Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 845Introduced by Assembly Member ArambulaFebruary 19, 2025 An act to add Chapter 18 (commencing with Section 8899.100) to Division 1 of Title 2 of the Government Code, relating to occupational safety and health. state government.LEGISLATIVE COUNSEL'S DIGESTAB 845, as amended, Arambula. Employment: heat illness prevention. Office of the State Farmworker Ombudsperson.Existing law establishes various offices within the office of the Governor, including the Office of Emergency Services, and various state agencies, as defined, within the executive branch of state government, including the California Department of Aging within the California Health and Human Services Agency. Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities and residential care facilities by, among other things, investigating and seeking to resolve complaints against these facilities.This bill would establish the Office of the State Farmworker Ombudsperson (office), under the director of the State Farmworker Ombudsperson, in the Office of Emergency Services, to be responsible for activities that promote the development, coordination, and utilization of resources to meet the needs of farmworkers, as specified. The bill would require the State Farmworker Ombudsperson, to have training and experience, in specified areas, including cultural and linguistic competence in matters relating to the agricultural workforce. The bill would require the Attorney General, upon request of the office, to represent the office or the Office of Emergency Services and the state in litigation, as specified. The bill would authorize the office to solicit and receive funds, gifts, and contributions to support the operations and programs of the office. The bill would require the office to deposit the above-described funds into the State Farmworker Ombudsperson Program Account, as specified, and would require revenues in the account, upon appropriation, to be used for the purpose of supporting the operations and programs of the office. The bill would require all communications by a representative of the office, as specified, to be privileged, as provided. The bill would require the office to establish a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in the agricultural workforce, as described, and to, among other things, submit the data to the Assembly Committee on Labor and Employment on July 1, 2026, and annually thereafter. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Existing law establishes the Division of Occupational Safety and Health within the Department of Industrial Relations and sets forth its powers and duties, including jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards.Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain safety and health standards, including the Maria Isabel Vasquez Jimenez heat illness standard, as specified, and charges the division with enforcement of those provisions. Existing law requires the division to submit to the Occupational Safety and Health Standards Board a rulemaking proposal to consider revising, among other things, the Maria Isabel Vasquez Jimenez heat illness standard, as specified. Under existing law, certain knowing, negligent, or willful violations of safety and health standards are punishable as misdemeanors.This bill would declare the intent of the Legislature to enact legislation that would ensure that workers know their rights and are prepared to protect themselves during extreme heat-related events.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 18 (commencing with Section 8899.100) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 18. State Farmworker Ombudsperson8899.100. (a) The Legislature recognizes the establishment of the Farmworker Ombudsperson Program under the Office of Emergency Services.(b) The Legislature declares that it is the public policy of this state to provide adequate protections for farmworkers through the use of culturally and linguistically competent navigation via community health workers, and nothing in this chapter shall be construed as limiting or restricting the continuation of relationships established between ombudspersons, farmworkers, and the operators of these farms. (c) The Legislature finds that in order to effectively assist farmworkers in the assertion of their civil and human rights, the structure, powers, and duties of the Farmworker Ombudsperson Program must be specifically defined. 8899.101. Unless the contrary is stated or clearly appears from the context, all of the following definitions shall govern the interpretation of this chapter: (a) Approved organization means any public agency or other appropriate organization that has been designated by the Office of Emergency Services to hear, investigate, and resolve complaints made by or on behalf of farmworkers relating to matters that may affect the health, safety, welfare, and rights of farmworkers.(b) Director means the Director of Emergency Services.(c) Farmworker means agricultural employee as defined in subdivision (b) of Section 1140.4 of the Labor Code.(d) Office means the Office of the State Farmworker Ombudsperson, including approved organizations. (e) Ombudsperson coordinator means the individual selected by the governing board or executive director of the approved organization to manage the day-to-day operation of the ombudsperson program, including the implementation of federal and state requirements governing the office.(f) State Ombudsperson means the State Farmworker Ombudsperson. 8899.102. There is within the Office of Emergency Services, the Office of the State Farmworker Ombudsperson.8899.103. (a) (1) The office shall be under the direction of a chief executive officer who shall be known as the State Farmworker Ombudsperson.(2) The State Ombudsperson shall be appointed by the director and shall report directly to the director.(3) The State Ombudsperson shall devote their entire time to the duties of their position and shall receive the salary otherwise provided by law.(b) (1) Any vacancy occurring in the position of the State Ombudsperson shall be filled in the same manner as the original appointment.(2) (A) Whenever the State Ombudsperson dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the director shall appoint an acting State Ombudsman within 30 days, who shall serve until the appointment and qualification of the State Ombudspersons successor, but in no event longer than four months from the occurrence of the vacancy. (B) The acting State Ombudsperson shall exercise during this period all the powers and duties of the State Ombudsman pursuant to this chapter.8899.104. (a) The State Ombudsperson shall have training and experience in all of the following areas:(1) Cultural and linguistic competence in matters relating to the agricultural workforce. (2) The legal system.(3) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.(b) Neither the State Ombudsperson nor any member of their immediate family shall have, or have had within the past three years, any pecuniary interest in farm operations. 8899.105. (a) Upon request of the office, the Attorney General shall represent the office or the Office of Emergency Services and the state in litigation concerning affairs of the office, unless the Attorney General represents another state agency, in which case the agency or the office shall be authorized to employ other counsel. (b) The State Ombudsperson may employ technical experts and other employees that, in their judgment, are necessary for the conduct of the business of the office.8899.106. (a) The office may solicit and receive funds, gifts, and contributions to support the operations and programs of the office.(b) The office may form a foundation eligible to receive tax-deductible contributions to support the operations and programs of the office. (c) The office shall not solicit or receive any funds, gifts, or contributions where the solicitation or receipt would jeopardize the independence and objectivity of the office. (d) (1) The office shall deposit funds received pursuant to this section into the State Farmworker Ombudsperson Program Account that is hereby created in the Special Deposit Fund in the State Treasury pursuant to Section 16370.(2) Revenues in the account shall, upon appropriation, be used for the purpose of supporting the operations and programs of the office.8899.107. (a) No representative of the office shall be held liable for good faith performance of responsibilities under this chapter. (b) (1) No discriminatory, disciplinary, or retaliatory action shall be taken against any farmworker or any volunteer, for any communication made, or information given or disclosed, to aid the office in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith. (2) This subdivision is not intended to infringe on the rights of the employer to supervise, discipline, or terminate a farmworker for other reasons. (c) All communications by a representative of the office, if reasonably related to the requirements of that individuals responsibilities under this chapter and done in good faith, shall be privileged, and that privilege shall serve as a defense to any action in libel or slander. (d) Any representative of the office shall be exempt from being required to testify in court as to any confidential matters, except as the court may deem necessary to enforce the provisions of this chapter. 8899.108. (a) The office shall be responsible for activities that promote the development, coordination, and utilization of resources that meet the needs of farmworkers, consistent with its mission.(b) The responsibilities of the office shall include establishing a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in the agricultural workforce for the purpose of identifying and resolving significant problems. (c) On July 1, 2026, and annually thereafter, the office shall submit the data to the Assembly Committee on Labor and Employment and post the data on its internet website.8899.109. (a) All advocacy programs and any programs similar in nature to the Farmworker Ombudsman Program that receive funding or official designation from the state shall cooperate with the office, where appropriate. (b) The programs described in this section include, but are not limited to, programs within the Division of Occupational Safety and Health and the Agricultural Labor Relations Board.SEC. 2. The Legislature finds and declares that this act imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:(a) Agricultural workers that report workplace concerns are at risk of employer retaliation. In this context, retaliation can result in job loss and immigration consequences due to lack of documentation.(b) Agricultural workers belong to groups that have historically had difficulties navigating the legal system and advocating for appropriate working conditions.(c) Agricultural workers have limited social mobility, with an average of a ninth grade education level and only about 10 percent of workers having completed high school. This creates an increased reliance on jobs within the agricultural sector.SECTION 1.It is the intent of the Legislature to enact legislation that would ensure that workers know their rights and are prepared to protect themselves during extreme heat-related events.
Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 845Introduced by Assembly Member ArambulaFebruary 19, 2025 An act to add Chapter 18 (commencing with Section 8899.100) to Division 1 of Title 2 of the Government Code, relating to occupational safety and health. state government.LEGISLATIVE COUNSEL'S DIGESTAB 845, as amended, Arambula. Employment: heat illness prevention. Office of the State Farmworker Ombudsperson.Existing law establishes various offices within the office of the Governor, including the Office of Emergency Services, and various state agencies, as defined, within the executive branch of state government, including the California Department of Aging within the California Health and Human Services Agency. Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities and residential care facilities by, among other things, investigating and seeking to resolve complaints against these facilities.This bill would establish the Office of the State Farmworker Ombudsperson (office), under the director of the State Farmworker Ombudsperson, in the Office of Emergency Services, to be responsible for activities that promote the development, coordination, and utilization of resources to meet the needs of farmworkers, as specified. The bill would require the State Farmworker Ombudsperson, to have training and experience, in specified areas, including cultural and linguistic competence in matters relating to the agricultural workforce. The bill would require the Attorney General, upon request of the office, to represent the office or the Office of Emergency Services and the state in litigation, as specified. The bill would authorize the office to solicit and receive funds, gifts, and contributions to support the operations and programs of the office. The bill would require the office to deposit the above-described funds into the State Farmworker Ombudsperson Program Account, as specified, and would require revenues in the account, upon appropriation, to be used for the purpose of supporting the operations and programs of the office. The bill would require all communications by a representative of the office, as specified, to be privileged, as provided. The bill would require the office to establish a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in the agricultural workforce, as described, and to, among other things, submit the data to the Assembly Committee on Labor and Employment on July 1, 2026, and annually thereafter. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Existing law establishes the Division of Occupational Safety and Health within the Department of Industrial Relations and sets forth its powers and duties, including jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards.Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain safety and health standards, including the Maria Isabel Vasquez Jimenez heat illness standard, as specified, and charges the division with enforcement of those provisions. Existing law requires the division to submit to the Occupational Safety and Health Standards Board a rulemaking proposal to consider revising, among other things, the Maria Isabel Vasquez Jimenez heat illness standard, as specified. Under existing law, certain knowing, negligent, or willful violations of safety and health standards are punishable as misdemeanors.This bill would declare the intent of the Legislature to enact legislation that would ensure that workers know their rights and are prepared to protect themselves during extreme heat-related events.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 28, 2025
Amended IN Assembly March 28, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 845
Introduced by Assembly Member ArambulaFebruary 19, 2025
Introduced by Assembly Member Arambula
February 19, 2025
An act to add Chapter 18 (commencing with Section 8899.100) to Division 1 of Title 2 of the Government Code, relating to occupational safety and health. state government.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 845, as amended, Arambula. Employment: heat illness prevention. Office of the State Farmworker Ombudsperson.
Existing law establishes various offices within the office of the Governor, including the Office of Emergency Services, and various state agencies, as defined, within the executive branch of state government, including the California Department of Aging within the California Health and Human Services Agency. Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities and residential care facilities by, among other things, investigating and seeking to resolve complaints against these facilities.This bill would establish the Office of the State Farmworker Ombudsperson (office), under the director of the State Farmworker Ombudsperson, in the Office of Emergency Services, to be responsible for activities that promote the development, coordination, and utilization of resources to meet the needs of farmworkers, as specified. The bill would require the State Farmworker Ombudsperson, to have training and experience, in specified areas, including cultural and linguistic competence in matters relating to the agricultural workforce. The bill would require the Attorney General, upon request of the office, to represent the office or the Office of Emergency Services and the state in litigation, as specified. The bill would authorize the office to solicit and receive funds, gifts, and contributions to support the operations and programs of the office. The bill would require the office to deposit the above-described funds into the State Farmworker Ombudsperson Program Account, as specified, and would require revenues in the account, upon appropriation, to be used for the purpose of supporting the operations and programs of the office. The bill would require all communications by a representative of the office, as specified, to be privileged, as provided. The bill would require the office to establish a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in the agricultural workforce, as described, and to, among other things, submit the data to the Assembly Committee on Labor and Employment on July 1, 2026, and annually thereafter. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Existing law establishes the Division of Occupational Safety and Health within the Department of Industrial Relations and sets forth its powers and duties, including jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards.Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain safety and health standards, including the Maria Isabel Vasquez Jimenez heat illness standard, as specified, and charges the division with enforcement of those provisions. Existing law requires the division to submit to the Occupational Safety and Health Standards Board a rulemaking proposal to consider revising, among other things, the Maria Isabel Vasquez Jimenez heat illness standard, as specified. Under existing law, certain knowing, negligent, or willful violations of safety and health standards are punishable as misdemeanors.This bill would declare the intent of the Legislature to enact legislation that would ensure that workers know their rights and are prepared to protect themselves during extreme heat-related events.
Existing law establishes various offices within the office of the Governor, including the Office of Emergency Services, and various state agencies, as defined, within the executive branch of state government, including the California Department of Aging within the California Health and Human Services Agency. Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities and residential care facilities by, among other things, investigating and seeking to resolve complaints against these facilities.
This bill would establish the Office of the State Farmworker Ombudsperson (office), under the director of the State Farmworker Ombudsperson, in the Office of Emergency Services, to be responsible for activities that promote the development, coordination, and utilization of resources to meet the needs of farmworkers, as specified. The bill would require the State Farmworker Ombudsperson, to have training and experience, in specified areas, including cultural and linguistic competence in matters relating to the agricultural workforce. The bill would require the Attorney General, upon request of the office, to represent the office or the Office of Emergency Services and the state in litigation, as specified. The bill would authorize the office to solicit and receive funds, gifts, and contributions to support the operations and programs of the office. The bill would require the office to deposit the above-described funds into the State Farmworker Ombudsperson Program Account, as specified, and would require revenues in the account, upon appropriation, to be used for the purpose of supporting the operations and programs of the office. The bill would require all communications by a representative of the office, as specified, to be privileged, as provided. The bill would require the office to establish a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in the agricultural workforce, as described, and to, among other things, submit the data to the Assembly Committee on Labor and Employment on July 1, 2026, and annually thereafter.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law establishes the Division of Occupational Safety and Health within the Department of Industrial Relations and sets forth its powers and duties, including jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards.
Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain safety and health standards, including the Maria Isabel Vasquez Jimenez heat illness standard, as specified, and charges the division with enforcement of those provisions. Existing law requires the division to submit to the Occupational Safety and Health Standards Board a rulemaking proposal to consider revising, among other things, the Maria Isabel Vasquez Jimenez heat illness standard, as specified. Under existing law, certain knowing, negligent, or willful violations of safety and health standards are punishable as misdemeanors.
This bill would declare the intent of the Legislature to enact legislation that would ensure that workers know their rights and are prepared to protect themselves during extreme heat-related events.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 18 (commencing with Section 8899.100) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 18. State Farmworker Ombudsperson8899.100. (a) The Legislature recognizes the establishment of the Farmworker Ombudsperson Program under the Office of Emergency Services.(b) The Legislature declares that it is the public policy of this state to provide adequate protections for farmworkers through the use of culturally and linguistically competent navigation via community health workers, and nothing in this chapter shall be construed as limiting or restricting the continuation of relationships established between ombudspersons, farmworkers, and the operators of these farms. (c) The Legislature finds that in order to effectively assist farmworkers in the assertion of their civil and human rights, the structure, powers, and duties of the Farmworker Ombudsperson Program must be specifically defined. 8899.101. Unless the contrary is stated or clearly appears from the context, all of the following definitions shall govern the interpretation of this chapter: (a) Approved organization means any public agency or other appropriate organization that has been designated by the Office of Emergency Services to hear, investigate, and resolve complaints made by or on behalf of farmworkers relating to matters that may affect the health, safety, welfare, and rights of farmworkers.(b) Director means the Director of Emergency Services.(c) Farmworker means agricultural employee as defined in subdivision (b) of Section 1140.4 of the Labor Code.(d) Office means the Office of the State Farmworker Ombudsperson, including approved organizations. (e) Ombudsperson coordinator means the individual selected by the governing board or executive director of the approved organization to manage the day-to-day operation of the ombudsperson program, including the implementation of federal and state requirements governing the office.(f) State Ombudsperson means the State Farmworker Ombudsperson. 8899.102. There is within the Office of Emergency Services, the Office of the State Farmworker Ombudsperson.8899.103. (a) (1) The office shall be under the direction of a chief executive officer who shall be known as the State Farmworker Ombudsperson.(2) The State Ombudsperson shall be appointed by the director and shall report directly to the director.(3) The State Ombudsperson shall devote their entire time to the duties of their position and shall receive the salary otherwise provided by law.(b) (1) Any vacancy occurring in the position of the State Ombudsperson shall be filled in the same manner as the original appointment.(2) (A) Whenever the State Ombudsperson dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the director shall appoint an acting State Ombudsman within 30 days, who shall serve until the appointment and qualification of the State Ombudspersons successor, but in no event longer than four months from the occurrence of the vacancy. (B) The acting State Ombudsperson shall exercise during this period all the powers and duties of the State Ombudsman pursuant to this chapter.8899.104. (a) The State Ombudsperson shall have training and experience in all of the following areas:(1) Cultural and linguistic competence in matters relating to the agricultural workforce. (2) The legal system.(3) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.(b) Neither the State Ombudsperson nor any member of their immediate family shall have, or have had within the past three years, any pecuniary interest in farm operations. 8899.105. (a) Upon request of the office, the Attorney General shall represent the office or the Office of Emergency Services and the state in litigation concerning affairs of the office, unless the Attorney General represents another state agency, in which case the agency or the office shall be authorized to employ other counsel. (b) The State Ombudsperson may employ technical experts and other employees that, in their judgment, are necessary for the conduct of the business of the office.8899.106. (a) The office may solicit and receive funds, gifts, and contributions to support the operations and programs of the office.(b) The office may form a foundation eligible to receive tax-deductible contributions to support the operations and programs of the office. (c) The office shall not solicit or receive any funds, gifts, or contributions where the solicitation or receipt would jeopardize the independence and objectivity of the office. (d) (1) The office shall deposit funds received pursuant to this section into the State Farmworker Ombudsperson Program Account that is hereby created in the Special Deposit Fund in the State Treasury pursuant to Section 16370.(2) Revenues in the account shall, upon appropriation, be used for the purpose of supporting the operations and programs of the office.8899.107. (a) No representative of the office shall be held liable for good faith performance of responsibilities under this chapter. (b) (1) No discriminatory, disciplinary, or retaliatory action shall be taken against any farmworker or any volunteer, for any communication made, or information given or disclosed, to aid the office in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith. (2) This subdivision is not intended to infringe on the rights of the employer to supervise, discipline, or terminate a farmworker for other reasons. (c) All communications by a representative of the office, if reasonably related to the requirements of that individuals responsibilities under this chapter and done in good faith, shall be privileged, and that privilege shall serve as a defense to any action in libel or slander. (d) Any representative of the office shall be exempt from being required to testify in court as to any confidential matters, except as the court may deem necessary to enforce the provisions of this chapter. 8899.108. (a) The office shall be responsible for activities that promote the development, coordination, and utilization of resources that meet the needs of farmworkers, consistent with its mission.(b) The responsibilities of the office shall include establishing a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in the agricultural workforce for the purpose of identifying and resolving significant problems. (c) On July 1, 2026, and annually thereafter, the office shall submit the data to the Assembly Committee on Labor and Employment and post the data on its internet website.8899.109. (a) All advocacy programs and any programs similar in nature to the Farmworker Ombudsman Program that receive funding or official designation from the state shall cooperate with the office, where appropriate. (b) The programs described in this section include, but are not limited to, programs within the Division of Occupational Safety and Health and the Agricultural Labor Relations Board.SEC. 2. The Legislature finds and declares that this act imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:(a) Agricultural workers that report workplace concerns are at risk of employer retaliation. In this context, retaliation can result in job loss and immigration consequences due to lack of documentation.(b) Agricultural workers belong to groups that have historically had difficulties navigating the legal system and advocating for appropriate working conditions.(c) Agricultural workers have limited social mobility, with an average of a ninth grade education level and only about 10 percent of workers having completed high school. This creates an increased reliance on jobs within the agricultural sector.SECTION 1.It is the intent of the Legislature to enact legislation that would ensure that workers know their rights and are prepared to protect themselves during extreme heat-related events.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 18 (commencing with Section 8899.100) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 18. State Farmworker Ombudsperson8899.100. (a) The Legislature recognizes the establishment of the Farmworker Ombudsperson Program under the Office of Emergency Services.(b) The Legislature declares that it is the public policy of this state to provide adequate protections for farmworkers through the use of culturally and linguistically competent navigation via community health workers, and nothing in this chapter shall be construed as limiting or restricting the continuation of relationships established between ombudspersons, farmworkers, and the operators of these farms. (c) The Legislature finds that in order to effectively assist farmworkers in the assertion of their civil and human rights, the structure, powers, and duties of the Farmworker Ombudsperson Program must be specifically defined. 8899.101. Unless the contrary is stated or clearly appears from the context, all of the following definitions shall govern the interpretation of this chapter: (a) Approved organization means any public agency or other appropriate organization that has been designated by the Office of Emergency Services to hear, investigate, and resolve complaints made by or on behalf of farmworkers relating to matters that may affect the health, safety, welfare, and rights of farmworkers.(b) Director means the Director of Emergency Services.(c) Farmworker means agricultural employee as defined in subdivision (b) of Section 1140.4 of the Labor Code.(d) Office means the Office of the State Farmworker Ombudsperson, including approved organizations. (e) Ombudsperson coordinator means the individual selected by the governing board or executive director of the approved organization to manage the day-to-day operation of the ombudsperson program, including the implementation of federal and state requirements governing the office.(f) State Ombudsperson means the State Farmworker Ombudsperson. 8899.102. There is within the Office of Emergency Services, the Office of the State Farmworker Ombudsperson.8899.103. (a) (1) The office shall be under the direction of a chief executive officer who shall be known as the State Farmworker Ombudsperson.(2) The State Ombudsperson shall be appointed by the director and shall report directly to the director.(3) The State Ombudsperson shall devote their entire time to the duties of their position and shall receive the salary otherwise provided by law.(b) (1) Any vacancy occurring in the position of the State Ombudsperson shall be filled in the same manner as the original appointment.(2) (A) Whenever the State Ombudsperson dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the director shall appoint an acting State Ombudsman within 30 days, who shall serve until the appointment and qualification of the State Ombudspersons successor, but in no event longer than four months from the occurrence of the vacancy. (B) The acting State Ombudsperson shall exercise during this period all the powers and duties of the State Ombudsman pursuant to this chapter.8899.104. (a) The State Ombudsperson shall have training and experience in all of the following areas:(1) Cultural and linguistic competence in matters relating to the agricultural workforce. (2) The legal system.(3) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.(b) Neither the State Ombudsperson nor any member of their immediate family shall have, or have had within the past three years, any pecuniary interest in farm operations. 8899.105. (a) Upon request of the office, the Attorney General shall represent the office or the Office of Emergency Services and the state in litigation concerning affairs of the office, unless the Attorney General represents another state agency, in which case the agency or the office shall be authorized to employ other counsel. (b) The State Ombudsperson may employ technical experts and other employees that, in their judgment, are necessary for the conduct of the business of the office.8899.106. (a) The office may solicit and receive funds, gifts, and contributions to support the operations and programs of the office.(b) The office may form a foundation eligible to receive tax-deductible contributions to support the operations and programs of the office. (c) The office shall not solicit or receive any funds, gifts, or contributions where the solicitation or receipt would jeopardize the independence and objectivity of the office. (d) (1) The office shall deposit funds received pursuant to this section into the State Farmworker Ombudsperson Program Account that is hereby created in the Special Deposit Fund in the State Treasury pursuant to Section 16370.(2) Revenues in the account shall, upon appropriation, be used for the purpose of supporting the operations and programs of the office.8899.107. (a) No representative of the office shall be held liable for good faith performance of responsibilities under this chapter. (b) (1) No discriminatory, disciplinary, or retaliatory action shall be taken against any farmworker or any volunteer, for any communication made, or information given or disclosed, to aid the office in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith. (2) This subdivision is not intended to infringe on the rights of the employer to supervise, discipline, or terminate a farmworker for other reasons. (c) All communications by a representative of the office, if reasonably related to the requirements of that individuals responsibilities under this chapter and done in good faith, shall be privileged, and that privilege shall serve as a defense to any action in libel or slander. (d) Any representative of the office shall be exempt from being required to testify in court as to any confidential matters, except as the court may deem necessary to enforce the provisions of this chapter. 8899.108. (a) The office shall be responsible for activities that promote the development, coordination, and utilization of resources that meet the needs of farmworkers, consistent with its mission.(b) The responsibilities of the office shall include establishing a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in the agricultural workforce for the purpose of identifying and resolving significant problems. (c) On July 1, 2026, and annually thereafter, the office shall submit the data to the Assembly Committee on Labor and Employment and post the data on its internet website.8899.109. (a) All advocacy programs and any programs similar in nature to the Farmworker Ombudsman Program that receive funding or official designation from the state shall cooperate with the office, where appropriate. (b) The programs described in this section include, but are not limited to, programs within the Division of Occupational Safety and Health and the Agricultural Labor Relations Board.
SECTION 1. Chapter 18 (commencing with Section 8899.100) is added to Division 1 of Title 2 of the Government Code, to read:
### SECTION 1.
CHAPTER 18. State Farmworker Ombudsperson8899.100. (a) The Legislature recognizes the establishment of the Farmworker Ombudsperson Program under the Office of Emergency Services.(b) The Legislature declares that it is the public policy of this state to provide adequate protections for farmworkers through the use of culturally and linguistically competent navigation via community health workers, and nothing in this chapter shall be construed as limiting or restricting the continuation of relationships established between ombudspersons, farmworkers, and the operators of these farms. (c) The Legislature finds that in order to effectively assist farmworkers in the assertion of their civil and human rights, the structure, powers, and duties of the Farmworker Ombudsperson Program must be specifically defined. 8899.101. Unless the contrary is stated or clearly appears from the context, all of the following definitions shall govern the interpretation of this chapter: (a) Approved organization means any public agency or other appropriate organization that has been designated by the Office of Emergency Services to hear, investigate, and resolve complaints made by or on behalf of farmworkers relating to matters that may affect the health, safety, welfare, and rights of farmworkers.(b) Director means the Director of Emergency Services.(c) Farmworker means agricultural employee as defined in subdivision (b) of Section 1140.4 of the Labor Code.(d) Office means the Office of the State Farmworker Ombudsperson, including approved organizations. (e) Ombudsperson coordinator means the individual selected by the governing board or executive director of the approved organization to manage the day-to-day operation of the ombudsperson program, including the implementation of federal and state requirements governing the office.(f) State Ombudsperson means the State Farmworker Ombudsperson. 8899.102. There is within the Office of Emergency Services, the Office of the State Farmworker Ombudsperson.8899.103. (a) (1) The office shall be under the direction of a chief executive officer who shall be known as the State Farmworker Ombudsperson.(2) The State Ombudsperson shall be appointed by the director and shall report directly to the director.(3) The State Ombudsperson shall devote their entire time to the duties of their position and shall receive the salary otherwise provided by law.(b) (1) Any vacancy occurring in the position of the State Ombudsperson shall be filled in the same manner as the original appointment.(2) (A) Whenever the State Ombudsperson dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the director shall appoint an acting State Ombudsman within 30 days, who shall serve until the appointment and qualification of the State Ombudspersons successor, but in no event longer than four months from the occurrence of the vacancy. (B) The acting State Ombudsperson shall exercise during this period all the powers and duties of the State Ombudsman pursuant to this chapter.8899.104. (a) The State Ombudsperson shall have training and experience in all of the following areas:(1) Cultural and linguistic competence in matters relating to the agricultural workforce. (2) The legal system.(3) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.(b) Neither the State Ombudsperson nor any member of their immediate family shall have, or have had within the past three years, any pecuniary interest in farm operations. 8899.105. (a) Upon request of the office, the Attorney General shall represent the office or the Office of Emergency Services and the state in litigation concerning affairs of the office, unless the Attorney General represents another state agency, in which case the agency or the office shall be authorized to employ other counsel. (b) The State Ombudsperson may employ technical experts and other employees that, in their judgment, are necessary for the conduct of the business of the office.8899.106. (a) The office may solicit and receive funds, gifts, and contributions to support the operations and programs of the office.(b) The office may form a foundation eligible to receive tax-deductible contributions to support the operations and programs of the office. (c) The office shall not solicit or receive any funds, gifts, or contributions where the solicitation or receipt would jeopardize the independence and objectivity of the office. (d) (1) The office shall deposit funds received pursuant to this section into the State Farmworker Ombudsperson Program Account that is hereby created in the Special Deposit Fund in the State Treasury pursuant to Section 16370.(2) Revenues in the account shall, upon appropriation, be used for the purpose of supporting the operations and programs of the office.8899.107. (a) No representative of the office shall be held liable for good faith performance of responsibilities under this chapter. (b) (1) No discriminatory, disciplinary, or retaliatory action shall be taken against any farmworker or any volunteer, for any communication made, or information given or disclosed, to aid the office in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith. (2) This subdivision is not intended to infringe on the rights of the employer to supervise, discipline, or terminate a farmworker for other reasons. (c) All communications by a representative of the office, if reasonably related to the requirements of that individuals responsibilities under this chapter and done in good faith, shall be privileged, and that privilege shall serve as a defense to any action in libel or slander. (d) Any representative of the office shall be exempt from being required to testify in court as to any confidential matters, except as the court may deem necessary to enforce the provisions of this chapter. 8899.108. (a) The office shall be responsible for activities that promote the development, coordination, and utilization of resources that meet the needs of farmworkers, consistent with its mission.(b) The responsibilities of the office shall include establishing a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in the agricultural workforce for the purpose of identifying and resolving significant problems. (c) On July 1, 2026, and annually thereafter, the office shall submit the data to the Assembly Committee on Labor and Employment and post the data on its internet website.8899.109. (a) All advocacy programs and any programs similar in nature to the Farmworker Ombudsman Program that receive funding or official designation from the state shall cooperate with the office, where appropriate. (b) The programs described in this section include, but are not limited to, programs within the Division of Occupational Safety and Health and the Agricultural Labor Relations Board.
CHAPTER 18. State Farmworker Ombudsperson8899.100. (a) The Legislature recognizes the establishment of the Farmworker Ombudsperson Program under the Office of Emergency Services.(b) The Legislature declares that it is the public policy of this state to provide adequate protections for farmworkers through the use of culturally and linguistically competent navigation via community health workers, and nothing in this chapter shall be construed as limiting or restricting the continuation of relationships established between ombudspersons, farmworkers, and the operators of these farms. (c) The Legislature finds that in order to effectively assist farmworkers in the assertion of their civil and human rights, the structure, powers, and duties of the Farmworker Ombudsperson Program must be specifically defined. 8899.101. Unless the contrary is stated or clearly appears from the context, all of the following definitions shall govern the interpretation of this chapter: (a) Approved organization means any public agency or other appropriate organization that has been designated by the Office of Emergency Services to hear, investigate, and resolve complaints made by or on behalf of farmworkers relating to matters that may affect the health, safety, welfare, and rights of farmworkers.(b) Director means the Director of Emergency Services.(c) Farmworker means agricultural employee as defined in subdivision (b) of Section 1140.4 of the Labor Code.(d) Office means the Office of the State Farmworker Ombudsperson, including approved organizations. (e) Ombudsperson coordinator means the individual selected by the governing board or executive director of the approved organization to manage the day-to-day operation of the ombudsperson program, including the implementation of federal and state requirements governing the office.(f) State Ombudsperson means the State Farmworker Ombudsperson. 8899.102. There is within the Office of Emergency Services, the Office of the State Farmworker Ombudsperson.8899.103. (a) (1) The office shall be under the direction of a chief executive officer who shall be known as the State Farmworker Ombudsperson.(2) The State Ombudsperson shall be appointed by the director and shall report directly to the director.(3) The State Ombudsperson shall devote their entire time to the duties of their position and shall receive the salary otherwise provided by law.(b) (1) Any vacancy occurring in the position of the State Ombudsperson shall be filled in the same manner as the original appointment.(2) (A) Whenever the State Ombudsperson dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the director shall appoint an acting State Ombudsman within 30 days, who shall serve until the appointment and qualification of the State Ombudspersons successor, but in no event longer than four months from the occurrence of the vacancy. (B) The acting State Ombudsperson shall exercise during this period all the powers and duties of the State Ombudsman pursuant to this chapter.8899.104. (a) The State Ombudsperson shall have training and experience in all of the following areas:(1) Cultural and linguistic competence in matters relating to the agricultural workforce. (2) The legal system.(3) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.(b) Neither the State Ombudsperson nor any member of their immediate family shall have, or have had within the past three years, any pecuniary interest in farm operations. 8899.105. (a) Upon request of the office, the Attorney General shall represent the office or the Office of Emergency Services and the state in litigation concerning affairs of the office, unless the Attorney General represents another state agency, in which case the agency or the office shall be authorized to employ other counsel. (b) The State Ombudsperson may employ technical experts and other employees that, in their judgment, are necessary for the conduct of the business of the office.8899.106. (a) The office may solicit and receive funds, gifts, and contributions to support the operations and programs of the office.(b) The office may form a foundation eligible to receive tax-deductible contributions to support the operations and programs of the office. (c) The office shall not solicit or receive any funds, gifts, or contributions where the solicitation or receipt would jeopardize the independence and objectivity of the office. (d) (1) The office shall deposit funds received pursuant to this section into the State Farmworker Ombudsperson Program Account that is hereby created in the Special Deposit Fund in the State Treasury pursuant to Section 16370.(2) Revenues in the account shall, upon appropriation, be used for the purpose of supporting the operations and programs of the office.8899.107. (a) No representative of the office shall be held liable for good faith performance of responsibilities under this chapter. (b) (1) No discriminatory, disciplinary, or retaliatory action shall be taken against any farmworker or any volunteer, for any communication made, or information given or disclosed, to aid the office in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith. (2) This subdivision is not intended to infringe on the rights of the employer to supervise, discipline, or terminate a farmworker for other reasons. (c) All communications by a representative of the office, if reasonably related to the requirements of that individuals responsibilities under this chapter and done in good faith, shall be privileged, and that privilege shall serve as a defense to any action in libel or slander. (d) Any representative of the office shall be exempt from being required to testify in court as to any confidential matters, except as the court may deem necessary to enforce the provisions of this chapter. 8899.108. (a) The office shall be responsible for activities that promote the development, coordination, and utilization of resources that meet the needs of farmworkers, consistent with its mission.(b) The responsibilities of the office shall include establishing a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in the agricultural workforce for the purpose of identifying and resolving significant problems. (c) On July 1, 2026, and annually thereafter, the office shall submit the data to the Assembly Committee on Labor and Employment and post the data on its internet website.8899.109. (a) All advocacy programs and any programs similar in nature to the Farmworker Ombudsman Program that receive funding or official designation from the state shall cooperate with the office, where appropriate. (b) The programs described in this section include, but are not limited to, programs within the Division of Occupational Safety and Health and the Agricultural Labor Relations Board.
CHAPTER 18. State Farmworker Ombudsperson
CHAPTER 18. State Farmworker Ombudsperson
8899.100. (a) The Legislature recognizes the establishment of the Farmworker Ombudsperson Program under the Office of Emergency Services.(b) The Legislature declares that it is the public policy of this state to provide adequate protections for farmworkers through the use of culturally and linguistically competent navigation via community health workers, and nothing in this chapter shall be construed as limiting or restricting the continuation of relationships established between ombudspersons, farmworkers, and the operators of these farms. (c) The Legislature finds that in order to effectively assist farmworkers in the assertion of their civil and human rights, the structure, powers, and duties of the Farmworker Ombudsperson Program must be specifically defined.
8899.100. (a) The Legislature recognizes the establishment of the Farmworker Ombudsperson Program under the Office of Emergency Services.
(b) The Legislature declares that it is the public policy of this state to provide adequate protections for farmworkers through the use of culturally and linguistically competent navigation via community health workers, and nothing in this chapter shall be construed as limiting or restricting the continuation of relationships established between ombudspersons, farmworkers, and the operators of these farms.
(c) The Legislature finds that in order to effectively assist farmworkers in the assertion of their civil and human rights, the structure, powers, and duties of the Farmworker Ombudsperson Program must be specifically defined.
8899.101. Unless the contrary is stated or clearly appears from the context, all of the following definitions shall govern the interpretation of this chapter: (a) Approved organization means any public agency or other appropriate organization that has been designated by the Office of Emergency Services to hear, investigate, and resolve complaints made by or on behalf of farmworkers relating to matters that may affect the health, safety, welfare, and rights of farmworkers.(b) Director means the Director of Emergency Services.(c) Farmworker means agricultural employee as defined in subdivision (b) of Section 1140.4 of the Labor Code.(d) Office means the Office of the State Farmworker Ombudsperson, including approved organizations. (e) Ombudsperson coordinator means the individual selected by the governing board or executive director of the approved organization to manage the day-to-day operation of the ombudsperson program, including the implementation of federal and state requirements governing the office.(f) State Ombudsperson means the State Farmworker Ombudsperson.
8899.101. Unless the contrary is stated or clearly appears from the context, all of the following definitions shall govern the interpretation of this chapter:
(a) Approved organization means any public agency or other appropriate organization that has been designated by the Office of Emergency Services to hear, investigate, and resolve complaints made by or on behalf of farmworkers relating to matters that may affect the health, safety, welfare, and rights of farmworkers.
(b) Director means the Director of Emergency Services.
(c) Farmworker means agricultural employee as defined in subdivision (b) of Section 1140.4 of the Labor Code.
(d) Office means the Office of the State Farmworker Ombudsperson, including approved organizations.
(e) Ombudsperson coordinator means the individual selected by the governing board or executive director of the approved organization to manage the day-to-day operation of the ombudsperson program, including the implementation of federal and state requirements governing the office.
(f) State Ombudsperson means the State Farmworker Ombudsperson.
8899.102. There is within the Office of Emergency Services, the Office of the State Farmworker Ombudsperson.
8899.102. There is within the Office of Emergency Services, the Office of the State Farmworker Ombudsperson.
8899.103. (a) (1) The office shall be under the direction of a chief executive officer who shall be known as the State Farmworker Ombudsperson.(2) The State Ombudsperson shall be appointed by the director and shall report directly to the director.(3) The State Ombudsperson shall devote their entire time to the duties of their position and shall receive the salary otherwise provided by law.(b) (1) Any vacancy occurring in the position of the State Ombudsperson shall be filled in the same manner as the original appointment.(2) (A) Whenever the State Ombudsperson dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the director shall appoint an acting State Ombudsman within 30 days, who shall serve until the appointment and qualification of the State Ombudspersons successor, but in no event longer than four months from the occurrence of the vacancy. (B) The acting State Ombudsperson shall exercise during this period all the powers and duties of the State Ombudsman pursuant to this chapter.
8899.103. (a) (1) The office shall be under the direction of a chief executive officer who shall be known as the State Farmworker Ombudsperson.
(2) The State Ombudsperson shall be appointed by the director and shall report directly to the director.
(3) The State Ombudsperson shall devote their entire time to the duties of their position and shall receive the salary otherwise provided by law.
(b) (1) Any vacancy occurring in the position of the State Ombudsperson shall be filled in the same manner as the original appointment.
(2) (A) Whenever the State Ombudsperson dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the director shall appoint an acting State Ombudsman within 30 days, who shall serve until the appointment and qualification of the State Ombudspersons successor, but in no event longer than four months from the occurrence of the vacancy.
(B) The acting State Ombudsperson shall exercise during this period all the powers and duties of the State Ombudsman pursuant to this chapter.
8899.104. (a) The State Ombudsperson shall have training and experience in all of the following areas:(1) Cultural and linguistic competence in matters relating to the agricultural workforce. (2) The legal system.(3) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.(b) Neither the State Ombudsperson nor any member of their immediate family shall have, or have had within the past three years, any pecuniary interest in farm operations.
8899.104. (a) The State Ombudsperson shall have training and experience in all of the following areas:
(1) Cultural and linguistic competence in matters relating to the agricultural workforce.
(2) The legal system.
(3) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.
(b) Neither the State Ombudsperson nor any member of their immediate family shall have, or have had within the past three years, any pecuniary interest in farm operations.
8899.105. (a) Upon request of the office, the Attorney General shall represent the office or the Office of Emergency Services and the state in litigation concerning affairs of the office, unless the Attorney General represents another state agency, in which case the agency or the office shall be authorized to employ other counsel. (b) The State Ombudsperson may employ technical experts and other employees that, in their judgment, are necessary for the conduct of the business of the office.
8899.105. (a) Upon request of the office, the Attorney General shall represent the office or the Office of Emergency Services and the state in litigation concerning affairs of the office, unless the Attorney General represents another state agency, in which case the agency or the office shall be authorized to employ other counsel.
(b) The State Ombudsperson may employ technical experts and other employees that, in their judgment, are necessary for the conduct of the business of the office.
8899.106. (a) The office may solicit and receive funds, gifts, and contributions to support the operations and programs of the office.(b) The office may form a foundation eligible to receive tax-deductible contributions to support the operations and programs of the office. (c) The office shall not solicit or receive any funds, gifts, or contributions where the solicitation or receipt would jeopardize the independence and objectivity of the office. (d) (1) The office shall deposit funds received pursuant to this section into the State Farmworker Ombudsperson Program Account that is hereby created in the Special Deposit Fund in the State Treasury pursuant to Section 16370.(2) Revenues in the account shall, upon appropriation, be used for the purpose of supporting the operations and programs of the office.
8899.106. (a) The office may solicit and receive funds, gifts, and contributions to support the operations and programs of the office.
(b) The office may form a foundation eligible to receive tax-deductible contributions to support the operations and programs of the office.
(c) The office shall not solicit or receive any funds, gifts, or contributions where the solicitation or receipt would jeopardize the independence and objectivity of the office.
(d) (1) The office shall deposit funds received pursuant to this section into the State Farmworker Ombudsperson Program Account that is hereby created in the Special Deposit Fund in the State Treasury pursuant to Section 16370.
(2) Revenues in the account shall, upon appropriation, be used for the purpose of supporting the operations and programs of the office.
8899.107. (a) No representative of the office shall be held liable for good faith performance of responsibilities under this chapter. (b) (1) No discriminatory, disciplinary, or retaliatory action shall be taken against any farmworker or any volunteer, for any communication made, or information given or disclosed, to aid the office in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith. (2) This subdivision is not intended to infringe on the rights of the employer to supervise, discipline, or terminate a farmworker for other reasons. (c) All communications by a representative of the office, if reasonably related to the requirements of that individuals responsibilities under this chapter and done in good faith, shall be privileged, and that privilege shall serve as a defense to any action in libel or slander. (d) Any representative of the office shall be exempt from being required to testify in court as to any confidential matters, except as the court may deem necessary to enforce the provisions of this chapter.
8899.107. (a) No representative of the office shall be held liable for good faith performance of responsibilities under this chapter.
(b) (1) No discriminatory, disciplinary, or retaliatory action shall be taken against any farmworker or any volunteer, for any communication made, or information given or disclosed, to aid the office in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith.
(2) This subdivision is not intended to infringe on the rights of the employer to supervise, discipline, or terminate a farmworker for other reasons.
(c) All communications by a representative of the office, if reasonably related to the requirements of that individuals responsibilities under this chapter and done in good faith, shall be privileged, and that privilege shall serve as a defense to any action in libel or slander.
(d) Any representative of the office shall be exempt from being required to testify in court as to any confidential matters, except as the court may deem necessary to enforce the provisions of this chapter.
8899.108. (a) The office shall be responsible for activities that promote the development, coordination, and utilization of resources that meet the needs of farmworkers, consistent with its mission.(b) The responsibilities of the office shall include establishing a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in the agricultural workforce for the purpose of identifying and resolving significant problems. (c) On July 1, 2026, and annually thereafter, the office shall submit the data to the Assembly Committee on Labor and Employment and post the data on its internet website.
8899.108. (a) The office shall be responsible for activities that promote the development, coordination, and utilization of resources that meet the needs of farmworkers, consistent with its mission.
(b) The responsibilities of the office shall include establishing a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in the agricultural workforce for the purpose of identifying and resolving significant problems.
(c) On July 1, 2026, and annually thereafter, the office shall submit the data to the Assembly Committee on Labor and Employment and post the data on its internet website.
8899.109. (a) All advocacy programs and any programs similar in nature to the Farmworker Ombudsman Program that receive funding or official designation from the state shall cooperate with the office, where appropriate. (b) The programs described in this section include, but are not limited to, programs within the Division of Occupational Safety and Health and the Agricultural Labor Relations Board.
8899.109. (a) All advocacy programs and any programs similar in nature to the Farmworker Ombudsman Program that receive funding or official designation from the state shall cooperate with the office, where appropriate.
(b) The programs described in this section include, but are not limited to, programs within the Division of Occupational Safety and Health and the Agricultural Labor Relations Board.
SEC. 2. The Legislature finds and declares that this act imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:(a) Agricultural workers that report workplace concerns are at risk of employer retaliation. In this context, retaliation can result in job loss and immigration consequences due to lack of documentation.(b) Agricultural workers belong to groups that have historically had difficulties navigating the legal system and advocating for appropriate working conditions.(c) Agricultural workers have limited social mobility, with an average of a ninth grade education level and only about 10 percent of workers having completed high school. This creates an increased reliance on jobs within the agricultural sector.
SEC. 2. The Legislature finds and declares that this act imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:(a) Agricultural workers that report workplace concerns are at risk of employer retaliation. In this context, retaliation can result in job loss and immigration consequences due to lack of documentation.(b) Agricultural workers belong to groups that have historically had difficulties navigating the legal system and advocating for appropriate working conditions.(c) Agricultural workers have limited social mobility, with an average of a ninth grade education level and only about 10 percent of workers having completed high school. This creates an increased reliance on jobs within the agricultural sector.
SEC. 2. The Legislature finds and declares that this act imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
### SEC. 2.
(a) Agricultural workers that report workplace concerns are at risk of employer retaliation. In this context, retaliation can result in job loss and immigration consequences due to lack of documentation.
(b) Agricultural workers belong to groups that have historically had difficulties navigating the legal system and advocating for appropriate working conditions.
(c) Agricultural workers have limited social mobility, with an average of a ninth grade education level and only about 10 percent of workers having completed high school. This creates an increased reliance on jobs within the agricultural sector.
It is the intent of the Legislature to enact legislation that would ensure that workers know their rights and are prepared to protect themselves during extreme heat-related events.