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Workers' Compensation

* Employer must have a workers' compensation insurance policy or be permissibly self-insured

* Workers' compensation notice must be posted and given to employees

 

Unemployment Insurance

* Employment Development Department registration number

 

Federal Taxes

* Internal Revenue Service employer identification number

 

Employment Eligibility Verification

* Must verify on INS Form I-9 the eligibility of every newly-hired employee to work in the United States

 

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Child Labor

* Minors below age 12 may neither work in agriculture nor be near moving equipment or unprotected chemicals or water hazards (grower's children excepted)

* Permits to Work and Permits to Employ must be on file for at least 3 years for older minors (grower's children and high school graduates excepted)

* Limits on hours of work must be observed (grower's children excepted, but must attend school when in session)

* Minors below age 18 may not mix or load certain pesticides

* Minors below age 16 may not work in hazardous agricultural occupations (example: near moving machinery) (grower's children excepted)

* Minor children notice must be posted

* Property owner who benefits from a minor's employment and who knowingly allows child labor violations to occur is liable for them, even if not the minor's employer

 

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Farm Labor Contractors (FLCs)

* Verify that FLC is federally registered and state licensed (best way: get and keep a photocopy of each document)

* Keep for at least 3 years a copy of FLC's payroll records for FLC crews supplied to grower

* Grower who is a joint employer of FLC's employees or who uses an unlicensed FLC is liable for FLC's violations

* Recommended: Have FLC direct his workers' compensation carrier to send you a certificate of insurance

 

Other Posters and Notices

* Other IWC orders as applicable

    - 4 (e.g., clericals of an employer whose only other employees are covered by Order 14

    - 8 (post-harvest handling of commodities not produced by the employer, usually including its clericals)

    - 13 (post-harvest handling of commodities produced only by the employer, usually including its clericals)

* Migrant and Seasonal Agricultural Worker Protection Act poster

* Employee Polygraph Protection Act poster

* California nondiscrimination poster (5 or more employees)

* Federal nondiscrimination poster (15 or more employees)

* Federal Minimum Wage poster

* Cal/OSHA: Safety and Health Protection on the Job; Form No.  200; others as applicable, based on activities

* Industrial Welfare Commission (IWC) Order 14 (ag occupations)

 

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Minimum Wage

* In general, all nonexempt employees must be paid at least $7.25/hr no matter whether wages are earned on an hourly, piece-rate, commission or salary basis

* Piece-rate earnings are averaged over a workweek to determine whether minimum wage is achieved

 

Housing and Meals Credited Against Minimum Wage

* Employee must authorize in writing

* IWC orders limit credit amounts

 

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Overtime Premium Pay

* Almost all nonexempt employees--even those paid a salary or by piece rate--must receive overtime premium pay

* IWC Order 14

    - Hours over 10 in a workday and first 8 hours on 7th day of work in a workweek: 1  1/2 times regular pay rate (RPR)

    - Hours over 8 on 7th day of work in a workweek: 2 times RPR

* IWC Orders 4, 8 and 13 (and most others)

    - 9th-12th hours in a workday, hours over 40 in a workweek, and first 8 hours on 7th day of work in a workweek: 1 1/2 times RPR

    - Hours over 12 in a workday and over 8 on 7th day of work in a workweek: 2 times RPR

* Exceptions

    - Irrigators (over 1/2 of time worked in a workweek)

    - Drivers of certain large trucks (generally, weighing at least 6,000 lbs. with 3 or more axles)

    - Certain part-time agricultural employees (up to 6 hours in a workday and 30 hours in a workweek)

* Caution: An employee who during a workweek processes, packs or otherwise handles after harvest any amount of any commodity not produced by his employer must be paid 1 1/2 times RPR for all hours worked over 40 in that workweek, even if most of the employee's work is agricultural

 

Deductions not mandated by law require employee's written authorization

 

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Payment of Wages

* At least semimonthly (exception: at least weekly for FLC employees)

* Immediately upon discharge or layoff

* Within 72 hours after voluntary quit

Itemized Statement given to employee with wage payment

* Employee name and social security number

* Basis on which wages are paid (for example, "$5.75/hr." or "$.20/vine pruned")

* Total hours worked

* Number of piece work units produced (if applicable)

* Total pay period earnings

* Purpose and amount of any sum withheld

* Net pay

* Employer's name, address and IRS employer ID number

* Inclusive dates of pay period

 

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Employer Records

* Employer's name and address

* Employee's name, record identifier (if any), permanent address, sex, occupation, social security number and, if under age 18, birthdate and designation as minor

* Day and time when workweek starts

* Starting and ending times of each work period (meal periods in which operations stop and mandatory rest periods excluded)

* Number of piece work units produced, if applicable

* Total hours worked each workday, workweek and payroll period

* Date, purpose and amount of any sum withheld from or added to wages

* Net pay

* Total pay period earnings, including value of board, lodging or other compensation

* Basis on which wages are paid (for example, "$5.75/hr." or "$.20/vine pruned")

* Pay date and period payment covers

* Keep records for at least 3 years; but it's prudent to keep them for 4 years to defend claims under state's unfair competition laws (Business & Professions Code sections 17200-17209)

 

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Reporting Time Pay

* Half of usual day's pay (at least 2 but not more than 4 hours) for employee who reports for work but is given less than 1/2 of usual day's work; most typical exception is for an Act of God or other cause beyond employer's control

 

Tools and Equipment

* Employer must provide and maintain required or necessary tools and equipment for employees earning less than twice the minimum wage

* Funds securing return of equipment deposited in a joint bank savings account

* Deduction from employee's final pay for lost equipment allowed only upon employee's prior written authorization and only where loss is due to employee's dishonest, willful or grossly-negligent act

 

Meal Periods

* Allow a 30-minute unpaid meal period in a 5-hour work period; employer and employee may waive it if a work period of 6 or fewer hours will complete day's work; employer and employee may agree to on-duty paid meal period if task requires it

 

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Rest Periods

* Allow a 10-minute paid rest period per 4 hours of work or major fraction thereof, based on total workday hours; none required if employee works under 3 1/2 hours in a workday

 

Transportation of Workers

* Licensing of drivers

* Vehicle safety standards and inspection stickers

 

Housing

* Inspections and permits under state Employee Housing Act if 5 or more employees are housed

* Compliance with federal housing standards for migrant agricultural workers

* Federal migrant agricultural worker housing poster

 

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Field Sanitation in hand-labor operations

* Toilet Facilities

    - Crew with 1-4 employees: one toilet, even if a mixed-sex crew

    - Crew with 5 or more employees: one toilet per 20 employees of each sex, or fraction thereof

    - Toilet paper in suitable holder

    - Screened

    - Chemical toilet waste water tank must be able to hold at least 40 gallons and must contain effective   odor-control and solid-liquefying chemicals

    - Keep service & maintenance records for at least 2 years

* Handwashing Facilities

    - One per 20 employees or fraction thereof

    - Water tank must be able to hold at least 15 gallons and be refilled with potable water as necessary

    - Soap and single-use towels provided

    - Sign posted stating: This water is for handwashing only

* Toilet and Handwashing Facilities

    - Located near each other

    - Within a 1/4-mile or 5-minute walk of employees, whichever is shorter; where terrain prevents this, then at the point closest to vehicular access

    - Ventilated and rigidly-constructed, with self-closing doors, lockable from inside

    - Inside surfaces must be nonabsorbent, smooth, readily-cleanable, and light-colored

    - Clean and sanitary

    - Alternative compliance: May provide transportation to facilities if: (1) employees are performing fieldwork for under 2 hours (including transportation time) or (2) 4 or fewer employees are engaged in hand-labor operations on a given day

* Drinking Water

    - Pure, cool water must always be readily available

    - Dispensed by fountain or single-use cups

- Container must be covered, protected and kept clean

* Good hygiene practices notice

 

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Other Safety and Health Requirements

 
* Written Injury and Illness Prevention Program

* Written Hazard Communication Program

* First-aid kit and person trained in its use

 

Migrant and Seasonal Ag Worker Protection Act Disclosure

* Disclose this information in writing to a recruited migrant or seasonal day-haul agricultural worker when the worker is recruited and to a seasonal agricultural worker upon the worker's request when the worker is offered employment:

    - Place of employment, including employer's name and address

    - Wage rates (including piece rates) to be paid

    - Crops and activities the worker may be employed in

    - Period of employment

    - Any transportation, housing and other benefit to be provided, and any cost to be charged for them

    - Workers' compensation and unemployment insurance

    - Existence of any strike or other concerted work stoppage

    - Existence of any arrangement under which the grower or FLC receives a commission or other benefit from sales to workers

    - Workers' compensation carrier and policyholder information

 

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