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Pending California Legislation (Part 2 of 2)NEWS!

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Please note that the status of the bills may change daily. Governor Brown has until September 30, 2014 to sign or veto legislation in his possession or the legislation becomes law without signature.

 

SB 25 Agricultural Labor Relations: Dispute Resolution

Steinberg (D-Sacramento)

SUMMARY: Existing law provides that within 60 days of a decision by the Agricultural Labor Relations Board taking effect, a party may file an action to enforce the order, using specified procedures. Existing law provides that during the pendency of any appeal of the board's order, the order may not be stayed unless the appellant demonstrates that he or she is likely to prevail on the merits and that he or she will be irreparably harmed by implementation of the board's order.

This bill would provide that an action to enforce the order of the board may be filed within 60 days whether or not the other party is seeking judicial review of the order. The bill would also increase the evidentiary threshold for the court to grant a stay of the board's order and require the court to make written findings supporting any order granting a stay of the order during the pendency of the appeal.

PASSED Senate 05/06/14

PASSED Assembly 08/19/14

Not signed into law yet.

SB 477 Foreign Labor Contractors: Registration

Steinberg (D-Sacramento)

SUMMARY: This bill would change the definition of a foreign labor contractor to mean a person who performs foreign labor contracting activity, as defined. The bill, on and after July 1, 2016, would require a foreign labor contractor to register with the Labor Commissioner and would impose certain conditions for registration, including payment of specified fees. The bill would further require persons knowingly using the services of foreign labor contractors to obtain foreign workers to disclose specified information to the commissioner.

PASSED Senate  6/30/14

PASSED Assembly 08/25/14

Not signed into law yet.

SB 1087 Farm Labor Contractors: Sexual Harassment

Monning (D-Monterey)

SUMMARY: This bill would prohibit a license to operate as a farm labor contractor from being granted to a person who, within the preceding 3 years, has been found by a court or an administrative agency to have committed sexual harassment of an employee, or who, within the preceding 3 years, employed any supervisory employee whom he or she knew or should have known has been found by a court or an administrative agency, within the preceding 3 years of his or her employment with the applicant, to have committed sexual harassment of an employee.

This bill would additionally authorize the Labor Commissioner to revoke, suspend, or refuse to renew a farm labor contractor's license if the licensee has been found by a court or an administrative agency to have committed sexual harassment of an employee, or has employed a supervisory employee whom he or she knew or should have known has been found by a court or an administrative agency, within the preceding 3 years, to have committed sexual harassment of an employee.

This bill would increase the license fee paid by an applicant from $500 to $600, thereby making an appropriation. The bill would require the amount attributable to the fee increase to be expended by the Labor Commissioner to fund the Farm Labor Contractor Enforcement Unit and the Farm Labor Contractor License Verification Unit.

PASSED Senate 05/29/14

PASSED Assembly 08/14/14

Not signed into law yet.

Counsel to Management: For questions regarding the pending California legislation, please contact The Saqui Law Group.

 

 

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