Enrolled September 01, 2022 Passed IN Senate August 29, 2022 Passed IN Assembly August 30, 2022 Amended IN Senate August 24, 2022 Amended IN Senate August 25, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 857Introduced by Assembly Member Kalra(Principal coauthor: Senator Durazo)February 17, 2021An act to amend Section 2810.5 of, and to add Section 2810.6 to, the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 857, Kalra. Employers: Labor Commissioner: required disclosures. Existing law requires an employer to provide an employee, at the time of hiring, a written notice including specified information in the language the employer normally uses to communicate employment-related information to the employee. Existing law requires the Labor Commissioner to prepare a template that includes the specified information mentioned above and to make the template available to employers in the manner as determined by the commissioner.This bill would require an employer to include in their written notice to all employees, specified information required in the event of a federal or state declared disaster or applicable to the county or counties in which the employee will be employed. The bill would prohibit an employer from retaliating against an H-2A employee for raising questions about the declarations requirements or recommendations that relate to employment, housing, or working conditions. This bill would additionally require an employer, beginning on March 15, 2023, to provide an H-2A employee, as described, on the day the employee begins work in the state, or begins work for a new employer after being transferred, a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, in English, containing information deemed material and necessary by the Labor Commissioner, respecting specified topics relative to an H-2A employees rights pursuant to federal and state law. The bill would also require the commissioner to create a template, as specified, and would require the commissioner to combine these requirements with an existing notification template for purposes of carrying out this requirement, including a separate section of the template listing key legal rights of H-2A workers under California Law, and to make the template available to employers in the manner as determined by the commissioner by March 1, 2023. The bill would also make conforming changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Over 30,000 foreign agricultural temporary workers were admitted to California in the 202021 federal fiscal year under the federal H-2A farm labor visa program. Many of these farmworkers have never worked in California, and are believed to speak and read little or no English. Fewer still are believed to be familiar with their basic legal rights and remedies under California law.(b) Although all employers of H-2A farmworkers are required to comply with state and federal law, neither the United States Department of Labor nor the Employment Development Department, who both administer this program, require H-2A employers to disclose in writing to H-2A farmworkers meaningful information about fundamental California labor, housing, health and safety, and other laws that provide for their protection while employed here. Neither the United States Department of Labor nor the Employment Development Department require H-2A employers to inform H-2A farm workers of the existence of either federal or state emergency or disaster declarations that may affect their health and safety during their employment in California. During the 2020 COVID-19 virus pandemic in California, many H-2A farmworker housing sites were heavily impacted by the virus, presumably because the farmworkers were not always appropriately notified about the need to observe guidelines about social distancing and personal protection equipment.(c) This act is patterned after existing California law that requires employers to provide basic wage and hour information to all employees at the time of hire, and adds new disclosure requirements with respect to H-2A farmworkers who are brought into California for work in agriculture on a temporary basis.(d) This act provides that H-2A employers shall comply with the new disclosure requirement, on March 15, 2023, and thereafter, by furnishing workers with a copy of a template, which is to be developed by the Labor Commissioner and posted on the commissioners internet website beginning March 1, 2023.SEC. 2. Section 2810.5 of the Labor Code is amended to read:2810.5. (a) (1) At the time of hiring, an employer shall provide to each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee, containing the following information:(A) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.(B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.(C) The regular payday designated by the employer in accordance with the requirements of this code.(D) The name of the employer, including any doing business as names used by the employer.(E) The physical address of the employers main office or principal place of business, and a mailing address, if different.(F) The telephone number of the employer.(G) The name, address, and telephone number of the employers workers compensation insurance carrier.(H) That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.(I) The existence of either a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed and that was issued within 30 days prior to the employees first day of employment, that may affect their health and safety during their employment. (J) Any other information the Labor Commissioner deems material and necessary.(2) The Labor Commissioner shall prepare a template that complies with the requirements of paragraph (1). The template shall be made available to employers in such manner as determined by the Labor Commissioner.(3) If the employer is a temporary services employer, as defined in Section 201.3, the notice described in paragraph (1) shall also include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. The requirements of this paragraph do not apply to a security services company that is licensed by the Department of Consumer Affairs and that solely provides security services.(4) If an employee is admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code, the notice described in paragraph (1) shall also include, in a separate and distinct section, the information set forth in subdivision (c) of Section 2810.6, and the employer, on March 15, 2023, and thereafter, shall provide the required combined notice in Spanish, prepared by the Labor Commissioner, to the H-2A employee on the day the H-2A employee begins work for the employer in the state or begins work for a new employer after being transferred by an H-2A or other employer. An H-2A employee may request that a notice in English also be provided. The Labor Commissioner shall eliminate any duplicative or redundant information when combining the two notices.(b) An employer shall notify their employees in writing of any changes to the information set forth in the notice within seven calendar days after the time of the changes, unless one of the following applies:(1) All changes are reflected on a timely wage statement furnished in accordance with Section 226.(2) Notice of all changes is provided in another writing required by law within seven days of the changes.(c) For purposes of this section and Section 2810.6, employee does not include any of the following:(1) An employee directly employed by the state or any political subdivision thereof, including any city, county, city and county, or special district.(2) An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission.(3) An employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employee, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.SEC. 3. Section 2810.6 is added to the Labor Code, to read:2810.6. (a) This section shall be known, and may be cited, as The California Legal Rights Disclosure Act for H-2A Farmworkers.(b) (1) On March 15, 2023, and thereafter, every employer of California employees admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code shall, on the first day the employee begins work in California, or begins work for a new employer after being transferred by an H-2A or other employer, provide each H-2A employee with a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, also in English, that includes the information set forth in subdivision (c).(2) Every employer shall notify every H-2A employee of any federal or state emergency or emergency disaster declaration applicable to the county or counties where the H-2A employee is to be employed and that was issued within 30 days prior to the H-2A employees first day of employment, or within seven days after any new declaration is issued applicable to those county or counties, that may affect the health and safety of an H-2A employee during the period of their employment, including, but not limited to, the declarations requirements or recommendations respecting housing, toilets, handwashing, water, working conditions, health insurance, sick leave, or workers compensation. An H-2A employer shall not retaliate against an H-2A employee for raising questions about the declarations requirements or recommendations that may relate to employment, housing, or working conditions.(3) The employer shall comply with this subdivision beginning March 15, 2023, and thereafter by providing the employee with a copy of the template prepared by the Labor Commissioner pursuant to subdivision (c), which shall be included in the notice required by Section 2810.5 for H-2A employers.(c) (1) The Labor Commissioner shall prepare a template, in Spanish and English, that complies with the information requirements of subdivision (d).(2) The template shall be made available to employers in the manner determined by the Labor Commissioner, but shall be posted on the commissioners internet website beginning March 1, 2023, and thereafter.(3) The Labor Commissioner shall combine this information, for H-2A employers, with the template currently required under Section 2810.5.(d) Except as provided in subdivision (e), the Labor Commissioner shall include in the template required by subdivision (c) information that the Labor Commissioner deems material and necessary respecting all of the topic headings set forth below in a separate and distinct section of the template titled: Summary of Key Legal Rights of H-2A Workers under California Laws, and the Labor Commissioner shall include other explanatory information relating to any or all of the topic headings below that are deemed material and necessary:EMPLOYERS MUST DISCLOSE TO H-2A WORKERS THE EXISTENCE OF ANY FEDERAL OR STATE EMERGENCY OR DISASTER DECLARATION THAT WAS ISSUED WITHIN 30 DAYS PRIOR TO THEIR ARRIVAL FOR WORK IN COUNTIES WHERE THEY WILL BE EMPLOYEDMANDATORY WAGE RATE(S) FOR THE ENTIRE CONTRACT PERIODOVERTIME WAGE RATES APPLY FOR ALL HOURS WORKED IN EXCESS OF APPLICABLE DAILY AND WEEKLY MAXIMUM HOURS, AND ON THE SEVENTH DAY OF WORK IN A WORKWEEK H-2A EMPLOYEES MUST BE PAID AT LEAST ONCE EACH WEEK IF EMPLOYED BY A FARM LABOR CONTRACTOR OR AT LEAST TWICE EACH MONTH IF THE EMPLOYER IS NOT A FARM LABOR CONTRACTORPIECE RATE EMPLOYEES MUST BE PAID FOR ALL HOURS WORKED, INCLUDING DURING REST PERIODS AND NONPRODUCTIVE TIMETEN-MINUTE REST PERIODS MUST BE PROVIDED FOR EACH FOUR HOURS WORKEDTHIRTY-MINUTE DUTY-FREE MEAL PERIODS MUST BE PROVIDED FOR EACH FIVE-HOUR PERIOD WORKEDDEDUCTIONS FROM WAGES FOR CHARGES FOR MEALS NOT TAKEN ARE PROHIBITEDAN EMPLOYEES TIME SPENT WHILE BEING TRANSPORTED BY AN H-2A EMPLOYER FROM THE EMPLOYEES HOUSING TO THE EMPLOYERS WORKSITE MUST BE COMPENSATED IF THE EMPLOYEE IS REQUIRED TO USE EMPLOYER-PROVIDED TRANSPORTATIONRIGHTS OF EMPLOYEES WHO LIVE IN EMPLOYER HOUSINGAN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR COMPLAINING ABOUT WORKING CONDITIONS OR FOR ORGANIZING COLLECTIVELYH-2A EMPLOYEES MUST BE PROVIDED WITH ITEMIZED WAGE STATEMENT INFORMATION, INCLUDING ADDITIONAL INFORMATION FOR H-2A EMPLOYEES PAID BY PIECE RATEH-2A EMPLOYEES MUST BE TRAINED TO IDENTIFY, PREVENT, AND REPORT SEXUAL HARASSMENT TO THEIR EMPLOYER AND TO STATE AND FEDERAL AGENCIESTOILETS AND HANDWASHING FACILITIES MUST BE ACCESSIBLE, AND DRINKING WATER MUST BE PROVIDED AT ALL WORKSITESTHE EMPLOYER MUST PROVIDE SHADE AND OTHER PROTECTIONS FROM HOT WORKING CONDITIONSTHE EMPLOYER MUST PROVIDE PESTICIDE EXPOSURE PROTECTIONSTHE EMPLOYER MUST PROVIDE WORKPLACE SAFETY TRAINING AND HAVE PROCEDURES FOR IDENTIFYING AND CORRECTING HAZARDSTRANSPORTATION OF NINE OR MORE FARM WORKERS IN ONE VEHICLE MUST BE PROVIDED IN INSPECTED, CERTIFIED, AND INSURED FARM LABOR VEHICLESNO EMPLOYER CHARGES ARE PERMITTED FOR NECESSARY TOOLS OR EQUIPMENT, INCLUDING SAFETY ITEMSEMPLOYEES ARE ELIGIBLE TO APPLY FOR EMPLOYEE-PAID HEALTH INSURANCEH-2A EMPLOYEES ARE ELIGIBLE TO ACCRUE AND TAKE PAID SICK LEAVE, INCLUDING ADDITIONAL SICK LEAVE THAT MAY BE REQUIRED BY EMERGENCY ORDERSWORKERS COMPENSATION BENEFITS, INCLUDING DISABILITY PAY AND MEDICAL CARE MUST BE PROVIDED FOR WORK-RELATED INJURIES OR ILLNESSEMPLOYEES HAVE THE RIGHT TO COMPLAIN TO STATE AGENCIES AND TO SEEK ADVICE FROM LEGAL ASSISTANCE PROGRAMS OR COLLECTIVE BARGAINING REPRESENTATIVES REGARDING WORKING CONDITIONSEMPLOYEES MUST BE TRAINED AND PROVIDED NECESSARY LIGHTING, SPECIAL HIGH-VISIBILITY CLOTHING, AND OTHER EQUIPMENT TO ENSURE SAFE WORKING CONDITIONS FOR OUTDOOR AGRICULTURAL WORK BETWEEN DUSK AND DAWNWEEDING OR THINNING WITH SHORT-HANDLED HOES IS PROHIBITED WHEN THE HOE IS USED IN A STOOPING, KNEELING, OR SQUATTING POSITION. HAND WEEDING OR THINNING IS NOT PERMITTED EXCEPT IN VERY LIMITED CIRCUMSTANCESADDITIONAL RIGHTS AND REMEDIES The template shall plainly state that it does not describe all rights and remedies available to H-2A employees under California or federal laws for violations of housing, labor, health and safety, or other laws, and is not meant to create or limit any rights but is only a restatement of existing law.(e) The Labor Commissioner shall revise language in the template required by subdivision (c), as necessary, to do all of the following: (1) Provide, update, or expand useful agency contact information.(2) Correct inconsistencies with current laws or regulations, including, adding, deleting, or changing information because of new developments in case law pertinent to any provision referenced in the template.(3) Add any other information relating to any or all of the topic headings in the template, or revise the topic headings in the template, if the Labor Commissioner deems the additions or revisions material and necessary.(4) Add or delete information because of the enactment of new laws or regulations or because of the repeal of existing laws or regulations.
Enrolled September 01, 2022 Passed IN Senate August 29, 2022 Passed IN Assembly August 30, 2022 Amended IN Senate August 24, 2022 Amended IN Senate August 25, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 857Introduced by Assembly Member Kalra(Principal coauthor: Senator Durazo)February 17, 2021An act to amend Section 2810.5 of, and to add Section 2810.6 to, the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 857, Kalra. Employers: Labor Commissioner: required disclosures. Existing law requires an employer to provide an employee, at the time of hiring, a written notice including specified information in the language the employer normally uses to communicate employment-related information to the employee. Existing law requires the Labor Commissioner to prepare a template that includes the specified information mentioned above and to make the template available to employers in the manner as determined by the commissioner.This bill would require an employer to include in their written notice to all employees, specified information required in the event of a federal or state declared disaster or applicable to the county or counties in which the employee will be employed. The bill would prohibit an employer from retaliating against an H-2A employee for raising questions about the declarations requirements or recommendations that relate to employment, housing, or working conditions. This bill would additionally require an employer, beginning on March 15, 2023, to provide an H-2A employee, as described, on the day the employee begins work in the state, or begins work for a new employer after being transferred, a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, in English, containing information deemed material and necessary by the Labor Commissioner, respecting specified topics relative to an H-2A employees rights pursuant to federal and state law. The bill would also require the commissioner to create a template, as specified, and would require the commissioner to combine these requirements with an existing notification template for purposes of carrying out this requirement, including a separate section of the template listing key legal rights of H-2A workers under California Law, and to make the template available to employers in the manner as determined by the commissioner by March 1, 2023. The bill would also make conforming changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Enrolled September 01, 2022 Passed IN Senate August 29, 2022 Passed IN Assembly August 30, 2022 Amended IN Senate August 24, 2022 Amended IN Senate August 25, 2021
Enrolled September 01, 2022
Passed IN Senate August 29, 2022
Passed IN Assembly August 30, 2022
Amended IN Senate August 24, 2022
Amended IN Senate August 25, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 857
Introduced by Assembly Member Kalra(Principal coauthor: Senator Durazo)February 17, 2021
Introduced by Assembly Member Kalra(Principal coauthor: Senator Durazo)
February 17, 2021
An act to amend Section 2810.5 of, and to add Section 2810.6 to, the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 857, Kalra. Employers: Labor Commissioner: required disclosures.
Existing law requires an employer to provide an employee, at the time of hiring, a written notice including specified information in the language the employer normally uses to communicate employment-related information to the employee. Existing law requires the Labor Commissioner to prepare a template that includes the specified information mentioned above and to make the template available to employers in the manner as determined by the commissioner.This bill would require an employer to include in their written notice to all employees, specified information required in the event of a federal or state declared disaster or applicable to the county or counties in which the employee will be employed. The bill would prohibit an employer from retaliating against an H-2A employee for raising questions about the declarations requirements or recommendations that relate to employment, housing, or working conditions. This bill would additionally require an employer, beginning on March 15, 2023, to provide an H-2A employee, as described, on the day the employee begins work in the state, or begins work for a new employer after being transferred, a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, in English, containing information deemed material and necessary by the Labor Commissioner, respecting specified topics relative to an H-2A employees rights pursuant to federal and state law. The bill would also require the commissioner to create a template, as specified, and would require the commissioner to combine these requirements with an existing notification template for purposes of carrying out this requirement, including a separate section of the template listing key legal rights of H-2A workers under California Law, and to make the template available to employers in the manner as determined by the commissioner by March 1, 2023. The bill would also make conforming changes.
Existing law requires an employer to provide an employee, at the time of hiring, a written notice including specified information in the language the employer normally uses to communicate employment-related information to the employee. Existing law requires the Labor Commissioner to prepare a template that includes the specified information mentioned above and to make the template available to employers in the manner as determined by the commissioner.
This bill would require an employer to include in their written notice to all employees, specified information required in the event of a federal or state declared disaster or applicable to the county or counties in which the employee will be employed. The bill would prohibit an employer from retaliating against an H-2A employee for raising questions about the declarations requirements or recommendations that relate to employment, housing, or working conditions. This bill would additionally require an employer, beginning on March 15, 2023, to provide an H-2A employee, as described, on the day the employee begins work in the state, or begins work for a new employer after being transferred, a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, in English, containing information deemed material and necessary by the Labor Commissioner, respecting specified topics relative to an H-2A employees rights pursuant to federal and state law. The bill would also require the commissioner to create a template, as specified, and would require the commissioner to combine these requirements with an existing notification template for purposes of carrying out this requirement, including a separate section of the template listing key legal rights of H-2A workers under California Law, and to make the template available to employers in the manner as determined by the commissioner by March 1, 2023. The bill would also make conforming changes.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Over 30,000 foreign agricultural temporary workers were admitted to California in the 202021 federal fiscal year under the federal H-2A farm labor visa program. Many of these farmworkers have never worked in California, and are believed to speak and read little or no English. Fewer still are believed to be familiar with their basic legal rights and remedies under California law.(b) Although all employers of H-2A farmworkers are required to comply with state and federal law, neither the United States Department of Labor nor the Employment Development Department, who both administer this program, require H-2A employers to disclose in writing to H-2A farmworkers meaningful information about fundamental California labor, housing, health and safety, and other laws that provide for their protection while employed here. Neither the United States Department of Labor nor the Employment Development Department require H-2A employers to inform H-2A farm workers of the existence of either federal or state emergency or disaster declarations that may affect their health and safety during their employment in California. During the 2020 COVID-19 virus pandemic in California, many H-2A farmworker housing sites were heavily impacted by the virus, presumably because the farmworkers were not always appropriately notified about the need to observe guidelines about social distancing and personal protection equipment.(c) This act is patterned after existing California law that requires employers to provide basic wage and hour information to all employees at the time of hire, and adds new disclosure requirements with respect to H-2A farmworkers who are brought into California for work in agriculture on a temporary basis.(d) This act provides that H-2A employers shall comply with the new disclosure requirement, on March 15, 2023, and thereafter, by furnishing workers with a copy of a template, which is to be developed by the Labor Commissioner and posted on the commissioners internet website beginning March 1, 2023.SEC. 2. Section 2810.5 of the Labor Code is amended to read:2810.5. (a) (1) At the time of hiring, an employer shall provide to each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee, containing the following information:(A) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.(B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.(C) The regular payday designated by the employer in accordance with the requirements of this code.(D) The name of the employer, including any doing business as names used by the employer.(E) The physical address of the employers main office or principal place of business, and a mailing address, if different.(F) The telephone number of the employer.(G) The name, address, and telephone number of the employers workers compensation insurance carrier.(H) That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.(I) The existence of either a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed and that was issued within 30 days prior to the employees first day of employment, that may affect their health and safety during their employment. (J) Any other information the Labor Commissioner deems material and necessary.(2) The Labor Commissioner shall prepare a template that complies with the requirements of paragraph (1). The template shall be made available to employers in such manner as determined by the Labor Commissioner.(3) If the employer is a temporary services employer, as defined in Section 201.3, the notice described in paragraph (1) shall also include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. The requirements of this paragraph do not apply to a security services company that is licensed by the Department of Consumer Affairs and that solely provides security services.(4) If an employee is admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code, the notice described in paragraph (1) shall also include, in a separate and distinct section, the information set forth in subdivision (c) of Section 2810.6, and the employer, on March 15, 2023, and thereafter, shall provide the required combined notice in Spanish, prepared by the Labor Commissioner, to the H-2A employee on the day the H-2A employee begins work for the employer in the state or begins work for a new employer after being transferred by an H-2A or other employer. An H-2A employee may request that a notice in English also be provided. The Labor Commissioner shall eliminate any duplicative or redundant information when combining the two notices.(b) An employer shall notify their employees in writing of any changes to the information set forth in the notice within seven calendar days after the time of the changes, unless one of the following applies:(1) All changes are reflected on a timely wage statement furnished in accordance with Section 226.(2) Notice of all changes is provided in another writing required by law within seven days of the changes.(c) For purposes of this section and Section 2810.6, employee does not include any of the following:(1) An employee directly employed by the state or any political subdivision thereof, including any city, county, city and county, or special district.(2) An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission.(3) An employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employee, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.SEC. 3. Section 2810.6 is added to the Labor Code, to read:2810.6. (a) This section shall be known, and may be cited, as The California Legal Rights Disclosure Act for H-2A Farmworkers.(b) (1) On March 15, 2023, and thereafter, every employer of California employees admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code shall, on the first day the employee begins work in California, or begins work for a new employer after being transferred by an H-2A or other employer, provide each H-2A employee with a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, also in English, that includes the information set forth in subdivision (c).(2) Every employer shall notify every H-2A employee of any federal or state emergency or emergency disaster declaration applicable to the county or counties where the H-2A employee is to be employed and that was issued within 30 days prior to the H-2A employees first day of employment, or within seven days after any new declaration is issued applicable to those county or counties, that may affect the health and safety of an H-2A employee during the period of their employment, including, but not limited to, the declarations requirements or recommendations respecting housing, toilets, handwashing, water, working conditions, health insurance, sick leave, or workers compensation. An H-2A employer shall not retaliate against an H-2A employee for raising questions about the declarations requirements or recommendations that may relate to employment, housing, or working conditions.(3) The employer shall comply with this subdivision beginning March 15, 2023, and thereafter by providing the employee with a copy of the template prepared by the Labor Commissioner pursuant to subdivision (c), which shall be included in the notice required by Section 2810.5 for H-2A employers.(c) (1) The Labor Commissioner shall prepare a template, in Spanish and English, that complies with the information requirements of subdivision (d).(2) The template shall be made available to employers in the manner determined by the Labor Commissioner, but shall be posted on the commissioners internet website beginning March 1, 2023, and thereafter.(3) The Labor Commissioner shall combine this information, for H-2A employers, with the template currently required under Section 2810.5.(d) Except as provided in subdivision (e), the Labor Commissioner shall include in the template required by subdivision (c) information that the Labor Commissioner deems material and necessary respecting all of the topic headings set forth below in a separate and distinct section of the template titled: Summary of Key Legal Rights of H-2A Workers under California Laws, and the Labor Commissioner shall include other explanatory information relating to any or all of the topic headings below that are deemed material and necessary:EMPLOYERS MUST DISCLOSE TO H-2A WORKERS THE EXISTENCE OF ANY FEDERAL OR STATE EMERGENCY OR DISASTER DECLARATION THAT WAS ISSUED WITHIN 30 DAYS PRIOR TO THEIR ARRIVAL FOR WORK IN COUNTIES WHERE THEY WILL BE EMPLOYEDMANDATORY WAGE RATE(S) FOR THE ENTIRE CONTRACT PERIODOVERTIME WAGE RATES APPLY FOR ALL HOURS WORKED IN EXCESS OF APPLICABLE DAILY AND WEEKLY MAXIMUM HOURS, AND ON THE SEVENTH DAY OF WORK IN A WORKWEEK H-2A EMPLOYEES MUST BE PAID AT LEAST ONCE EACH WEEK IF EMPLOYED BY A FARM LABOR CONTRACTOR OR AT LEAST TWICE EACH MONTH IF THE EMPLOYER IS NOT A FARM LABOR CONTRACTORPIECE RATE EMPLOYEES MUST BE PAID FOR ALL HOURS WORKED, INCLUDING DURING REST PERIODS AND NONPRODUCTIVE TIMETEN-MINUTE REST PERIODS MUST BE PROVIDED FOR EACH FOUR HOURS WORKEDTHIRTY-MINUTE DUTY-FREE MEAL PERIODS MUST BE PROVIDED FOR EACH FIVE-HOUR PERIOD WORKEDDEDUCTIONS FROM WAGES FOR CHARGES FOR MEALS NOT TAKEN ARE PROHIBITEDAN EMPLOYEES TIME SPENT WHILE BEING TRANSPORTED BY AN H-2A EMPLOYER FROM THE EMPLOYEES HOUSING TO THE EMPLOYERS WORKSITE MUST BE COMPENSATED IF THE EMPLOYEE IS REQUIRED TO USE EMPLOYER-PROVIDED TRANSPORTATIONRIGHTS OF EMPLOYEES WHO LIVE IN EMPLOYER HOUSINGAN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR COMPLAINING ABOUT WORKING CONDITIONS OR FOR ORGANIZING COLLECTIVELYH-2A EMPLOYEES MUST BE PROVIDED WITH ITEMIZED WAGE STATEMENT INFORMATION, INCLUDING ADDITIONAL INFORMATION FOR H-2A EMPLOYEES PAID BY PIECE RATEH-2A EMPLOYEES MUST BE TRAINED TO IDENTIFY, PREVENT, AND REPORT SEXUAL HARASSMENT TO THEIR EMPLOYER AND TO STATE AND FEDERAL AGENCIESTOILETS AND HANDWASHING FACILITIES MUST BE ACCESSIBLE, AND DRINKING WATER MUST BE PROVIDED AT ALL WORKSITESTHE EMPLOYER MUST PROVIDE SHADE AND OTHER PROTECTIONS FROM HOT WORKING CONDITIONSTHE EMPLOYER MUST PROVIDE PESTICIDE EXPOSURE PROTECTIONSTHE EMPLOYER MUST PROVIDE WORKPLACE SAFETY TRAINING AND HAVE PROCEDURES FOR IDENTIFYING AND CORRECTING HAZARDSTRANSPORTATION OF NINE OR MORE FARM WORKERS IN ONE VEHICLE MUST BE PROVIDED IN INSPECTED, CERTIFIED, AND INSURED FARM LABOR VEHICLESNO EMPLOYER CHARGES ARE PERMITTED FOR NECESSARY TOOLS OR EQUIPMENT, INCLUDING SAFETY ITEMSEMPLOYEES ARE ELIGIBLE TO APPLY FOR EMPLOYEE-PAID HEALTH INSURANCEH-2A EMPLOYEES ARE ELIGIBLE TO ACCRUE AND TAKE PAID SICK LEAVE, INCLUDING ADDITIONAL SICK LEAVE THAT MAY BE REQUIRED BY EMERGENCY ORDERSWORKERS COMPENSATION BENEFITS, INCLUDING DISABILITY PAY AND MEDICAL CARE MUST BE PROVIDED FOR WORK-RELATED INJURIES OR ILLNESSEMPLOYEES HAVE THE RIGHT TO COMPLAIN TO STATE AGENCIES AND TO SEEK ADVICE FROM LEGAL ASSISTANCE PROGRAMS OR COLLECTIVE BARGAINING REPRESENTATIVES REGARDING WORKING CONDITIONSEMPLOYEES MUST BE TRAINED AND PROVIDED NECESSARY LIGHTING, SPECIAL HIGH-VISIBILITY CLOTHING, AND OTHER EQUIPMENT TO ENSURE SAFE WORKING CONDITIONS FOR OUTDOOR AGRICULTURAL WORK BETWEEN DUSK AND DAWNWEEDING OR THINNING WITH SHORT-HANDLED HOES IS PROHIBITED WHEN THE HOE IS USED IN A STOOPING, KNEELING, OR SQUATTING POSITION. HAND WEEDING OR THINNING IS NOT PERMITTED EXCEPT IN VERY LIMITED CIRCUMSTANCESADDITIONAL RIGHTS AND REMEDIES The template shall plainly state that it does not describe all rights and remedies available to H-2A employees under California or federal laws for violations of housing, labor, health and safety, or other laws, and is not meant to create or limit any rights but is only a restatement of existing law.(e) The Labor Commissioner shall revise language in the template required by subdivision (c), as necessary, to do all of the following: (1) Provide, update, or expand useful agency contact information.(2) Correct inconsistencies with current laws or regulations, including, adding, deleting, or changing information because of new developments in case law pertinent to any provision referenced in the template.(3) Add any other information relating to any or all of the topic headings in the template, or revise the topic headings in the template, if the Labor Commissioner deems the additions or revisions material and necessary.(4) Add or delete information because of the enactment of new laws or regulations or because of the repeal of existing laws or regulations.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Over 30,000 foreign agricultural temporary workers were admitted to California in the 202021 federal fiscal year under the federal H-2A farm labor visa program. Many of these farmworkers have never worked in California, and are believed to speak and read little or no English. Fewer still are believed to be familiar with their basic legal rights and remedies under California law.(b) Although all employers of H-2A farmworkers are required to comply with state and federal law, neither the United States Department of Labor nor the Employment Development Department, who both administer this program, require H-2A employers to disclose in writing to H-2A farmworkers meaningful information about fundamental California labor, housing, health and safety, and other laws that provide for their protection while employed here. Neither the United States Department of Labor nor the Employment Development Department require H-2A employers to inform H-2A farm workers of the existence of either federal or state emergency or disaster declarations that may affect their health and safety during their employment in California. During the 2020 COVID-19 virus pandemic in California, many H-2A farmworker housing sites were heavily impacted by the virus, presumably because the farmworkers were not always appropriately notified about the need to observe guidelines about social distancing and personal protection equipment.(c) This act is patterned after existing California law that requires employers to provide basic wage and hour information to all employees at the time of hire, and adds new disclosure requirements with respect to H-2A farmworkers who are brought into California for work in agriculture on a temporary basis.(d) This act provides that H-2A employers shall comply with the new disclosure requirement, on March 15, 2023, and thereafter, by furnishing workers with a copy of a template, which is to be developed by the Labor Commissioner and posted on the commissioners internet website beginning March 1, 2023.
SECTION 1. The Legislature finds and declares all of the following:(a) Over 30,000 foreign agricultural temporary workers were admitted to California in the 202021 federal fiscal year under the federal H-2A farm labor visa program. Many of these farmworkers have never worked in California, and are believed to speak and read little or no English. Fewer still are believed to be familiar with their basic legal rights and remedies under California law.(b) Although all employers of H-2A farmworkers are required to comply with state and federal law, neither the United States Department of Labor nor the Employment Development Department, who both administer this program, require H-2A employers to disclose in writing to H-2A farmworkers meaningful information about fundamental California labor, housing, health and safety, and other laws that provide for their protection while employed here. Neither the United States Department of Labor nor the Employment Development Department require H-2A employers to inform H-2A farm workers of the existence of either federal or state emergency or disaster declarations that may affect their health and safety during their employment in California. During the 2020 COVID-19 virus pandemic in California, many H-2A farmworker housing sites were heavily impacted by the virus, presumably because the farmworkers were not always appropriately notified about the need to observe guidelines about social distancing and personal protection equipment.(c) This act is patterned after existing California law that requires employers to provide basic wage and hour information to all employees at the time of hire, and adds new disclosure requirements with respect to H-2A farmworkers who are brought into California for work in agriculture on a temporary basis.(d) This act provides that H-2A employers shall comply with the new disclosure requirement, on March 15, 2023, and thereafter, by furnishing workers with a copy of a template, which is to be developed by the Labor Commissioner and posted on the commissioners internet website beginning March 1, 2023.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Over 30,000 foreign agricultural temporary workers were admitted to California in the 202021 federal fiscal year under the federal H-2A farm labor visa program. Many of these farmworkers have never worked in California, and are believed to speak and read little or no English. Fewer still are believed to be familiar with their basic legal rights and remedies under California law.
(b) Although all employers of H-2A farmworkers are required to comply with state and federal law, neither the United States Department of Labor nor the Employment Development Department, who both administer this program, require H-2A employers to disclose in writing to H-2A farmworkers meaningful information about fundamental California labor, housing, health and safety, and other laws that provide for their protection while employed here. Neither the United States Department of Labor nor the Employment Development Department require H-2A employers to inform H-2A farm workers of the existence of either federal or state emergency or disaster declarations that may affect their health and safety during their employment in California. During the 2020 COVID-19 virus pandemic in California, many H-2A farmworker housing sites were heavily impacted by the virus, presumably because the farmworkers were not always appropriately notified about the need to observe guidelines about social distancing and personal protection equipment.
(c) This act is patterned after existing California law that requires employers to provide basic wage and hour information to all employees at the time of hire, and adds new disclosure requirements with respect to H-2A farmworkers who are brought into California for work in agriculture on a temporary basis.
(d) This act provides that H-2A employers shall comply with the new disclosure requirement, on March 15, 2023, and thereafter, by furnishing workers with a copy of a template, which is to be developed by the Labor Commissioner and posted on the commissioners internet website beginning March 1, 2023.
SEC. 2. Section 2810.5 of the Labor Code is amended to read:2810.5. (a) (1) At the time of hiring, an employer shall provide to each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee, containing the following information:(A) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.(B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.(C) The regular payday designated by the employer in accordance with the requirements of this code.(D) The name of the employer, including any doing business as names used by the employer.(E) The physical address of the employers main office or principal place of business, and a mailing address, if different.(F) The telephone number of the employer.(G) The name, address, and telephone number of the employers workers compensation insurance carrier.(H) That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.(I) The existence of either a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed and that was issued within 30 days prior to the employees first day of employment, that may affect their health and safety during their employment. (J) Any other information the Labor Commissioner deems material and necessary.(2) The Labor Commissioner shall prepare a template that complies with the requirements of paragraph (1). The template shall be made available to employers in such manner as determined by the Labor Commissioner.(3) If the employer is a temporary services employer, as defined in Section 201.3, the notice described in paragraph (1) shall also include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. The requirements of this paragraph do not apply to a security services company that is licensed by the Department of Consumer Affairs and that solely provides security services.(4) If an employee is admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code, the notice described in paragraph (1) shall also include, in a separate and distinct section, the information set forth in subdivision (c) of Section 2810.6, and the employer, on March 15, 2023, and thereafter, shall provide the required combined notice in Spanish, prepared by the Labor Commissioner, to the H-2A employee on the day the H-2A employee begins work for the employer in the state or begins work for a new employer after being transferred by an H-2A or other employer. An H-2A employee may request that a notice in English also be provided. The Labor Commissioner shall eliminate any duplicative or redundant information when combining the two notices.(b) An employer shall notify their employees in writing of any changes to the information set forth in the notice within seven calendar days after the time of the changes, unless one of the following applies:(1) All changes are reflected on a timely wage statement furnished in accordance with Section 226.(2) Notice of all changes is provided in another writing required by law within seven days of the changes.(c) For purposes of this section and Section 2810.6, employee does not include any of the following:(1) An employee directly employed by the state or any political subdivision thereof, including any city, county, city and county, or special district.(2) An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission.(3) An employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employee, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.
SEC. 2. Section 2810.5 of the Labor Code is amended to read:
### SEC. 2.
2810.5. (a) (1) At the time of hiring, an employer shall provide to each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee, containing the following information:(A) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.(B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.(C) The regular payday designated by the employer in accordance with the requirements of this code.(D) The name of the employer, including any doing business as names used by the employer.(E) The physical address of the employers main office or principal place of business, and a mailing address, if different.(F) The telephone number of the employer.(G) The name, address, and telephone number of the employers workers compensation insurance carrier.(H) That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.(I) The existence of either a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed and that was issued within 30 days prior to the employees first day of employment, that may affect their health and safety during their employment. (J) Any other information the Labor Commissioner deems material and necessary.(2) The Labor Commissioner shall prepare a template that complies with the requirements of paragraph (1). The template shall be made available to employers in such manner as determined by the Labor Commissioner.(3) If the employer is a temporary services employer, as defined in Section 201.3, the notice described in paragraph (1) shall also include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. The requirements of this paragraph do not apply to a security services company that is licensed by the Department of Consumer Affairs and that solely provides security services.(4) If an employee is admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code, the notice described in paragraph (1) shall also include, in a separate and distinct section, the information set forth in subdivision (c) of Section 2810.6, and the employer, on March 15, 2023, and thereafter, shall provide the required combined notice in Spanish, prepared by the Labor Commissioner, to the H-2A employee on the day the H-2A employee begins work for the employer in the state or begins work for a new employer after being transferred by an H-2A or other employer. An H-2A employee may request that a notice in English also be provided. The Labor Commissioner shall eliminate any duplicative or redundant information when combining the two notices.(b) An employer shall notify their employees in writing of any changes to the information set forth in the notice within seven calendar days after the time of the changes, unless one of the following applies:(1) All changes are reflected on a timely wage statement furnished in accordance with Section 226.(2) Notice of all changes is provided in another writing required by law within seven days of the changes.(c) For purposes of this section and Section 2810.6, employee does not include any of the following:(1) An employee directly employed by the state or any political subdivision thereof, including any city, county, city and county, or special district.(2) An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission.(3) An employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employee, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.
2810.5. (a) (1) At the time of hiring, an employer shall provide to each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee, containing the following information:(A) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.(B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.(C) The regular payday designated by the employer in accordance with the requirements of this code.(D) The name of the employer, including any doing business as names used by the employer.(E) The physical address of the employers main office or principal place of business, and a mailing address, if different.(F) The telephone number of the employer.(G) The name, address, and telephone number of the employers workers compensation insurance carrier.(H) That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.(I) The existence of either a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed and that was issued within 30 days prior to the employees first day of employment, that may affect their health and safety during their employment. (J) Any other information the Labor Commissioner deems material and necessary.(2) The Labor Commissioner shall prepare a template that complies with the requirements of paragraph (1). The template shall be made available to employers in such manner as determined by the Labor Commissioner.(3) If the employer is a temporary services employer, as defined in Section 201.3, the notice described in paragraph (1) shall also include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. The requirements of this paragraph do not apply to a security services company that is licensed by the Department of Consumer Affairs and that solely provides security services.(4) If an employee is admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code, the notice described in paragraph (1) shall also include, in a separate and distinct section, the information set forth in subdivision (c) of Section 2810.6, and the employer, on March 15, 2023, and thereafter, shall provide the required combined notice in Spanish, prepared by the Labor Commissioner, to the H-2A employee on the day the H-2A employee begins work for the employer in the state or begins work for a new employer after being transferred by an H-2A or other employer. An H-2A employee may request that a notice in English also be provided. The Labor Commissioner shall eliminate any duplicative or redundant information when combining the two notices.(b) An employer shall notify their employees in writing of any changes to the information set forth in the notice within seven calendar days after the time of the changes, unless one of the following applies:(1) All changes are reflected on a timely wage statement furnished in accordance with Section 226.(2) Notice of all changes is provided in another writing required by law within seven days of the changes.(c) For purposes of this section and Section 2810.6, employee does not include any of the following:(1) An employee directly employed by the state or any political subdivision thereof, including any city, county, city and county, or special district.(2) An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission.(3) An employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employee, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.
2810.5. (a) (1) At the time of hiring, an employer shall provide to each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee, containing the following information:(A) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.(B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.(C) The regular payday designated by the employer in accordance with the requirements of this code.(D) The name of the employer, including any doing business as names used by the employer.(E) The physical address of the employers main office or principal place of business, and a mailing address, if different.(F) The telephone number of the employer.(G) The name, address, and telephone number of the employers workers compensation insurance carrier.(H) That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.(I) The existence of either a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed and that was issued within 30 days prior to the employees first day of employment, that may affect their health and safety during their employment. (J) Any other information the Labor Commissioner deems material and necessary.(2) The Labor Commissioner shall prepare a template that complies with the requirements of paragraph (1). The template shall be made available to employers in such manner as determined by the Labor Commissioner.(3) If the employer is a temporary services employer, as defined in Section 201.3, the notice described in paragraph (1) shall also include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. The requirements of this paragraph do not apply to a security services company that is licensed by the Department of Consumer Affairs and that solely provides security services.(4) If an employee is admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code, the notice described in paragraph (1) shall also include, in a separate and distinct section, the information set forth in subdivision (c) of Section 2810.6, and the employer, on March 15, 2023, and thereafter, shall provide the required combined notice in Spanish, prepared by the Labor Commissioner, to the H-2A employee on the day the H-2A employee begins work for the employer in the state or begins work for a new employer after being transferred by an H-2A or other employer. An H-2A employee may request that a notice in English also be provided. The Labor Commissioner shall eliminate any duplicative or redundant information when combining the two notices.(b) An employer shall notify their employees in writing of any changes to the information set forth in the notice within seven calendar days after the time of the changes, unless one of the following applies:(1) All changes are reflected on a timely wage statement furnished in accordance with Section 226.(2) Notice of all changes is provided in another writing required by law within seven days of the changes.(c) For purposes of this section and Section 2810.6, employee does not include any of the following:(1) An employee directly employed by the state or any political subdivision thereof, including any city, county, city and county, or special district.(2) An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission.(3) An employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employee, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.
2810.5. (a) (1) At the time of hiring, an employer shall provide to each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee, containing the following information:
(A) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.
(B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.
(C) The regular payday designated by the employer in accordance with the requirements of this code.
(D) The name of the employer, including any doing business as names used by the employer.
(E) The physical address of the employers main office or principal place of business, and a mailing address, if different.
(F) The telephone number of the employer.
(G) The name, address, and telephone number of the employers workers compensation insurance carrier.
(H) That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.
(I) The existence of either a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed and that was issued within 30 days prior to the employees first day of employment, that may affect their health and safety during their employment.
(J) Any other information the Labor Commissioner deems material and necessary.
(2) The Labor Commissioner shall prepare a template that complies with the requirements of paragraph (1). The template shall be made available to employers in such manner as determined by the Labor Commissioner.
(3) If the employer is a temporary services employer, as defined in Section 201.3, the notice described in paragraph (1) shall also include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. The requirements of this paragraph do not apply to a security services company that is licensed by the Department of Consumer Affairs and that solely provides security services.
(4) If an employee is admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code, the notice described in paragraph (1) shall also include, in a separate and distinct section, the information set forth in subdivision (c) of Section 2810.6, and the employer, on March 15, 2023, and thereafter, shall provide the required combined notice in Spanish, prepared by the Labor Commissioner, to the H-2A employee on the day the H-2A employee begins work for the employer in the state or begins work for a new employer after being transferred by an H-2A or other employer. An H-2A employee may request that a notice in English also be provided. The Labor Commissioner shall eliminate any duplicative or redundant information when combining the two notices.
(b) An employer shall notify their employees in writing of any changes to the information set forth in the notice within seven calendar days after the time of the changes, unless one of the following applies:
(1) All changes are reflected on a timely wage statement furnished in accordance with Section 226.
(2) Notice of all changes is provided in another writing required by law within seven days of the changes.
(c) For purposes of this section and Section 2810.6, employee does not include any of the following:
(1) An employee directly employed by the state or any political subdivision thereof, including any city, county, city and county, or special district.
(2) An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission.
(3) An employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employee, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.
SEC. 3. Section 2810.6 is added to the Labor Code, to read:2810.6. (a) This section shall be known, and may be cited, as The California Legal Rights Disclosure Act for H-2A Farmworkers.(b) (1) On March 15, 2023, and thereafter, every employer of California employees admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code shall, on the first day the employee begins work in California, or begins work for a new employer after being transferred by an H-2A or other employer, provide each H-2A employee with a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, also in English, that includes the information set forth in subdivision (c).(2) Every employer shall notify every H-2A employee of any federal or state emergency or emergency disaster declaration applicable to the county or counties where the H-2A employee is to be employed and that was issued within 30 days prior to the H-2A employees first day of employment, or within seven days after any new declaration is issued applicable to those county or counties, that may affect the health and safety of an H-2A employee during the period of their employment, including, but not limited to, the declarations requirements or recommendations respecting housing, toilets, handwashing, water, working conditions, health insurance, sick leave, or workers compensation. An H-2A employer shall not retaliate against an H-2A employee for raising questions about the declarations requirements or recommendations that may relate to employment, housing, or working conditions.(3) The employer shall comply with this subdivision beginning March 15, 2023, and thereafter by providing the employee with a copy of the template prepared by the Labor Commissioner pursuant to subdivision (c), which shall be included in the notice required by Section 2810.5 for H-2A employers.(c) (1) The Labor Commissioner shall prepare a template, in Spanish and English, that complies with the information requirements of subdivision (d).(2) The template shall be made available to employers in the manner determined by the Labor Commissioner, but shall be posted on the commissioners internet website beginning March 1, 2023, and thereafter.(3) The Labor Commissioner shall combine this information, for H-2A employers, with the template currently required under Section 2810.5.(d) Except as provided in subdivision (e), the Labor Commissioner shall include in the template required by subdivision (c) information that the Labor Commissioner deems material and necessary respecting all of the topic headings set forth below in a separate and distinct section of the template titled: Summary of Key Legal Rights of H-2A Workers under California Laws, and the Labor Commissioner shall include other explanatory information relating to any or all of the topic headings below that are deemed material and necessary:EMPLOYERS MUST DISCLOSE TO H-2A WORKERS THE EXISTENCE OF ANY FEDERAL OR STATE EMERGENCY OR DISASTER DECLARATION THAT WAS ISSUED WITHIN 30 DAYS PRIOR TO THEIR ARRIVAL FOR WORK IN COUNTIES WHERE THEY WILL BE EMPLOYEDMANDATORY WAGE RATE(S) FOR THE ENTIRE CONTRACT PERIODOVERTIME WAGE RATES APPLY FOR ALL HOURS WORKED IN EXCESS OF APPLICABLE DAILY AND WEEKLY MAXIMUM HOURS, AND ON THE SEVENTH DAY OF WORK IN A WORKWEEK H-2A EMPLOYEES MUST BE PAID AT LEAST ONCE EACH WEEK IF EMPLOYED BY A FARM LABOR CONTRACTOR OR AT LEAST TWICE EACH MONTH IF THE EMPLOYER IS NOT A FARM LABOR CONTRACTORPIECE RATE EMPLOYEES MUST BE PAID FOR ALL HOURS WORKED, INCLUDING DURING REST PERIODS AND NONPRODUCTIVE TIMETEN-MINUTE REST PERIODS MUST BE PROVIDED FOR EACH FOUR HOURS WORKEDTHIRTY-MINUTE DUTY-FREE MEAL PERIODS MUST BE PROVIDED FOR EACH FIVE-HOUR PERIOD WORKEDDEDUCTIONS FROM WAGES FOR CHARGES FOR MEALS NOT TAKEN ARE PROHIBITEDAN EMPLOYEES TIME SPENT WHILE BEING TRANSPORTED BY AN H-2A EMPLOYER FROM THE EMPLOYEES HOUSING TO THE EMPLOYERS WORKSITE MUST BE COMPENSATED IF THE EMPLOYEE IS REQUIRED TO USE EMPLOYER-PROVIDED TRANSPORTATIONRIGHTS OF EMPLOYEES WHO LIVE IN EMPLOYER HOUSINGAN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR COMPLAINING ABOUT WORKING CONDITIONS OR FOR ORGANIZING COLLECTIVELYH-2A EMPLOYEES MUST BE PROVIDED WITH ITEMIZED WAGE STATEMENT INFORMATION, INCLUDING ADDITIONAL INFORMATION FOR H-2A EMPLOYEES PAID BY PIECE RATEH-2A EMPLOYEES MUST BE TRAINED TO IDENTIFY, PREVENT, AND REPORT SEXUAL HARASSMENT TO THEIR EMPLOYER AND TO STATE AND FEDERAL AGENCIESTOILETS AND HANDWASHING FACILITIES MUST BE ACCESSIBLE, AND DRINKING WATER MUST BE PROVIDED AT ALL WORKSITESTHE EMPLOYER MUST PROVIDE SHADE AND OTHER PROTECTIONS FROM HOT WORKING CONDITIONSTHE EMPLOYER MUST PROVIDE PESTICIDE EXPOSURE PROTECTIONSTHE EMPLOYER MUST PROVIDE WORKPLACE SAFETY TRAINING AND HAVE PROCEDURES FOR IDENTIFYING AND CORRECTING HAZARDSTRANSPORTATION OF NINE OR MORE FARM WORKERS IN ONE VEHICLE MUST BE PROVIDED IN INSPECTED, CERTIFIED, AND INSURED FARM LABOR VEHICLESNO EMPLOYER CHARGES ARE PERMITTED FOR NECESSARY TOOLS OR EQUIPMENT, INCLUDING SAFETY ITEMSEMPLOYEES ARE ELIGIBLE TO APPLY FOR EMPLOYEE-PAID HEALTH INSURANCEH-2A EMPLOYEES ARE ELIGIBLE TO ACCRUE AND TAKE PAID SICK LEAVE, INCLUDING ADDITIONAL SICK LEAVE THAT MAY BE REQUIRED BY EMERGENCY ORDERSWORKERS COMPENSATION BENEFITS, INCLUDING DISABILITY PAY AND MEDICAL CARE MUST BE PROVIDED FOR WORK-RELATED INJURIES OR ILLNESSEMPLOYEES HAVE THE RIGHT TO COMPLAIN TO STATE AGENCIES AND TO SEEK ADVICE FROM LEGAL ASSISTANCE PROGRAMS OR COLLECTIVE BARGAINING REPRESENTATIVES REGARDING WORKING CONDITIONSEMPLOYEES MUST BE TRAINED AND PROVIDED NECESSARY LIGHTING, SPECIAL HIGH-VISIBILITY CLOTHING, AND OTHER EQUIPMENT TO ENSURE SAFE WORKING CONDITIONS FOR OUTDOOR AGRICULTURAL WORK BETWEEN DUSK AND DAWNWEEDING OR THINNING WITH SHORT-HANDLED HOES IS PROHIBITED WHEN THE HOE IS USED IN A STOOPING, KNEELING, OR SQUATTING POSITION. HAND WEEDING OR THINNING IS NOT PERMITTED EXCEPT IN VERY LIMITED CIRCUMSTANCESADDITIONAL RIGHTS AND REMEDIES The template shall plainly state that it does not describe all rights and remedies available to H-2A employees under California or federal laws for violations of housing, labor, health and safety, or other laws, and is not meant to create or limit any rights but is only a restatement of existing law.(e) The Labor Commissioner shall revise language in the template required by subdivision (c), as necessary, to do all of the following: (1) Provide, update, or expand useful agency contact information.(2) Correct inconsistencies with current laws or regulations, including, adding, deleting, or changing information because of new developments in case law pertinent to any provision referenced in the template.(3) Add any other information relating to any or all of the topic headings in the template, or revise the topic headings in the template, if the Labor Commissioner deems the additions or revisions material and necessary.(4) Add or delete information because of the enactment of new laws or regulations or because of the repeal of existing laws or regulations.
SEC. 3. Section 2810.6 is added to the Labor Code, to read:
### SEC. 3.
2810.6. (a) This section shall be known, and may be cited, as The California Legal Rights Disclosure Act for H-2A Farmworkers.(b) (1) On March 15, 2023, and thereafter, every employer of California employees admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code shall, on the first day the employee begins work in California, or begins work for a new employer after being transferred by an H-2A or other employer, provide each H-2A employee with a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, also in English, that includes the information set forth in subdivision (c).(2) Every employer shall notify every H-2A employee of any federal or state emergency or emergency disaster declaration applicable to the county or counties where the H-2A employee is to be employed and that was issued within 30 days prior to the H-2A employees first day of employment, or within seven days after any new declaration is issued applicable to those county or counties, that may affect the health and safety of an H-2A employee during the period of their employment, including, but not limited to, the declarations requirements or recommendations respecting housing, toilets, handwashing, water, working conditions, health insurance, sick leave, or workers compensation. An H-2A employer shall not retaliate against an H-2A employee for raising questions about the declarations requirements or recommendations that may relate to employment, housing, or working conditions.(3) The employer shall comply with this subdivision beginning March 15, 2023, and thereafter by providing the employee with a copy of the template prepared by the Labor Commissioner pursuant to subdivision (c), which shall be included in the notice required by Section 2810.5 for H-2A employers.(c) (1) The Labor Commissioner shall prepare a template, in Spanish and English, that complies with the information requirements of subdivision (d).(2) The template shall be made available to employers in the manner determined by the Labor Commissioner, but shall be posted on the commissioners internet website beginning March 1, 2023, and thereafter.(3) The Labor Commissioner shall combine this information, for H-2A employers, with the template currently required under Section 2810.5.(d) Except as provided in subdivision (e), the Labor Commissioner shall include in the template required by subdivision (c) information that the Labor Commissioner deems material and necessary respecting all of the topic headings set forth below in a separate and distinct section of the template titled: Summary of Key Legal Rights of H-2A Workers under California Laws, and the Labor Commissioner shall include other explanatory information relating to any or all of the topic headings below that are deemed material and necessary:EMPLOYERS MUST DISCLOSE TO H-2A WORKERS THE EXISTENCE OF ANY FEDERAL OR STATE EMERGENCY OR DISASTER DECLARATION THAT WAS ISSUED WITHIN 30 DAYS PRIOR TO THEIR ARRIVAL FOR WORK IN COUNTIES WHERE THEY WILL BE EMPLOYEDMANDATORY WAGE RATE(S) FOR THE ENTIRE CONTRACT PERIODOVERTIME WAGE RATES APPLY FOR ALL HOURS WORKED IN EXCESS OF APPLICABLE DAILY AND WEEKLY MAXIMUM HOURS, AND ON THE SEVENTH DAY OF WORK IN A WORKWEEK H-2A EMPLOYEES MUST BE PAID AT LEAST ONCE EACH WEEK IF EMPLOYED BY A FARM LABOR CONTRACTOR OR AT LEAST TWICE EACH MONTH IF THE EMPLOYER IS NOT A FARM LABOR CONTRACTORPIECE RATE EMPLOYEES MUST BE PAID FOR ALL HOURS WORKED, INCLUDING DURING REST PERIODS AND NONPRODUCTIVE TIMETEN-MINUTE REST PERIODS MUST BE PROVIDED FOR EACH FOUR HOURS WORKEDTHIRTY-MINUTE DUTY-FREE MEAL PERIODS MUST BE PROVIDED FOR EACH FIVE-HOUR PERIOD WORKEDDEDUCTIONS FROM WAGES FOR CHARGES FOR MEALS NOT TAKEN ARE PROHIBITEDAN EMPLOYEES TIME SPENT WHILE BEING TRANSPORTED BY AN H-2A EMPLOYER FROM THE EMPLOYEES HOUSING TO THE EMPLOYERS WORKSITE MUST BE COMPENSATED IF THE EMPLOYEE IS REQUIRED TO USE EMPLOYER-PROVIDED TRANSPORTATIONRIGHTS OF EMPLOYEES WHO LIVE IN EMPLOYER HOUSINGAN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR COMPLAINING ABOUT WORKING CONDITIONS OR FOR ORGANIZING COLLECTIVELYH-2A EMPLOYEES MUST BE PROVIDED WITH ITEMIZED WAGE STATEMENT INFORMATION, INCLUDING ADDITIONAL INFORMATION FOR H-2A EMPLOYEES PAID BY PIECE RATEH-2A EMPLOYEES MUST BE TRAINED TO IDENTIFY, PREVENT, AND REPORT SEXUAL HARASSMENT TO THEIR EMPLOYER AND TO STATE AND FEDERAL AGENCIESTOILETS AND HANDWASHING FACILITIES MUST BE ACCESSIBLE, AND DRINKING WATER MUST BE PROVIDED AT ALL WORKSITESTHE EMPLOYER MUST PROVIDE SHADE AND OTHER PROTECTIONS FROM HOT WORKING CONDITIONSTHE EMPLOYER MUST PROVIDE PESTICIDE EXPOSURE PROTECTIONSTHE EMPLOYER MUST PROVIDE WORKPLACE SAFETY TRAINING AND HAVE PROCEDURES FOR IDENTIFYING AND CORRECTING HAZARDSTRANSPORTATION OF NINE OR MORE FARM WORKERS IN ONE VEHICLE MUST BE PROVIDED IN INSPECTED, CERTIFIED, AND INSURED FARM LABOR VEHICLESNO EMPLOYER CHARGES ARE PERMITTED FOR NECESSARY TOOLS OR EQUIPMENT, INCLUDING SAFETY ITEMSEMPLOYEES ARE ELIGIBLE TO APPLY FOR EMPLOYEE-PAID HEALTH INSURANCEH-2A EMPLOYEES ARE ELIGIBLE TO ACCRUE AND TAKE PAID SICK LEAVE, INCLUDING ADDITIONAL SICK LEAVE THAT MAY BE REQUIRED BY EMERGENCY ORDERSWORKERS COMPENSATION BENEFITS, INCLUDING DISABILITY PAY AND MEDICAL CARE MUST BE PROVIDED FOR WORK-RELATED INJURIES OR ILLNESSEMPLOYEES HAVE THE RIGHT TO COMPLAIN TO STATE AGENCIES AND TO SEEK ADVICE FROM LEGAL ASSISTANCE PROGRAMS OR COLLECTIVE BARGAINING REPRESENTATIVES REGARDING WORKING CONDITIONSEMPLOYEES MUST BE TRAINED AND PROVIDED NECESSARY LIGHTING, SPECIAL HIGH-VISIBILITY CLOTHING, AND OTHER EQUIPMENT TO ENSURE SAFE WORKING CONDITIONS FOR OUTDOOR AGRICULTURAL WORK BETWEEN DUSK AND DAWNWEEDING OR THINNING WITH SHORT-HANDLED HOES IS PROHIBITED WHEN THE HOE IS USED IN A STOOPING, KNEELING, OR SQUATTING POSITION. HAND WEEDING OR THINNING IS NOT PERMITTED EXCEPT IN VERY LIMITED CIRCUMSTANCESADDITIONAL RIGHTS AND REMEDIES The template shall plainly state that it does not describe all rights and remedies available to H-2A employees under California or federal laws for violations of housing, labor, health and safety, or other laws, and is not meant to create or limit any rights but is only a restatement of existing law.(e) The Labor Commissioner shall revise language in the template required by subdivision (c), as necessary, to do all of the following: (1) Provide, update, or expand useful agency contact information.(2) Correct inconsistencies with current laws or regulations, including, adding, deleting, or changing information because of new developments in case law pertinent to any provision referenced in the template.(3) Add any other information relating to any or all of the topic headings in the template, or revise the topic headings in the template, if the Labor Commissioner deems the additions or revisions material and necessary.(4) Add or delete information because of the enactment of new laws or regulations or because of the repeal of existing laws or regulations.
2810.6. (a) This section shall be known, and may be cited, as The California Legal Rights Disclosure Act for H-2A Farmworkers.(b) (1) On March 15, 2023, and thereafter, every employer of California employees admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code shall, on the first day the employee begins work in California, or begins work for a new employer after being transferred by an H-2A or other employer, provide each H-2A employee with a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, also in English, that includes the information set forth in subdivision (c).(2) Every employer shall notify every H-2A employee of any federal or state emergency or emergency disaster declaration applicable to the county or counties where the H-2A employee is to be employed and that was issued within 30 days prior to the H-2A employees first day of employment, or within seven days after any new declaration is issued applicable to those county or counties, that may affect the health and safety of an H-2A employee during the period of their employment, including, but not limited to, the declarations requirements or recommendations respecting housing, toilets, handwashing, water, working conditions, health insurance, sick leave, or workers compensation. An H-2A employer shall not retaliate against an H-2A employee for raising questions about the declarations requirements or recommendations that may relate to employment, housing, or working conditions.(3) The employer shall comply with this subdivision beginning March 15, 2023, and thereafter by providing the employee with a copy of the template prepared by the Labor Commissioner pursuant to subdivision (c), which shall be included in the notice required by Section 2810.5 for H-2A employers.(c) (1) The Labor Commissioner shall prepare a template, in Spanish and English, that complies with the information requirements of subdivision (d).(2) The template shall be made available to employers in the manner determined by the Labor Commissioner, but shall be posted on the commissioners internet website beginning March 1, 2023, and thereafter.(3) The Labor Commissioner shall combine this information, for H-2A employers, with the template currently required under Section 2810.5.(d) Except as provided in subdivision (e), the Labor Commissioner shall include in the template required by subdivision (c) information that the Labor Commissioner deems material and necessary respecting all of the topic headings set forth below in a separate and distinct section of the template titled: Summary of Key Legal Rights of H-2A Workers under California Laws, and the Labor Commissioner shall include other explanatory information relating to any or all of the topic headings below that are deemed material and necessary:EMPLOYERS MUST DISCLOSE TO H-2A WORKERS THE EXISTENCE OF ANY FEDERAL OR STATE EMERGENCY OR DISASTER DECLARATION THAT WAS ISSUED WITHIN 30 DAYS PRIOR TO THEIR ARRIVAL FOR WORK IN COUNTIES WHERE THEY WILL BE EMPLOYEDMANDATORY WAGE RATE(S) FOR THE ENTIRE CONTRACT PERIODOVERTIME WAGE RATES APPLY FOR ALL HOURS WORKED IN EXCESS OF APPLICABLE DAILY AND WEEKLY MAXIMUM HOURS, AND ON THE SEVENTH DAY OF WORK IN A WORKWEEK H-2A EMPLOYEES MUST BE PAID AT LEAST ONCE EACH WEEK IF EMPLOYED BY A FARM LABOR CONTRACTOR OR AT LEAST TWICE EACH MONTH IF THE EMPLOYER IS NOT A FARM LABOR CONTRACTORPIECE RATE EMPLOYEES MUST BE PAID FOR ALL HOURS WORKED, INCLUDING DURING REST PERIODS AND NONPRODUCTIVE TIMETEN-MINUTE REST PERIODS MUST BE PROVIDED FOR EACH FOUR HOURS WORKEDTHIRTY-MINUTE DUTY-FREE MEAL PERIODS MUST BE PROVIDED FOR EACH FIVE-HOUR PERIOD WORKEDDEDUCTIONS FROM WAGES FOR CHARGES FOR MEALS NOT TAKEN ARE PROHIBITEDAN EMPLOYEES TIME SPENT WHILE BEING TRANSPORTED BY AN H-2A EMPLOYER FROM THE EMPLOYEES HOUSING TO THE EMPLOYERS WORKSITE MUST BE COMPENSATED IF THE EMPLOYEE IS REQUIRED TO USE EMPLOYER-PROVIDED TRANSPORTATIONRIGHTS OF EMPLOYEES WHO LIVE IN EMPLOYER HOUSINGAN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR COMPLAINING ABOUT WORKING CONDITIONS OR FOR ORGANIZING COLLECTIVELYH-2A EMPLOYEES MUST BE PROVIDED WITH ITEMIZED WAGE STATEMENT INFORMATION, INCLUDING ADDITIONAL INFORMATION FOR H-2A EMPLOYEES PAID BY PIECE RATEH-2A EMPLOYEES MUST BE TRAINED TO IDENTIFY, PREVENT, AND REPORT SEXUAL HARASSMENT TO THEIR EMPLOYER AND TO STATE AND FEDERAL AGENCIESTOILETS AND HANDWASHING FACILITIES MUST BE ACCESSIBLE, AND DRINKING WATER MUST BE PROVIDED AT ALL WORKSITESTHE EMPLOYER MUST PROVIDE SHADE AND OTHER PROTECTIONS FROM HOT WORKING CONDITIONSTHE EMPLOYER MUST PROVIDE PESTICIDE EXPOSURE PROTECTIONSTHE EMPLOYER MUST PROVIDE WORKPLACE SAFETY TRAINING AND HAVE PROCEDURES FOR IDENTIFYING AND CORRECTING HAZARDSTRANSPORTATION OF NINE OR MORE FARM WORKERS IN ONE VEHICLE MUST BE PROVIDED IN INSPECTED, CERTIFIED, AND INSURED FARM LABOR VEHICLESNO EMPLOYER CHARGES ARE PERMITTED FOR NECESSARY TOOLS OR EQUIPMENT, INCLUDING SAFETY ITEMSEMPLOYEES ARE ELIGIBLE TO APPLY FOR EMPLOYEE-PAID HEALTH INSURANCEH-2A EMPLOYEES ARE ELIGIBLE TO ACCRUE AND TAKE PAID SICK LEAVE, INCLUDING ADDITIONAL SICK LEAVE THAT MAY BE REQUIRED BY EMERGENCY ORDERSWORKERS COMPENSATION BENEFITS, INCLUDING DISABILITY PAY AND MEDICAL CARE MUST BE PROVIDED FOR WORK-RELATED INJURIES OR ILLNESSEMPLOYEES HAVE THE RIGHT TO COMPLAIN TO STATE AGENCIES AND TO SEEK ADVICE FROM LEGAL ASSISTANCE PROGRAMS OR COLLECTIVE BARGAINING REPRESENTATIVES REGARDING WORKING CONDITIONSEMPLOYEES MUST BE TRAINED AND PROVIDED NECESSARY LIGHTING, SPECIAL HIGH-VISIBILITY CLOTHING, AND OTHER EQUIPMENT TO ENSURE SAFE WORKING CONDITIONS FOR OUTDOOR AGRICULTURAL WORK BETWEEN DUSK AND DAWNWEEDING OR THINNING WITH SHORT-HANDLED HOES IS PROHIBITED WHEN THE HOE IS USED IN A STOOPING, KNEELING, OR SQUATTING POSITION. HAND WEEDING OR THINNING IS NOT PERMITTED EXCEPT IN VERY LIMITED CIRCUMSTANCESADDITIONAL RIGHTS AND REMEDIES The template shall plainly state that it does not describe all rights and remedies available to H-2A employees under California or federal laws for violations of housing, labor, health and safety, or other laws, and is not meant to create or limit any rights but is only a restatement of existing law.(e) The Labor Commissioner shall revise language in the template required by subdivision (c), as necessary, to do all of the following: (1) Provide, update, or expand useful agency contact information.(2) Correct inconsistencies with current laws or regulations, including, adding, deleting, or changing information because of new developments in case law pertinent to any provision referenced in the template.(3) Add any other information relating to any or all of the topic headings in the template, or revise the topic headings in the template, if the Labor Commissioner deems the additions or revisions material and necessary.(4) Add or delete information because of the enactment of new laws or regulations or because of the repeal of existing laws or regulations.
2810.6. (a) This section shall be known, and may be cited, as The California Legal Rights Disclosure Act for H-2A Farmworkers.(b) (1) On March 15, 2023, and thereafter, every employer of California employees admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code shall, on the first day the employee begins work in California, or begins work for a new employer after being transferred by an H-2A or other employer, provide each H-2A employee with a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, also in English, that includes the information set forth in subdivision (c).(2) Every employer shall notify every H-2A employee of any federal or state emergency or emergency disaster declaration applicable to the county or counties where the H-2A employee is to be employed and that was issued within 30 days prior to the H-2A employees first day of employment, or within seven days after any new declaration is issued applicable to those county or counties, that may affect the health and safety of an H-2A employee during the period of their employment, including, but not limited to, the declarations requirements or recommendations respecting housing, toilets, handwashing, water, working conditions, health insurance, sick leave, or workers compensation. An H-2A employer shall not retaliate against an H-2A employee for raising questions about the declarations requirements or recommendations that may relate to employment, housing, or working conditions.(3) The employer shall comply with this subdivision beginning March 15, 2023, and thereafter by providing the employee with a copy of the template prepared by the Labor Commissioner pursuant to subdivision (c), which shall be included in the notice required by Section 2810.5 for H-2A employers.(c) (1) The Labor Commissioner shall prepare a template, in Spanish and English, that complies with the information requirements of subdivision (d).(2) The template shall be made available to employers in the manner determined by the Labor Commissioner, but shall be posted on the commissioners internet website beginning March 1, 2023, and thereafter.(3) The Labor Commissioner shall combine this information, for H-2A employers, with the template currently required under Section 2810.5.(d) Except as provided in subdivision (e), the Labor Commissioner shall include in the template required by subdivision (c) information that the Labor Commissioner deems material and necessary respecting all of the topic headings set forth below in a separate and distinct section of the template titled: Summary of Key Legal Rights of H-2A Workers under California Laws, and the Labor Commissioner shall include other explanatory information relating to any or all of the topic headings below that are deemed material and necessary:EMPLOYERS MUST DISCLOSE TO H-2A WORKERS THE EXISTENCE OF ANY FEDERAL OR STATE EMERGENCY OR DISASTER DECLARATION THAT WAS ISSUED WITHIN 30 DAYS PRIOR TO THEIR ARRIVAL FOR WORK IN COUNTIES WHERE THEY WILL BE EMPLOYEDMANDATORY WAGE RATE(S) FOR THE ENTIRE CONTRACT PERIODOVERTIME WAGE RATES APPLY FOR ALL HOURS WORKED IN EXCESS OF APPLICABLE DAILY AND WEEKLY MAXIMUM HOURS, AND ON THE SEVENTH DAY OF WORK IN A WORKWEEK H-2A EMPLOYEES MUST BE PAID AT LEAST ONCE EACH WEEK IF EMPLOYED BY A FARM LABOR CONTRACTOR OR AT LEAST TWICE EACH MONTH IF THE EMPLOYER IS NOT A FARM LABOR CONTRACTORPIECE RATE EMPLOYEES MUST BE PAID FOR ALL HOURS WORKED, INCLUDING DURING REST PERIODS AND NONPRODUCTIVE TIMETEN-MINUTE REST PERIODS MUST BE PROVIDED FOR EACH FOUR HOURS WORKEDTHIRTY-MINUTE DUTY-FREE MEAL PERIODS MUST BE PROVIDED FOR EACH FIVE-HOUR PERIOD WORKEDDEDUCTIONS FROM WAGES FOR CHARGES FOR MEALS NOT TAKEN ARE PROHIBITEDAN EMPLOYEES TIME SPENT WHILE BEING TRANSPORTED BY AN H-2A EMPLOYER FROM THE EMPLOYEES HOUSING TO THE EMPLOYERS WORKSITE MUST BE COMPENSATED IF THE EMPLOYEE IS REQUIRED TO USE EMPLOYER-PROVIDED TRANSPORTATIONRIGHTS OF EMPLOYEES WHO LIVE IN EMPLOYER HOUSINGAN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR COMPLAINING ABOUT WORKING CONDITIONS OR FOR ORGANIZING COLLECTIVELYH-2A EMPLOYEES MUST BE PROVIDED WITH ITEMIZED WAGE STATEMENT INFORMATION, INCLUDING ADDITIONAL INFORMATION FOR H-2A EMPLOYEES PAID BY PIECE RATEH-2A EMPLOYEES MUST BE TRAINED TO IDENTIFY, PREVENT, AND REPORT SEXUAL HARASSMENT TO THEIR EMPLOYER AND TO STATE AND FEDERAL AGENCIESTOILETS AND HANDWASHING FACILITIES MUST BE ACCESSIBLE, AND DRINKING WATER MUST BE PROVIDED AT ALL WORKSITESTHE EMPLOYER MUST PROVIDE SHADE AND OTHER PROTECTIONS FROM HOT WORKING CONDITIONSTHE EMPLOYER MUST PROVIDE PESTICIDE EXPOSURE PROTECTIONSTHE EMPLOYER MUST PROVIDE WORKPLACE SAFETY TRAINING AND HAVE PROCEDURES FOR IDENTIFYING AND CORRECTING HAZARDSTRANSPORTATION OF NINE OR MORE FARM WORKERS IN ONE VEHICLE MUST BE PROVIDED IN INSPECTED, CERTIFIED, AND INSURED FARM LABOR VEHICLESNO EMPLOYER CHARGES ARE PERMITTED FOR NECESSARY TOOLS OR EQUIPMENT, INCLUDING SAFETY ITEMSEMPLOYEES ARE ELIGIBLE TO APPLY FOR EMPLOYEE-PAID HEALTH INSURANCEH-2A EMPLOYEES ARE ELIGIBLE TO ACCRUE AND TAKE PAID SICK LEAVE, INCLUDING ADDITIONAL SICK LEAVE THAT MAY BE REQUIRED BY EMERGENCY ORDERSWORKERS COMPENSATION BENEFITS, INCLUDING DISABILITY PAY AND MEDICAL CARE MUST BE PROVIDED FOR WORK-RELATED INJURIES OR ILLNESSEMPLOYEES HAVE THE RIGHT TO COMPLAIN TO STATE AGENCIES AND TO SEEK ADVICE FROM LEGAL ASSISTANCE PROGRAMS OR COLLECTIVE BARGAINING REPRESENTATIVES REGARDING WORKING CONDITIONSEMPLOYEES MUST BE TRAINED AND PROVIDED NECESSARY LIGHTING, SPECIAL HIGH-VISIBILITY CLOTHING, AND OTHER EQUIPMENT TO ENSURE SAFE WORKING CONDITIONS FOR OUTDOOR AGRICULTURAL WORK BETWEEN DUSK AND DAWNWEEDING OR THINNING WITH SHORT-HANDLED HOES IS PROHIBITED WHEN THE HOE IS USED IN A STOOPING, KNEELING, OR SQUATTING POSITION. HAND WEEDING OR THINNING IS NOT PERMITTED EXCEPT IN VERY LIMITED CIRCUMSTANCESADDITIONAL RIGHTS AND REMEDIES The template shall plainly state that it does not describe all rights and remedies available to H-2A employees under California or federal laws for violations of housing, labor, health and safety, or other laws, and is not meant to create or limit any rights but is only a restatement of existing law.(e) The Labor Commissioner shall revise language in the template required by subdivision (c), as necessary, to do all of the following: (1) Provide, update, or expand useful agency contact information.(2) Correct inconsistencies with current laws or regulations, including, adding, deleting, or changing information because of new developments in case law pertinent to any provision referenced in the template.(3) Add any other information relating to any or all of the topic headings in the template, or revise the topic headings in the template, if the Labor Commissioner deems the additions or revisions material and necessary.(4) Add or delete information because of the enactment of new laws or regulations or because of the repeal of existing laws or regulations.
2810.6. (a) This section shall be known, and may be cited, as The California Legal Rights Disclosure Act for H-2A Farmworkers.
(b) (1) On March 15, 2023, and thereafter, every employer of California employees admitted under the federal H-2A program pursuant to Section 1188 of Title 8 of the United States Code shall, on the first day the employee begins work in California, or begins work for a new employer after being transferred by an H-2A or other employer, provide each H-2A employee with a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, also in English, that includes the information set forth in subdivision (c).
(2) Every employer shall notify every H-2A employee of any federal or state emergency or emergency disaster declaration applicable to the county or counties where the H-2A employee is to be employed and that was issued within 30 days prior to the H-2A employees first day of employment, or within seven days after any new declaration is issued applicable to those county or counties, that may affect the health and safety of an H-2A employee during the period of their employment, including, but not limited to, the declarations requirements or recommendations respecting housing, toilets, handwashing, water, working conditions, health insurance, sick leave, or workers compensation. An H-2A employer shall not retaliate against an H-2A employee for raising questions about the declarations requirements or recommendations that may relate to employment, housing, or working conditions.
(3) The employer shall comply with this subdivision beginning March 15, 2023, and thereafter by providing the employee with a copy of the template prepared by the Labor Commissioner pursuant to subdivision (c), which shall be included in the notice required by Section 2810.5 for H-2A employers.
(c) (1) The Labor Commissioner shall prepare a template, in Spanish and English, that complies with the information requirements of subdivision (d).
(2) The template shall be made available to employers in the manner determined by the Labor Commissioner, but shall be posted on the commissioners internet website beginning March 1, 2023, and thereafter.
(3) The Labor Commissioner shall combine this information, for H-2A employers, with the template currently required under Section 2810.5.
(d) Except as provided in subdivision (e), the Labor Commissioner shall include in the template required by subdivision (c) information that the Labor Commissioner deems material and necessary respecting all of the topic headings set forth below in a separate and distinct section of the template titled: Summary of Key Legal Rights of H-2A Workers under California Laws, and the Labor Commissioner shall include other explanatory information relating to any or all of the topic headings below that are deemed material and necessary:
EMPLOYERS MUST DISCLOSE TO H-2A WORKERS THE EXISTENCE OF ANY FEDERAL OR STATE EMERGENCY OR DISASTER DECLARATION THAT WAS ISSUED WITHIN 30 DAYS PRIOR TO THEIR ARRIVAL FOR WORK IN COUNTIES WHERE THEY WILL BE EMPLOYED
MANDATORY WAGE RATE(S) FOR THE ENTIRE CONTRACT PERIOD
OVERTIME WAGE RATES APPLY FOR ALL HOURS WORKED IN EXCESS OF APPLICABLE DAILY AND WEEKLY MAXIMUM HOURS, AND ON THE SEVENTH DAY OF WORK IN A WORKWEEK
H-2A EMPLOYEES MUST BE PAID AT LEAST ONCE EACH WEEK IF EMPLOYED BY A FARM LABOR CONTRACTOR OR AT LEAST TWICE EACH MONTH IF THE EMPLOYER IS NOT A FARM LABOR CONTRACTOR
PIECE RATE EMPLOYEES MUST BE PAID FOR ALL HOURS WORKED, INCLUDING DURING REST PERIODS AND NONPRODUCTIVE TIME
TEN-MINUTE REST PERIODS MUST BE PROVIDED FOR EACH FOUR HOURS WORKED
THIRTY-MINUTE DUTY-FREE MEAL PERIODS MUST BE PROVIDED FOR EACH FIVE-HOUR PERIOD WORKED
DEDUCTIONS FROM WAGES FOR CHARGES FOR MEALS NOT TAKEN ARE PROHIBITED
AN EMPLOYEES TIME SPENT WHILE BEING TRANSPORTED BY AN H-2A EMPLOYER FROM THE EMPLOYEES HOUSING TO THE EMPLOYERS WORKSITE MUST BE COMPENSATED IF THE EMPLOYEE IS REQUIRED TO USE EMPLOYER-PROVIDED TRANSPORTATION
RIGHTS OF EMPLOYEES WHO LIVE IN EMPLOYER HOUSING
AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR COMPLAINING ABOUT WORKING CONDITIONS OR FOR ORGANIZING COLLECTIVELY
H-2A EMPLOYEES MUST BE PROVIDED WITH ITEMIZED WAGE STATEMENT INFORMATION, INCLUDING ADDITIONAL INFORMATION FOR H-2A EMPLOYEES PAID BY PIECE RATE
H-2A EMPLOYEES MUST BE TRAINED TO IDENTIFY, PREVENT, AND REPORT SEXUAL HARASSMENT TO THEIR EMPLOYER AND TO STATE AND FEDERAL AGENCIES
TOILETS AND HANDWASHING FACILITIES MUST BE ACCESSIBLE, AND DRINKING WATER MUST BE PROVIDED AT ALL WORKSITES
THE EMPLOYER MUST PROVIDE SHADE AND OTHER PROTECTIONS FROM HOT WORKING CONDITIONS
THE EMPLOYER MUST PROVIDE PESTICIDE EXPOSURE PROTECTIONS
THE EMPLOYER MUST PROVIDE WORKPLACE SAFETY TRAINING AND HAVE PROCEDURES FOR IDENTIFYING AND CORRECTING HAZARDS
TRANSPORTATION OF NINE OR MORE FARM WORKERS IN ONE VEHICLE MUST BE PROVIDED IN INSPECTED, CERTIFIED, AND INSURED FARM LABOR VEHICLES
NO EMPLOYER CHARGES ARE PERMITTED FOR NECESSARY TOOLS OR EQUIPMENT, INCLUDING SAFETY ITEMS
EMPLOYEES ARE ELIGIBLE TO APPLY FOR EMPLOYEE-PAID HEALTH INSURANCE
H-2A EMPLOYEES ARE ELIGIBLE TO ACCRUE AND TAKE PAID SICK LEAVE, INCLUDING ADDITIONAL SICK LEAVE THAT MAY BE REQUIRED BY EMERGENCY ORDERS
WORKERS COMPENSATION BENEFITS, INCLUDING DISABILITY PAY AND MEDICAL CARE MUST BE PROVIDED FOR WORK-RELATED INJURIES OR ILLNESS
EMPLOYEES HAVE THE RIGHT TO COMPLAIN TO STATE AGENCIES AND TO SEEK ADVICE FROM LEGAL ASSISTANCE PROGRAMS OR COLLECTIVE BARGAINING REPRESENTATIVES REGARDING WORKING CONDITIONS
EMPLOYEES MUST BE TRAINED AND PROVIDED NECESSARY LIGHTING, SPECIAL HIGH-VISIBILITY CLOTHING, AND OTHER EQUIPMENT TO ENSURE SAFE WORKING CONDITIONS FOR OUTDOOR AGRICULTURAL WORK BETWEEN DUSK AND DAWN
WEEDING OR THINNING WITH SHORT-HANDLED HOES IS PROHIBITED WHEN THE HOE IS USED IN A STOOPING, KNEELING, OR SQUATTING POSITION. HAND WEEDING OR THINNING IS NOT PERMITTED EXCEPT IN VERY LIMITED CIRCUMSTANCES
ADDITIONAL RIGHTS AND REMEDIES
The template shall plainly state that it does not describe all rights and remedies available to H-2A employees under California or federal laws for violations of housing, labor, health and safety, or other laws, and is not meant to create or limit any rights but is only a restatement of existing law.
(e) The Labor Commissioner shall revise language in the template required by subdivision (c), as necessary, to do all of the following:
(1) Provide, update, or expand useful agency contact information.
(2) Correct inconsistencies with current laws or regulations, including, adding, deleting, or changing information because of new developments in case law pertinent to any provision referenced in the template.
(3) Add any other information relating to any or all of the topic headings in the template, or revise the topic headings in the template, if the Labor Commissioner deems the additions or revisions material and necessary.
(4) Add or delete information because of the enactment of new laws or regulations or because of the repeal of existing laws or regulations.