2005 California Labor Code Sections 1682-1699 CHAPTER 3. FARM LABOR CONTRACTORS

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.
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.
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.
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.
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.
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.
1683.  No person shall act as a farm labor contractor until a
license to do so has been issued to him by the Labor Commissioner,
and unless such license is in full force and effect and is in his
possession.  The Labor Commissioner shall, by regulation, provide a
means of issuing duplicate licenses in case of loss of the original
license or any other appropriate instances.
1684.  (a) The Labor Commissioner shall not issue to any person a
license to act as a farm labor contractor, nor shall the Labor
Commissioner renew that license, until all of the following
conditions are satisfied:
   (1) The person has executed a written application in a form
prescribed by the Labor Commissioner, subscribed and sworn to by the
person, and containing all of the following:
   (A) A statement by the person of all facts required by the Labor
Commissioner concerning the applicant's character, competency,
responsibility, and the manner and method by which the person
proposes to conduct operations as a farm labor contractor if the
license is issued.
   (B) 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 proposed operation as
a farm labor contractor, together with the amount of their
respective interests.
   (C) A declaration consenting to the designation by a court of the
Labor Commissioner as an agent available to accept service of summons
in any action against the licensee if the licensee has left the
jurisdiction in which the action is commenced or otherwise has become
unavailable to accept service.
   (2) The Labor Commissioner, after investigation, is satisfied as
to the character, competency, and responsibility of the person.
   (3) The person has deposited with the Labor Commissioner a surety
bond in an amount based on the size of the person's annual payroll
for all employees, as follows:
   (A) For payrolls up to five hundred thousand dollars ($500,000), a
twenty-five thousand dollar ($25,000) bond.
   (B) For payrolls of five hundred thousand dollars ($500,000) to
two million dollars ($2,000,000), a fifty thousand dollar ($50,000)
bond.
   (C) For payrolls greater than two million dollars ($2,000,000), a
seventy-five thousand dollar ($75,000) bond.
   Where the contractor has been the subject of a final judgment in a
year in an amount equal to that of the bond required, he or she
shall be required to deposit an additional bond within 60 days.  The
bond shall be payable to the people of the State of California and
shall be conditioned that the farm labor contractor will comply with
all the terms and provisions of this chapter and will pay all damages
occasioned to any person by failure to do so, or by any violation of
this chapter, or false statements or misrepresentations made in the
procurement of the license.  The bond shall also be payable for
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 this code.
   (4) The person has paid to the Labor Commissioner a license fee of
five hundred dollars ($500) plus a filing fee of ten dollars ($10).
However, where a timely application for renewal is filed, the ten
dollar ($10) filing fee is not required.  The Labor Commissioner
shall deposit fifty dollars ($50) of each licensee's annual license
fee into the Farmworker Remedial Account.  Funds from this account
shall be disbursed by the Labor Commissioner only to persons
determined by the Labor Commissioner to have been damaged by any
licensee when the damage exceeds the limits of the licensee's bond,
or to persons determined by the Labor Commissioner to have been
damaged by an unlicensed farm labor contractor.  In making these
determinations, the Labor Commissioner shall disburse funds from the
Farmworker Remedial Account to satisfy claims against farm labor
contractors or unlicensed farm labor contractors, which shall also
include interest on wages and any damages arising from the 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 this code.  The Labor Commissioner may disburse funds
from the Farmworker Remedial Account to farm labor contractors, for
payment of farmworkers, where a contractor is unable to pay
farmworkers due to the failure of a grower or packer to pay the
contractor.  Any disbursed funds subsequently recovered by the Labor
Commissioner pursuant to Section 1693, or otherwise, shall be
returned to the Farmworker Remedial Account.
   (5) The person has taken a written examination that demonstrates
an essential degree of knowledge of the current laws and
administrative regulations concerning farm labor contractors as the
Labor Commissioner deems necessary for the safety and protection of
farmers, farmworkers, and the public.  To successfully complete the
examinations, the person must correctly answer at least 85 percent of
the questions posed.  The examination period shall not exceed four
hours.  The examination may only be taken a maximum of three times in
a calendar year.  The examinations shall include a demonstration of
knowledge of the current laws and regulations regarding wages, hours,
and working conditions, penalties, employee housing and
transportation, collective bargaining, field sanitation, and safe
work practices related to pesticide use, including all of the
following subjects:
   (A) Field reentry regulations.
   (B) Worker pesticide safety training.
   (C) Employer responsibility for safe working conditions.
   (D)  Symptoms and appropriate treatment of pesticide poisoning.
   (6) The person has registered as a farm labor contractor pursuant
to the federal Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C.  1801 et seq.), when registration is required pursuant
to federal law.
   (b) (1) The Labor Commissioner shall consult with the Director of
Pesticide Regulation, the Department of the California Highway
Patrol, the Department of Housing and Community Development, the
Employment Development Department, the Department of Food and
Agriculture, the Department of Motor Vehicles, and the Division of
Occupational Safety and Health in preparing the examination required
by paragraph (5) of subdivision (a) and the appropriate educational
materials pertaining to the matters included in the examination, and
may charge a fee of not more than one hundred dollars ($100) to cover
the cost of administration of the examination.
   (2) In addition, the person must enroll and participate in at
least eight hours of relevant, educational classes each year.  The
classes shall be chosen from a list of approved classes prepared by
the Labor Commissioner, in consultation with the persons and entities
listed in paragraph (1) and county agricultural commissioners.
   (c) The Labor Commissioner may renew a license without requiring
the applicant for renewal to take the examination specified in
paragraph (5) of subdivision (a) if the Labor Commissioner finds that
the applicant meets all of the following criteria:
   (1) Has satisfactorily completed the examination during the
immediately preceding two years.
   (2) Has not during the preceding year been found to be in
violation of any applicable laws or regulations including, but not
limited to, Division 7 (commencing with Section 12501) of the Food
and Agricultural Code, Part 1 (commencing with Section 17000) of
Division 13 of the Health and Safety Code, Division 2 (commencing
with Section 200), Division 4 (commencing with Section 3200), and
Division 5 (commencing with Section 6300) of this code, and Chapter 1
(commencing with Section 12500) of Division 6 of the Vehicle Code.
   (3) Has, for each year since the license was obtained, enrolled
and participated in at least eight hours of relevant, educational
classes, chosen from a list of approved classes prepared by the Labor
Commissioner.
   (4) Has complied with all other requirements of this section.
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.
1684.5.  The Labor Commissioner shall quarterly submit to the
Department of the California Highway Patrol a list of all licensees.
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 operates or proposes to
operate as a farm labor contractor.
   (b) To a person whose license has been revoked within three (3)
years from the date of application.
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.
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.
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.
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.
1690.  The Labor Commissioner may revoke, suspend, or refuse to
renew any license when 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 Sections 322 and 323 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 (Chapter 20 (commencing
with Section 1801), Title 29, United States Code), provided that the
licensee is required to register as a farm labor contractor pursuant
to federal law.
1690.1.  If any 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 such
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 such
licensee until such licensee has fully paid the amount of delinquency
for such unpaid worker contributions.
   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 right of administrative review of
such final assessment, pursuant to Chapter 4 (commencing with Section
901) of Part 1 of Division 1 of the Unemployment Insurance Code.
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.
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.
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.
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.
1694.  When a licensee has departed from the State 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 residence, as shown by the records of the Labor Commissioner.
  Service is complete as to such 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.
1695.  (a) Every licensee shall do all of the following:
   (1) Carry his or her license and proof of registration issued
pursuant to paragraph (8) with him or her at all times and exhibit
the same to all persons with whom he or she intends to deal in his or
her capacity as a farm labor contractor prior to so dealing.
   (2) File at the United States Post Office serving the address of
the licensee, as noted on the face of his or her license, with the
office of the Labor Commissioner, and with the agricultural
commissioner of the county or counties in which the labor contractor
has contracted with a grower, a correct change of address immediately
upon each occasion the licensee permanently moves his or her
address.  The address shall also be the mailing address for purposes
of notice required by the Labor Code or by any other applicable
statute or regulations respecting service by mail.
   (3) Promptly when due, pay or distribute to the individuals
entitled thereto, all moneys or other things of value entrusted to
the licensee by any third person for this purpose.
   (4) Comply on his or her part with the terms and provisions of all
legal and valid agreements and contracts entered into between
licensee in his or her capacity as a farm labor contractor and third
persons.
   (5) Have available for inspection by his or her employees and by
the grower with whom he or she has contracted, a written statement in
English and Spanish showing the rate of compensation he or she
receives from the grower and the rate of compensation he or she is
paying to his or her employees for services rendered to, for, or
under the control of the grower.
   (6) Take out a policy of insurance with any insurance carrier
authorized to do business in the State of California in an amount
satisfactory to the commissioner, which insures the licensee against
liability for damage to persons or property arising out of the
licensee's operation of, or ownership of, any vehicle or vehicles for
the transportation of individuals in connection with his or her
business, activities, or operations as a farm labor contractor.
   (7) Have displayed prominently at the site where the work is to be
performed and on all vehicles used by the licensee for the
transportation of employees, the rate of compensation the licensee is
paying to his or her employees for their services, printed in both
English and Spanish and in lettering of a size to be prescribed by
the Department of Industrial Relations.
   (8) Register annually with the agricultural commissioner of the
county or counties in which the labor contractor has contracted with
a grower.
   (9) Provide information and training on applicable laws and
regulations governing worker safety, including the requirements of
Article 10.5 (commencing with Section 12980) of Chapter 2 of Division
7 of the Food and Agriculture Code, or regulating the terms and
conditions of agricultural employment, to each crew leader, foreman,
or other employee whose duties include the supervision, direction, or
control of any agricultural worker on behalf of a licensee, or
pursuant to, a contract or agreement for agricultural services
entered into with a licensee.
   (b) The board of supervisors of a county may establish fees to be
charged each licensee for the recovery of the actual costs incurred
by commissioners in the administration of registrations and change of
address and the issuance of proofs of registration.
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).
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 wages and hours worked 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 the duration of the contract.
1695.6.  No person shall knowingly enter into an agreement for the
services of a farm labor contractor who is not licensed under this
chapter.
1695.7.  (a) (1) Prior to entering into any contract or agreement to
supply agricultural labor or services to a grower, a farm labor
contractor shall first provide to the grower a copy of his or her
current valid state license.  A failure to do so is a violation of
this chapter.  The grower shall keep a copy of the license for a
period of three years following the termination of the contract or
agreement.
   (2) In the event that the licensee or prospective licensee has
fulfilled all the requirements for a license, but the Labor
Commissioner has not been able to timely issue or renew a license,
the Labor Commissioner shall issue to the person applying for a
license, or renewal of a license, a letter of authorization
permitting that person to operate or continue to operate as a farm
labor contractor.  For purposes of this section, a "valid state
license" shall include a letter of authorization issued pursuant to
this paragraph.
   (3) (A) No grower shall enter into a contract or agreement with a
person acting in the capacity of a farm labor contractor who fails to
provide a copy of his or her license.  A grower has an affirmative
obligation to inspect the license of any person contracted as a farm
labor contractor, a copy of whose license is provided to the grower
pursuant to paragraph (1), and to verify that the license is valid.
The grower shall request verification from the license verification
unit by the close of the third business day following the day on
which the farm labor contractor is engaged.  The grower may be
supplied services by the farm labor contractor and shall not be
liable under this section for an invalid license while awaiting
verification from the verification unit.  The verification received
from the license verification unit shall serve as conclusive evidence
of the grower's compliance with this subparagraph.  The verification
shall be valid until the farm labor contractor's license expires.
Failure to comply with this subparagraph is a violation of this
chapter.
   (B) A farm labor contractor has an affirmative obligation to
inspect the license of any person contracted by the farm labor
contractor who is acting in the capacity of a farm labor contractor a
copy of whose license is provided to the farm labor contractor
pursuant to Section 1695.9, and to verify that the license is valid.
The farm labor contractor shall request verification from the
license verification unit by the close of the third business day
following the day on which the individual who is acting as the farm
labor contractor is engaged.  The farm labor contractor may be
supplied services by the acting farm labor contractor and shall not
be liable under this section for an invalid license while awaiting
verification from the verification unit.  The verification received
from the license verification unit shall serve as conclusive evidence
of the farm labor contractor's compliance with this subparagraph.
The verification shall be valid until the individual's license
expires. Failure to comply with this subparagraph is a violation of
this chapter.
   (C) If a determination is made by the Labor Commissioner that the
verification system is inoperable, no grower or farm labor contractor
shall be liable under this section until seven business days after
the Labor Commissioner determines the system is operable and has made
public notice to affected parties.
   (4) (A) If a contract or agreement entered into with a farm labor
contractor extends beyond the expiration date of his or her license,
or extends beyond the date contained in the letter of authorization
to operate, the farm labor contractor shall provide to the grower,
upon renewal of the license or issuance of the letter of
authorization a copy of his or her current valid renewed license or a
copy of a letter of authorization issued by the Labor Commissioner.
In the event the farm labor contractor's license is not renewed, the
farm labor contractor shall notify the grower within three days.
   (B) If a contract or agreement entered into by a farm labor
contractor with another farm labor contractor extends beyond the
expiration date of his or her license, or extends beyond the date
contained in the letter of authorization to operate, the other farm
labor contractor shall provide to the farm labor contractor, upon
renewal of the license or issuance of the letter of authorization a
copy of his or her current valid renewed license or a copy of a
letter of authorization issued by the Labor Commissioner.  In the
event the license of a person contracted by a farm labor contractor
who is acting as farm labor contractor is not renewed, the person
shall notify the farm labor contractor within three days.
   (b) A failure by a farm labor contractor to provide a copy of his
or her license to the grower shall not constitute a defense against
liability under this section for a grower who subsequently fails to
comply with the requirements of subparagraph (A) of paragraph (3) of
subdivision (a).  A failure by a person acting as a farm labor
contractor who is contracted by a farm labor contractor to provide a
copy of his or her license to the farm labor contractor shall not
constitute a defense against liability under this section for a farm
labor contractor who subsequently fails to comply with the
requirements of subparagraph (B) of paragraph (3) of subdivision (a).
   (c) (1) Any person who acts in the capacity of a farm labor
contractor without first securing a license or while his or her
license has been suspended or revoked is guilty of a misdemeanor
punishable by a fine of not less than one thousand dollars ($1,000)
nor more than five thousand dollars ($5,000), or imprisonment in the
county jail for not more than six months, or both, and is subject to
other sanctions under this chapter, including subdivisions (b) and
(c) of Section 1697.
   (2) Any grower or farm labor contractor who enters into a contract
or agreement in violation of this section shall be subject to a
civil action by an aggrieved worker for any claims arising from the
contract or agreement that are a direct result of any violation of
any state law regulating wages, housing, pesticides, or
transportation committed by the unlicensed farm labor contractor.
The court shall grant a prevailing plaintiff reasonable attorney's
fees and costs.
   (3) On or after January 1, 2003, any grower, farm labor
contractor, or other person acting either individually or as an
officer, agent, or employee of any grower or farm labor contractor
who knowingly and willfully fails to pay, or causes the failure to
pay, wages as set forth in subdivision (b) of Section 1199, or any
higher wages that have been agreed to, is guilty of a misdemeanor
punishable as set forth in subdivision (f).  However, if the
prosecutor elects to prosecute any grower, farm labor contractor, or
other person pursuant to this paragraph and subdivision (f), multiple
failures to pay wages within a single payroll and in a single pay
period shall constitute one violation.
   (4) Any aggrieved worker who, claims a violation of this section,
may bring a civil action for injunctive relief and lost wages as
provided in Section 218, and, upon prevailing, shall recover
reasonable attorney's fees and costs.
   (d) As used in this section:
   (1) "Business day" means any day on which the offices of the
license verification unit are open to the public for the conducting
of business.
   (2) "Grower" means any person who owns or leases land used for the
planting, cultivation, production, harvesting, or packing of any
farm products, if he or she hires or uses persons acting as farm
labor contractors, and includes a packing shed or a person or entity
who farms the land on behalf of the land owner, whether or not he or
she owns or leases the land.
   (3) "Inspect," with regard to inspecting a license, means to
examine the license to determine whether it reasonably appears on its
face to be genuine.
   (4) "License verification unit" means the Farm Labor Contractor
License Verification Unit established pursuant to subdivision (e).
   (5) "Verify," with respect to verifying a license, means to
contact by telephone, facsimile, website, electronic mail, or other
means as determined by the Labor Commissioner, the license
verification unit to confirm the validity of a license and to record
in the requester's files the unique verification number provided by
the license verification unit to document that the requester
confirmed the validity of the license of the farm labor contractor
with whom he or she has entered into a contract or agreement to
supply services.
   (e) The Labor Commissioner shall establish and maintain a Farm
Labor Contractor License Verification Unit commencing no later than
July 1, 2002.  The license verification unit shall, upon the request
of a grower or farm labor contractor, certify the status of a state
license issued to a farm labor contractor.  The license verification
unit shall assign a unique verification number to the request and the
unit shall within 24 hours send by mail, or, if available, by
facsimile or electronic mail, confirmation that will serve as
conclusive evidence of compliance with the verification requirements
of this section.  The obligation under this section to verify
licenses shall not become operative and the penalties for failure to
verify a license shall not be applicable until three months after the
license verification unit becomes operational, as certified by the
State Auditor.
   (f) (1) On or after January 1, 2003, a violation of paragraph (3)
of subdivision (c) is a misdemeanor and is punishable as provided in
subdivision (a) of Section 1697, except that the fine portion of the
penalty shall be as follows:
   (A) Upon conviction for a first violation, by a fine of not less
than one thousand dollars ($1,000) nor more than five thousand
dollars ($5,000), and is subject to other sanctions under this
chapter, including subdivisions (b) and (c) of Section 1697.  Upon
conviction, the Labor Commissioner shall revoke the defendant's
license and the defendant shall be ineligible for a license for a
period of one year from the date of revocation.
   (B) Upon a conviction for a violation committed within three years
after a conviction for a prior violation, by a fine of not less than
ten thousand dollars ($10,000) and is subject to other sanctions
under this chapter, including subdivisions (b) and (c) of Section
1697.  Upon a second conviction, the Labor Commissioner shall revoke
the defendant's license and the defendant shall be ineligible for a
license for a period of two years from the date of revocation.
   (C) Upon a conviction for a violation committed within five years
after a second conviction pursuant to subparagraph (B), by a fine of
not less than twenty-five thousand dollars ($25,000), and is subject
to other sanctions under this chapter, including subdivisions (b) and
(c) of Section 1697.  Upon a third conviction, the Labor
Commissioner shall revoke the defendant's license and the defendant
shall not thereafter be eligible to obtain a license.
   (2) If a person is prosecuted under this subdivision, that person
may not be prosecuted under any other law if the prosecution would be
based upon the same set of facts as the prosecution under this
subdivision.
   (g) A farm labor contractor, a person contracted by a farm labor
contractor who is acting in the capacity of a farm labor contractor,
or an employer of a farm labor contractor is subject to Section 98.6
and 1102.5.
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.
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.
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.
1696.2.  All vehicles used by a licensee for the transportation of
individuals in his operations as a farm labor contractor shall have
displayed prominently at the entrance of such vehicle the name of the
farm labor contractor and the number of his license as issued by the
Labor Commissioner pursuant to this chapter.
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.
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).
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
either as a detachable part of the check, draft, or voucher paying
the employee's wages, or separately, an itemized statement in writing
showing in detail each and every deduction made from such wages.
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.
1696.8.  (a) The director shall establish a Farm Labor Contractor
Enforcement Unit.  The unit shall develop a program to provide
technical assistance to a district attorney's office that establishes
a local farm labor contractor enforcement unit.  A local farm labor
contractor enforcement unit established pursuant to this section
shall, whenever possible, coordinate its enforcement efforts with the
Rural Crime Prevention Program in its jurisdiction, if any,
established pursuant to Section 14171 of the Penal Code.  Any funds
appropriated to the department for purposes of this section shall be
administered and allocated by the director.
   (b) A local farm labor contractor enforcement unit that receives
technical assistance pursuant to this section shall concentrate
enhanced prosecution efforts and resources on the prosecution of farm
labor contractors who violate a state law regulating wages.  For
purposes of this subdivision, "enhanced prosecution efforts and
resources" include, but are not limited to, all of the following:
   (1) "Vertical" prosecutorial representation, whereby the
prosecutor who makes the initial filing or appearance performs all
subsequent court appearances on a particular case through its
conclusion, including the sentencing phase.
   (2) Assignment of highly qualified investigators and prosecutors
to farm labor enforcement cases.
   (3) Significant reduction of caseloads for investigators and
prosecutors assigned to farm labor enforcement cases.
1697.  (a) Any person who violates this chapter, or who causes or
induces another to violate this chapter, is guilty of a misdemeanor
punishable by a fine of not more than one thousand dollars ($1,000),
or imprisonment in the county jail for not more than six months, or
both.
   (b) Any employee aggrieved by any violation of this chapter, other
than acts and conduct also proscribed by Sections 1153, 1154, and
1155, may do all of the following:
   (1) Bring a civil action for injunctive relief or damages, or
both, against a farm labor contractor or unlicensed farm labor
contractor who violates this chapter  and, upon prevailing, shall
recover reasonable attorney's fees.
   (2) Enforce the liability on the farm labor contractor's bond.
   (c) Any farm labor contractor who engages in farm labor
contracting activities after his or her license has been suspended or
revoked is guilty of an offense punishable by a fine of not less
than one thousand dollars ($1,000) and not more than five thousand
dollars ($5,000), or by imprisonment for not less than six months and
not more than one year, or both.
1697.1.  (a) No person shall make, or cause to be made, false,
fraudulent, or misleading representations that employment in the
growing or producing of farm products, or an employee benefit related
to that employment, will be jeopardized unless an individual or his
or her family members pay a fee or other thing of value for
transportation by that person to or from the business or worksite of
an employer.
   (b) Any person who violates this section, or who causes or induces
another to violate this section, is guilty of a misdemeanor
punishable by a fine of not more than five thousand dollars ($5,000)
and not less than five hundred dollars ($500), or imprisonment in the
county jail for not more than 30 days, or both.
   (c) Any individual claiming to be aggrieved by a violation of this
section may bring a civil action for injunctive relief, damages, or
both.  If the court finds that the defendant has violated this
section, it shall award actual damages, plus an amount equal to
treble the amount of actual damages, or five hundred dollars ($500)
per violation, whichever is greater.  The court shall also grant a
prevailing plaintiff reasonable attorneys' fees and costs.
   (d) Any other party who, upon information and belief, claims a
violation of this section has been committed may bring a civil action
for injunctive relief on behalf of the general public and, upon
prevailing, shall recover reasonable attorneys' fees and costs.
1697.2.  Actions brought under this chapter shall be set for trial
at the earliest possible date, and shall take precedence over all
other cases, except older matters of the same character and matters
to which special precedence may be given by law.
1697.3.  Upon the final determination of the Labor Commissioner that
a grower, a farm labor contractor, or person acting in the capacity
of a farm labor contractor has failed to pay wages to its employees,
the grower, farm labor contractor, or person acting in the capacity
of a farm labor contractor shall immediately pay those wages.  If
payment is not made within 30 days of the final determination, the
Labor Commissioner shall forward the matter for consideration of
prosecution to the local district attorney's office.
1698.  All fines collected for violations of this chapter shall be
paid into the Farmworker Remedial Account and shall be available,
upon appropriation, for purposes of this chapter.  Of the moneys
collected for licenses issued pursuant to this chapter, fifty dollars
($50) of each annual license fee shall be deposited in the
Farmworker Remedial Account pursuant to paragraph (4) of subdivision
(a) of Section 1684, three hundred fifty dollars ($350) of each
annual license fee shall be expended by the Labor Commissioner to
fund the Farm Labor Contractor Enforcement Unit and the Farm Labor
Contractor License Verification Unit, both within the department, and
the remaining money shall be paid into the State Treasury and
credited to the General Fund.
1698.1.  No licensee shall sell, transfer or give away any interest
in or the right to participate in the profits of said licensee's
business without the written consent of the Labor Commissioner.  A
violation of this section shall constitute a misdemeanor, and shall
be punishable by a fine of not less than two hundred dollars ($200)
nor more than two thousand dollars ($2,000), or imprisonment for not
more than 60 days, or both.
1698.2.  No licensee shall knowingly issue a contract for employment
containing any term or condition which, if complied with, would be
in violation of law, or attempt to fill an order for help to be
employed in violation of law.
1698.3.  No licensee shall accept a fee from any applicant for
employment, or send any applicant for employment without having
obtained orally or in writing, a bona fide order therefor, and in no
case shall such licensee accept, directly or indirectly, a
registration fee of any kind.
1698.4.  No licensee shall send or cause to be sent, any woman or
minor under the age of 18 years, as an employee to any house of ill
fame, to any house or place of amusement for immoral purpose, to
places resorted to for the purposes of prostitution, or to gambling
houses, the character of which places the licensee could have
ascertained upon reasonable inquiry.
1698.5.  No licensee shall send any minor to any saloon or place
where intoxicating liquors are sold to be consumed on the premises.
1698.6.  No licensee shall knowingly permit any persons of bad
character, prostitutes, gamblers, intoxicated persons, or procurers
to frequent his premises.
1698.7.  No licensee shall accept any application for employment
made by or on behalf of any child, or shall place or assist in
placing any such child in any employment whatever in violation of
Part 4 (commencing with Section 1171) of this division.
1698.8.  No licensee shall divide fees with an employer, an agent or
other employee of an employer or person to whom help is furnished.
1699.  The Labor Commissioner may, in accordance with the provisions
of Chapter 4.5 (commencing with Section 11371), Part 1, Division 3,
Title 2 of the Government Code, adopt, amend, and repeal such rules
and regulations as are reasonably necessary for the purpose of
enforcing and administering this chapter and as are not inconsistent
with this chapter.