Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any person,
nonprofit organization, or educational institution may submit to the Labor
Commissioner at the San Francisco Office of the Division of Labor Standards
Enforcement's Licensing and Registration Unit a request for evaluation and
approval of a proposed educational program in farm labor contracting. The
requestor for educational program approval shall submit the written request at
least sixty (60) calendar days before the initial start date of the proposed
educational program. The written request shall be accompanied by:
(1) a written outline;
(2) a description of the educational
program;
(3) a copy of all
instructional materials;
(4) a
schedule of the proposed date(s), time(s), and location(s) for the proposed
educational program;
(5) a copy of
the brochure or flyer that will be distributed to proposed
participants;
(6) the number of
education hours proposed to be offered, and;
(7) a resume for each of the proposed
instructor(s). The program provider shall attest to the instructor's competency
with an accompanying statement that the proposed instructor satisfies at least
one of the following qualifications:
(A)
possession of a bachelor's degree in the subject in which he or she is to teach
from an institution listed as an institution of higher learning by the U.S.
Department of Education or its successor agency, or the equivalent of a
bachelor's degree;
(B) five years
of experience in the technical occupation which involves the subject in which
he or she is to teach; or
(C)
possession of a license to teach issued by an appropriate state licensing or
certification agency, or federal agency for the subject in which he or she is
to teach.
(b)
If the Labor Commissioner determines that insufficient information has been
provided to meet the criteria specified in subdivision (c) of this section, the
Labor Commissioner may investigate any facts regarding the program and request
additional information before approving a program.
(c) The Labor Commissioner may approve an
educational program submitted which satisfies the following approved core and
alternative topics and hours requirements which applicants and licensees shall
take and complete for each license period.
(1)
For new contractors (applicants), current contractors with less than five (5)
years in the business, and contractors with two (2) or more violations within
the last two (2) years of any provision of the Labor Code or Title 8 of the
California Code of Regulations:
(A) Farm Labor
Contractor Requirements (3 hours) which shall include (i) wage and hour
(minimum wage, overtime, piece rate, meal/rest breaks), (ii) worker's
compensation requirement, (iii) labor costing under Labor Code section
2810, (iv)
proper information to employees (Labor Code sections 226 and
2810), (v) transportation and
housing, (vi) child labor; and (vii) other requirements as directed by recent
legislation.
(B) Health &
Safety (2 hours) which shall include (i) injury and illness prevention program,
(ii) heat illness (including first aid), (iii) pesticides, (iv) field
sanitation, (v) electrical hazards, (vi) agriculture equipment and operation,
and (vii) other requirements as directed by legislative action.
(C) Management and Supervision Education for
FLCs and supervisors (1 hour) which shall include (i) how to be a good manager,
create a positive work environment, and proper role of supervisor; (ii)
communication skills; (iii) how to do an adequate investigation into labor law
violations reported to you at your workplace; (iv) sexual harassment
prevention; and (v) hiring, discipline, and termination issues.
(D) Retaliation Laws and Prohibitions on
Retaliation (1 hour) which shall include (i) Labor Code section
98.6 and
discrimination in the workplace in general; and (ii) stability in labor
relations, collective bargaining, and concerted activity.
(E) Good Grower Relations for a Successful
Business (1 hour).
(2)
For contractors with at least five (5) years or more in the business without
any violation of any provision of the Labor Code or Title 8 of the California
Code of Regulations:
(A) Overview of Changes
in Farm Labor Contractor Requirements (1.5 hours).
(B) Overview of Changes in Health and Safety
(1.5 hours).
(C) Advanced Effective
Management and Supervision (1.5 hours).
(D) Best Practices for Good Grower Relations
(1.5 hours).
(E) Alternate topics
(must have two hours) which may include any of the following:
(i) immigration issues in the agriculture
industry (including H-2A visa responsibilities);
(ii) criminal provisions of the Labor
Code;
(iii) healthcare reform: what
does it mean for you?
(iv) landlord
and tenant rights,
(v) Americans
with Disabilities Act,
(vi)
discrimination in the workplace and hostile work environment,
(vii) overview of changes in retaliation laws
and prohibitions on retaliation.
(d) Within thirty (30) calendar days of
receiving a written request for evaluation and approval of an education program
in farm labor contracting, the Labor Commissioner shall inform the requestor in
writing:
(1) the request for evaluation and
approval is complete and accepted for filing;
(2) the request for evaluation and approval
is denied, or;
(3) the request for
evaluation is incomplete, specifying the information required to correct the
deficiency.
(e) The
approval of an educational program pursuant to this section shall be valid for
two years from the date of the Labor Commissioner's written notification that
the educational program has been approved so long as there is no material
change in the program. Persons, nonprofit organizations, or educational
institutions must reapply to the Labor Commissioner for approval to offer a
program once the period of approval has expired by resubmitting updated
documentation items as specified in subdivision (a) of this section.
(f) The Labor Commissioner and the entity
providing the education program shall make a list of approved programs
available to any member of the public upon request.
(g) Any person, nonprofit organization, or
educational institution offering an approved program shall report to the Labor
Commissioner in advance of any of the following changes to a program
presentation:
(1) a change in the approved
program, outline, or program materials;
(2) any substitution of instructional staff
which has not been previously approved.
(h) The Labor Commissioner, or his or her
authorized representative, shall be entitled to attend any approved program to
monitor class presentations at no charge.
(i) The Labor Commissioner may, at his or her
discretion, disapprove any educational program for purposes of crediting a
class(es) for an applicant seeking a license.
1. New
article 2 (sections 13665-13665.5) and section filed 5-30-2014; operative
7-1-2014 (Register 2014, No. 22).
Note: Authority cited: Section
1699, Labor
Code. Reference: Section
1684, Labor
Code.
