1695.7
. (a) (1) Prior to entering into any contract or agreement to
supply agricultural labor or services to a grower, a farm labor
contractor shall first provide to the grower a copy of his or her
current valid state license. A failure to do so is a violation of
this chapter. The grower shall keep a copy of the license for a
period of three years following the termination of the contract or
agreement.
(2) In the event that the licensee or prospective licensee has
fulfilled all the requirements for a license, but the Labor
Commissioner has not been able to timely issue or renew a license,
the Labor Commissioner shall issue to the person applying for a
license, or renewal of a license, a letter of authorization
permitting that person to operate or continue to operate as a farm
labor contractor. For purposes of this section, a "valid state
license" shall include a letter of authorization issued pursuant to
this paragraph.
(3) (A) No grower shall enter into a contract or agreement with a
person acting in the capacity of a farm labor contractor who fails to
provide a copy of his or her license. A grower has an affirmative
obligation to inspect the license of any person contracted as a farm
labor contractor, a copy of whose license is provided to the grower
pursuant to paragraph (1), and to verify that the license is valid.
The grower shall request verification from the license verification
unit by the close of the third business day following the day on
which the farm labor contractor is engaged. The grower may be
supplied services by the farm labor contractor and shall not be
liable under this section for an invalid license while awaiting
verification from the verification unit. The verification received
from the license verification unit shall serve as conclusive evidence
of the grower's compliance with this subparagraph. The verification
shall be valid until the farm labor contractor's license expires.
Failure to comply with this subparagraph is a violation of this
chapter.
(B) A farm labor contractor has an affirmative obligation to
inspect the license of any person contracted by the farm labor
contractor who is acting in the capacity of a farm labor contractor a
copy of whose license is provided to the farm labor contractor
pursuant to Section 1695.9, and to verify that the license is valid.
The farm labor contractor shall request verification from the license
verification unit by the close of the third business day following
the day on which the individual who is acting as the farm labor
contractor is engaged. The farm labor contractor may be supplied
services by the acting farm labor contractor and shall not be liable
under this section for an invalid license while awaiting verification
from the verification unit. The verification received from the
license verification unit shall serve as conclusive evidence of the
farm labor contractor's compliance with this subparagraph. The
verification shall be valid until the individual's license expires.
Failure to comply with this subparagraph is a violation of this
chapter.
(C) If a determination is made by the Labor Commissioner that the
verification system is inoperable, no grower or farm labor contractor
shall be liable under this section until seven business days after
the Labor Commissioner determines the system is operable and has made
public notice to affected parties.
(4) (A) If a contract or agreement entered into with a farm labor
contractor extends beyond the expiration date of his or her license,
or extends beyond the date contained in the letter of authorization
to operate, the farm labor contractor shall provide to the grower,
upon renewal of the license or issuance of the letter of
authorization a copy of his or her current valid renewed license or a
copy of a letter of authorization issued by the Labor Commissioner.
In the event the farm labor contractor's license is not renewed, the
farm labor contractor shall notify the grower within three days.
(B) If a contract or agreement entered into by a farm labor
contractor with another farm labor contractor extends beyond the
expiration date of his or her license, or extends beyond the date
contained in the letter of authorization to operate, the other farm
labor contractor shall provide to the farm labor contractor, upon
renewal of the license or issuance of the letter of authorization a
copy of his or her current valid renewed license or a copy of a
letter of authorization issued by the Labor Commissioner. In the
event the license of a person contracted by a farm labor contractor
who is acting as farm labor contractor is not renewed, the person
shall notify the farm labor contractor within three days.
(b) A failure by a farm labor contractor to provide a copy of his
or her license to the grower shall not constitute a defense against
liability under this section for a grower who subsequently fails to
comply with the requirements of subparagraph (A) of paragraph (3) of
subdivision (a). A failure by a person acting as a farm labor
contractor who is contracted by a farm labor contractor to provide a
copy of his or her license to the farm labor contractor shall not
constitute a defense against liability under this section for a farm
labor contractor who subsequently fails to comply with the
requirements of subparagraph (B) of paragraph (3) of subdivision (a).
(c) (1) Any person who acts in the capacity of a farm labor
contractor without first securing a license or while his or her
license has been suspended or revoked is guilty of a misdemeanor
punishable by a fine of not less than one thousand dollars ($1,000)
nor more than five thousand dollars ($5,000), or imprisonment in the
county jail for not more than six months, or both, and is subject to
other sanctions under this chapter, including subdivisions (b) and
(c) of Section 1697.
(2) Any grower or farm labor contractor who enters into a contract
or agreement in violation of this section shall be subject to a
civil action by an aggrieved worker for any claims arising from the
contract or agreement that are a direct result of any violation of
any state law regulating wages, housing, pesticides, or
transportation committed by the unlicensed farm labor contractor. The
court shall grant a prevailing plaintiff reasonable attorney's fees
and costs.
(3) On or after January 1, 2003, any grower, farm labor
contractor, or other person acting either individually or as an
officer, agent, or employee of any grower or farm labor contractor
who knowingly and willfully fails to pay, or causes the failure to
pay, wages as set forth in subdivision (b) of Section 1199, or any
higher wages that have been agreed to, is guilty of a misdemeanor
punishable as set forth in subdivision (f). However, if the
prosecutor elects to prosecute any grower, farm labor contractor, or
other person pursuant to this paragraph and subdivision (f), multiple
failures to pay wages within a single payroll and in a single pay
period shall constitute one violation.
(4) Any aggrieved worker who, claims a violation of this section,
may bring a civil action for injunctive relief and lost wages as
provided in Section 218, and, upon prevailing, shall recover
reasonable attorney's fees and costs.
(d) As used in this section:
(1) "Business day" means any day on which the offices of the
license verification unit are open to the public for the conducting
of business.
(2) "Grower" means any person who owns or leases land used for the
planting, cultivation, production, harvesting, or packing of any
farm products, if he or she hires or uses persons acting as farm
labor contractors, and includes a packing shed or a person or entity
who farms the land on behalf of the land owner, whether or not he or
she owns or leases the land.
(3) "Inspect," with regard to inspecting a license, means to
examine the license to determine whether it reasonably appears on its
face to be genuine.
(4) "License verification unit" means the Farm Labor Contractor
License Verification Unit established pursuant to subdivision (e).
(5) "Verify," with respect to verifying a license, means to
contact by telephone, facsimile, website, electronic mail, or other
means as determined by the Labor Commissioner, the license
verification unit to confirm the validity of a license and to record
in the requester's files the unique verification number provided by
the license verification unit to document that the requester
confirmed the validity of the license of the farm labor contractor
with whom he or she has entered into a contract or agreement to
supply services.
(e) The Labor Commissioner shall establish and maintain a Farm
Labor Contractor License Verification Unit commencing no later than
July 1, 2002. The license verification unit shall, upon the request
of a grower or farm labor contractor, certify the status of a state
license issued to a farm labor contractor. The license verification
unit shall assign a unique verification number to the request and the
unit shall within 24 hours send by mail, or, if available, by
facsimile or electronic mail, confirmation that will serve as
conclusive evidence of compliance with the verification requirements
of this section. The obligation under this section to verify licenses
shall not become operative and the penalties for failure to verify a
license shall not be applicable until three months after the license
verification unit becomes operational, as certified by the State
Auditor.
(f) (1) On or after January 1, 2003, a violation of paragraph (3)
of subdivision (c) is a misdemeanor and is punishable as provided in
subdivision (a) of Section 1697, except that the fine portion of the
penalty shall be as follows:
(A) Upon conviction for a first violation, by a fine of not less
than one thousand dollars ($1,000) nor more than five thousand
dollars ($5,000), and is subject to other sanctions under this
chapter, including subdivisions (b) and (c) of Section 1697. Upon
conviction, the Labor Commissioner shall revoke the defendant's
license and the defendant shall be ineligible for a license for a
period of one year from the date of revocation.
(B) Upon a conviction for a violation committed within three years
after a conviction for a prior violation, by a fine of not less than
ten thousand dollars ($10,000) and is subject to other sanctions
under this chapter, including subdivisions (b) and (c) of Section
1697. Upon a second conviction, the Labor Commissioner shall revoke
the defendant's license and the defendant shall be ineligible for a
license for a period of two years from the date of revocation.
(C) Upon a conviction for a violation committed within five years
after a second conviction pursuant to subparagraph (B), by a fine of
not less than twenty-five thousand dollars ($25,000), and is subject
to other sanctions under this chapter, including subdivisions (b) and
(c) of Section 1697. Upon a third conviction, the Labor Commissioner
shall revoke the defendant's license and the defendant shall not
thereafter be eligible to obtain a license.
(2) If a person is prosecuted under this subdivision, that person
may not be prosecuted under any other law if the prosecution would be
based upon the same set of facts as the prosecution under this
subdivision.
(g) A farm labor contractor, a person contracted by a farm labor
contractor who is acting in the capacity of a farm labor contractor,
or an employer of a farm labor contractor is subject to Section 98.6
and 1102.5.