If enacted, AB 1362 would modify the Business and Professions Code to require farm labor contractors operating under H-2A visas to register with the Department of Industrial Relations by July 1, 2027. This would solidify protections against illegal recruitment practices and establish a comprehensive system to ensure that contractors adhere to ethical employment standards. The measure responds to evidenced concerns about exploitation in the labor market, particularly relating to recruitment fees and misleading conditions faced by foreign workers seeking lawful employment.
Summary
Assembly Bill 1362, introduced by Assembly Member Kalra, aims to expand the registration and regulation framework for foreign labor contractors in California. The bill seeks to include agricultural workers under the federal H-2A visa program within the existing regulatory provisions that currently apply only to non-agricultural workers. This move is intended to improve oversight and protection for a growing number of foreign laborers who enter the state for agricultural jobs, reflecting an increase in temporary worker numbers due to the rising demand for labor in the agricultural sector.
Sentiment
The sentiment surrounding AB 1362 is largely supportive among labor rights advocates who argue that it addresses substantial gaps in the protection of foreign workers, especially given the documented instances of human trafficking associated with the recruitment of H-2A visa holders. However, some opposition could arise from entities concerned about increased regulatory burdens on agricultural businesses, with worries that strict enforcement could stifle hiring practices and burden smaller farms.
Contention
One notable point of contention revolves around the comprehensive nature of regulation proposed by AB 1362, which aims to rectify the shortcomings of prior legislation, particularly Senate Bill 477, which inadvertently left many workers unprotected. The transition to include H-2A visas under the existing regulations may face scrutiny from various stakeholders regarding the costs and logistics of compliance. Additionally, the bill stipulates that no state reimbursement is required for local agencies, which could be seen as offloading responsibilities onto municipalities.