissioner shall perform any activity or service specified in subdivision (b) of Section 1682 or in Section 1682.3 to, for, or under the direction of a farm labor contractor, whether as an employee, independent contractor, or otherwise, for three years after the license is suspended, revoked, or denied renewal, or until the license is reinstated, whichever first occurs.
(b) No farm labor contractor shall knowingly contract with or use any person specified in subdivision (a), whether as an employee, independent contractor, or otherwise, to perform an activity or service specified in subdivision (b) of Section 1682 or in Section 1682.3 for three years after the license of the person is suspended, revoked, or denied renewal, or until the license is reinstated, whichever first occurs.
(Added by Stats. 2001, Ch. 157, Sec. 2. Effective January 1, 2002.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1695.9.

1695.9. Any person contracted by a farm labor contractor who is acting in the capacity of a farm labor contractor shall first provide to the farm labor contractor a copy of his or her current valid state license. A farm labor contractor is responsible for ensuring that every person who is performing farm labor contracting activities on behalf of the farm labor contractor has obtained a farm labor contractor license as required by Section 1683 prior to the person’s engagement in any activity described in subdivision (b) of Section 1682. A farm labor contractor who utilizes the services of another farm labor contractor who is not his or her employee shall also comply with the provisions of this chapter. The farm labor contractor is responsible for any violations of this chapter committed by his or her employee, whether or not the employee has registered as required by this chapter. The farm labor contractor shall keep a copy of the license or licenses for a period of three years following the termination of the contract or agreement.
(Added by Stats. 2001, Ch. 157, Sec. 3. Effective January 1, 2002.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1696.

1696. No licensee shall:
(1) Make any misrepresentation or false statement in his application for a license.
(2) Make or cause to be made, to any person, any false, fraudulent, or misleading representation, or publish or circulate or cause to be published or circulated any false, fraudulent, or misleading information concerning the terms or conditions or existence of employment at any place or places, or by any person or persons, or of any individual or individuals.
(3) Send or transport any worker to any place where the labor contractor knows a strike or lockout exists, without notifying the worker that such conditions exist.
(4) Do any act in his capacity as a farm labor contractor, or cause any act to be done, which constitutes a crime involving moral turpitude, or the effect of which causes any act to be done which constitutes a crime involving moral turpitude under any law of the State of California.
(Added by Stats. 1951, Ch. 1746.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1696.2.

1696.2. All vehicles used by a licensee or his or her employees or agents for the transportation of individuals in his or her operations as a farm labor contractor shall have displayed prominently at the entrance of the vehicle the name of the farm labor contractor and the number of his or her license as issued by the Labor Commissioner pursuant to this chapter.
(Amended by Stats. 2014, Ch. 750, Sec. 8. (SB 1087) Effective January 1, 2015.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1696.3.

1696.3. Any farm labor contractor or person employed by a farm labor contractor who operates a bus or truck in the transportation of individuals in connection with the business, activities, or operations of a farm labor contractor shall be licensed as required by Section 12519 of the Vehicle Code.
(Amended by Stats. 1963, Ch. 209.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1696.4.

1696.4. (a) All vehicles defined in Section 322 of the Vehicle Code, including those described in Section 1696.3, used by a farm labor contractor for the transportation of individuals in his or her operations as a farm labor contractor, including, but not limited to, vehicles not owned by that contractor, shall be registered with the Labor Commissioner. The registration shall include the name of the owner and driver of the vehicle, and the license number and description of the vehicle. The Labor Commissioner shall require, as a condition of registration, that the farm labor contractor submit evidence showing that the contractor has in effect an insurance policy applicable to the vehicle, as required by Section 1695.
(b) Commencing on April 1, 2000, and quarterly thereafter, the Labor Commissioner shall provide the Commissioner of the California Highway Patrol with a list of all vehicles registered pursuant to subdivision (a).
(Amended by Stats. 1999, Ch. 556, Sec. 1. Effective September 29, 1999.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1696.5.

1696.5. Every licensee shall, at the time of each payment of wages, which shall be not less often than once every week as required by Section 205 of this code, furnish each of the workers employed by him or her either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately, an itemized statement in writing that complies with the requirements of subdivision (a) of Section 226 and shows in detail each deduction made from the wages.
(Amended by Stats. 2014, Ch. 750, Sec. 9. (SB 1087) Effective January 1, 2015.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 3 - Farm Labor Contractors › Section 1696.6.

1696.6. (a) No licensee shall recruit or solicit and transport an employee for farmwork unless he has first obtained, either orally or in writing, a bona fide order for such employment.
(b) Any farm labor contractor who recruits or solicits a farmworker without a bona fide order and induces him to be transported to a proposed jobsite and does not then provide employment for him shall pay wages to such farmworker at the agreed rate of pay for the job to which he was being transported and for the elapsed time from the point of departure with return to the same place.
(Added by Stats. 1965, Ch. 1979.)