Juan Alanis

Existing law makes a farm labor contractor successor to any predecessor farm labor contractor that owed wages or penalties to a former employee of the predecessor, whether or not the predecessor was licensed by the Labor Commissioner to carry on the business, activities, or operations of a farm labor contractor, liable for those wages and penalties, if the successor farm labor contractor meets one or more specified criteria including using substantially the same facilities or workforce to offer substantially the same services as the predecessor. Existing law provides an exception and an affirmative defense to the liability for wages and penalties owed to a former employee of the predecessor farm labor contractor if the farm labor contractor has operated for at least the preceding 3 years, and certain conditions apply. Existing law makes a person who violates farm labor contractor requirements guilty of a misdemeanor punishable by specified fines, or imprisonment in the county jail for not more than 6 months, or both.

This bill would decrease the amount of time that a farm labor contractor would be required to have operated with a valid license in order to have an affirmative defense to liability for wages and penalties owed to a former employee of the predecessor farm labor contractor to a least the preceding year and would make other related changes.

Existing law also makes a farm labor contractor successor liable for wages and penalties owed to a former employee, as described above, if the successor farm labor contractor is an immediate family member, as defined, of any owner, partner, officer, licensee, or director of the predecessor farm labor contractor or of any person who had a financial interest in the predecessor farm labor contractor.

This bill would expand the definition of "immediate family member" for purposes of the provision described above that makes a farm labor contractor successor liable for wages and penalties owed to a former employee of the predecessor farm labor contractor to include a step-parent, adoptive parent, foster parent, half-sibling, and step-grandparent. By expanding the requirements placed upon farm labor contractor successors, the violation of which would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.