Farm Labor Contractor Exam Flashcards

Questions and Answers

Who sets wages, hours, etc.?

The Industrial Welfare Commission (IWC)

Workers may be paid a piece rate as long as it is what?

The rate must be at least equal to the minimum wage, including any overtime.

What is the exception to the minimum wage for learners regardless of age?

Workers may be paid not less than 85% of the minimum wage during their first 160 hours of employment in occupations in which they have no previous similar or related experience.

Food and lodging supplied by the employer may count as wages if there is a voluntary written agreement with the employee.

True Signup and view all the answers

Workers must be paid 1.5 times their regular rate of pay for all hours worked over how many hours in a day or how many hours in a week?

Over 8 in a day or 40 in a week. Signup and view all the answers

Worker must be paid double their regular rate of pay after how many hours on the 7th day of work?

8 hours Signup and view all the answers

Can you make deductions from an employee's wages to cover breakage or loss of equipment?

False Signup and view all the answers

You must not make any other deduction from an employee's wages unless what?

Unless the employee gives you specific written permission. Signup and view all the answers

All employees must be allowed to take breaks even if others are still working.

True Signup and view all the answers

Workers must receive a half-hour meal period if they worked more than how many hours?

More than 5 hours Signup and view all the answers

What is the exception to waiving a half-hour meal period after the 5th hour?

If the workday is no more than six hours long and both employee and employer agree. Signup and view all the answers

You must give your employees a paid 10-minute rest break for every how many hours?

Every 4 hours Signup and view all the answers

Is a rest break required if an employee works less than three and a half hours in a day?

False Signup and view all the answers

How often are you required to pay your employees?

At least once per week Signup and view all the answers

Payday does not need to be set in advance and posted on the Payday Notice.

False Signup and view all the answers

An employee must always receive a wage deduction statement.

True Signup and view all the answers

What should be included in the time records and wage deduction statements?

Name, address, occupation, and Social Security Number of the employee. Signup and view all the answers

Time records must be kept for all employees. What must be shown on the time records?

Start and end time, meal period time, total hours worked each day, total hours worked during pay period, total wages for that period. Signup and view all the answers

What must be shown in the wage deduction statement every time you pay your employees?

Employee's name, last 4 digits of Employee's SS#, FLC Business name and address, Grower name and address, date of pay period, total hours worked, gross wages, net wages, number of piece-rate units, all deductions, hourly rates for regular, overtime, and double-time work. Signup and view all the answers

How long should a copy of records of deductions be maintained at the place of employment or central location?

Three years Signup and view all the answers

All applications and the personnel files of terminated employees must be kept at least one year.

False Signup and view all the answers

How long should you keep payroll records for?

At least four years Signup and view all the answers

How long should you keep records of payments made to people who provided services to your business?

At least eight years, in case of an employment tax audit. Signup and view all the answers

How often are FLCs required to take CA farm labor contractor exams?

Every two years Signup and view all the answers

You can sell or transfer any part of the profits of your business unless the Labor Commissioner gives written consent.

False Signup and view all the answers

You must not transfer your FLC federal registration certificate to anyone else.

True Signup and view all the answers

What type of training must you provide to crew leaders and supervisors?

Training on worker health and safety, pesticide safety, and terms and conditions of employment, plus at least 2 hours of sexual harassment prevention training each year. Signup and view all the answers

What does federal law require of all field supervisors who recruit or transport migrant or seasonal agricultural workers?

They are required to be registered as Farm Labor Contractor Employees (FLCE). Signup and view all the answers

If you drive workers to a jobsite and there is no work, what are you required to do?

You must pay them the agreed upon rate for all the time traveling to the jobsite and back. Signup and view all the answers

When should you inform workers about a strike or lockout at the worksite?

Before you take them there. Signup and view all the answers

Are you required to provide a written statement in Spanish about the contract fee and workers' rates of pay if requested?

True Signup and view all the answers

Can you charge workers any type of registration or employment fee?

False Signup and view all the answers

What should you post at the entrance to your vehicles?

Your name, FLC license number, and the pay rate for workers. Signup and view all the answers

What does federal law require you to post a notice of?

A notice of the workers' federal rights. Signup and view all the answers

Can you contribute to or interfere with workers organizing a union?

False Signup and view all the answers

What should you tell workers before hiring them?

Where they will be employed, pay rates, the crops they will work on, their work duties, expected length of employment, any commissions from the grower, and any fees. Signup and view all the answers

What must you show the grower before contracting to supply labor?

Your CA FLC license and your FLC federal registration certificate. Signup and view all the answers

Are you required to provide the grower with a payroll list of employees?

True Signup and view all the answers

Is it allowed to split fees with the grower or their employees?

False Signup and view all the answers

What can happen if you fail to comply with an FLC contract or the law?

Your FLC license may be revoked. Signup and view all the answers

Can your FLC license be revoked for including false information on your application?

True Signup and view all the answers

What is the consequence of allowing an employee to drive a farm labor vehicle without proper certification?

Your FLC license may be revoked. Signup and view all the answers

Can you change any condition under which your FLC license was issued?

False Signup and view all the answers

What are the requirements to contract for farm labor?

<ol> <li>Valid CA FLC license, 2. Valid federal registration certificate, 3. Registered with Ag commissioner in counties, 4. Bond posted, 5. Workers' comp insurance, 6. Disclosure of financial interests, 7. Nine hours of approved FLC class training, 8. Notify the Dept. of Labor Standards of changes.</li> </ol> Signup and view all the answers

What happens if you apply for the FLC license on behalf of someone else?

Your FLC federal registration certificate will be revoked. Signup and view all the answers

Your FLC federal registration certificate will be revoked if you were convicted in the past how many years of a felony related to gambling or alcohol?

Past 5 years. Signup and view all the answers

What is the requirement for toilet facilities if you employ fewer than five workers?

It is acceptable to have one coed toilet if it can be locked from the inside. Signup and view all the answers

If you have 5 to 20 male and female employees, what is the requirement for toilet facilities?

You must have one toilet facility for men and one for women. Signup and view all the answers

When should you have two toilet facilities for men and two for women?

If you have 21 to 40 male employees and 21 to 40 female employees. Signup and view all the answers

When should you have three toilet facilities for men and three for women?

If you have 41 to 60 male employees and 41 to 60 female employees. Signup and view all the answers

After 60 employees, how should you increase toilet facilities?

For each additional 20 male or female employees or fraction thereof, you must increase the facilities. Signup and view all the answers

How many handwashing facilities must be provided?

For each 20 employees or fraction thereof, one handwashing facility must be provided. Signup and view all the answers

Handwashing and toilet facilities must be outside the field property.

False Signup and view all the answers

What is the requirement for handwashing and toilet facilities if you employ less than five workers?

You must supply transportation to and from offsite handwashing and toilet facilities. Signup and view all the answers

Handwashing and toilet facilities must get fresh air.

True Signup and view all the answers

How many gallons of water must the water tank of the handwashing facility hold?

15 gallons. Signup and view all the answers

What should the handwashing facility be stocked with?

Soap and single-use towels. Signup and view all the answers

Water may drain from the handwashing facility only if what?

If it does not cause a problem or contamination. Signup and view all the answers

What should be done to keep out flies and vermin from toilet facilities?

All toilet facilities must be screened. Signup and view all the answers

Chemical toilet wastewater must drain into what?

A >40-gallon tank designed to prevent contamination. Signup and view all the answers

What should you do when pit toilets are filled to within 2 feet of the surface?

Cover them with 2 feet of compact dirt. Signup and view all the answers

You must keep written records of maintenance of the facilities for how many years?

Two years. Signup and view all the answers

How far should the handwashing and toilet facility be from the worksite?

They must be close together and located within a quarter-mile or a five-minute walk from the worksite. Signup and view all the answers

Where are first-aid kits required?

At the farm headquarters and in the transportation buses. Signup and view all the answers

Out in the field, how many employees must have training in emergency first aid?

At least 1 employee in every 20. Signup and view all the answers

Is it my responsibility to arrange for emergency medical service in the field?

True Signup and view all the answers

Why is it not allowed for a worker to use any pole that can conduct electricity for fruit picking?

There is a possibility of exposure to high-voltage lines. Signup and view all the answers

Tools with short handles must not be used in what type of positions?

Stooped, kneeling, or squatting position when the worker is weeding. Signup and view all the answers

A long-handled tool can be used as short-handled tools.

False Signup and view all the answers

The unused portion of the vegetable-trimming saw must be what?

The unused portion of the blade must be covered. Signup and view all the answers

State law requires you to provide how much water?

At least one quart per hour of pure, cool drinking water. Signup and view all the answers

An employee wants another drink of water after getting a drink 10 minutes ago. Is this allowed?

True Signup and view all the answers

When should shade be available?

Shade must be available when temperatures exceed 80 degrees Fahrenheit. Signup and view all the answers

When should shade structures be opened?

Near the workers at the start of the shift. Signup and view all the answers

In regards to heat illness prevention, employees must be trained on what before working outdoors?

<ol> <li>Environmental and personal risk factors for heat illness 2. Employer's procedures 3. Importance of water consumption 4. Importance of acclimatization 5. Common signs of heat illness 6. Importance of reporting heat illness 7. Employer's procedures for responding.</li> </ol> Signup and view all the answers

Should the heat illness prevention procedures be in writing?

True Signup and view all the answers

The Injury and Illness Prevention Program (IIPP) must include what?

<ol> <li>Implementation plan 2. Training system 3. Meetings and postings 4. Anonymous reporting system 5. Hazard identification system 6. Investigations of injuries 7. Hazard correction procedures 8. Training for employees 9. Records of inspections and actions 10. Records of training.</li> </ol> Signup and view all the answers

How many years should you keep records of safety and health training?

Three years. Signup and view all the answers

What are the two required postings?

<ol> <li>Safety and Health Protection on the Job 2. Annual Summary of Work-Related Injuries and Illnesses.</li> </ol> Signup and view all the answers

What is the Safety and Health Protection on the Job posting about?

It lists the basic employer and employee rights and responsibilities. Signup and view all the answers

What is the Annual Summary of Work-Related Injuries and Illnesses?

A log of all injuries during the year, posted in February. Signup and view all the answers

When and who do you report all injuries to?

Report all injuries to your workers' compensation insurance carrier within five days. Signup and view all the answers

When you have a serious workplace injury or death, who else should you report to?

Nearest Cal/OSHA office, California Division of Labor Statistics and Research, California Census of Fatal Occupational Injuries, local police. Signup and view all the answers

When you have injury or death involving pesticides, to whom should you report?

The Department of Pesticide Regulation. Signup and view all the answers

If a Cal/OSHA consultant identifies an imminent or serious hazard, what must you do?

Eliminate the hazard within a reasonable period or you will be cited. Signup and view all the answers

What is the minimum penalty for violating a single Cal/OSHA regulation governing field sanitation?

$750. Signup and view all the answers

Pesticide training is not required for employees who do not handle pesticides.

False Signup and view all the answers

Pesticide training must be taken within how many months before beginning work in the treated field?

Within the last 12 months. Signup and view all the answers

Only a qualified trainer can train your field workers. What qualifies a trainer?

<ol> <li>Complete a DPR-approved train-the-trainer program 2. Valid private applicator certificate 3. Valid commercial applicator certificate or license.</li> </ol> Signup and view all the answers

What is the grower required to tell your workers before they enter a field?

<ol> <li>Whether the field has been treated with pesticides 2. The name of the pesticide 3. The date it was applied 4. The waiting time before entering 5. Safety precautions.</li> </ol> Signup and view all the answers

What document are you required to give your employees before they enter a field that has been treated with pesticide?

'Pesticide Safety Information Series (PSIS) A-9'. Signup and view all the answers

If a worker or doctor requests pesticide records, what should it include?

<ol> <li>List of pesticides applied in the past 2 years 2. Additional PSIS leaflets as applicable 3. Technical descriptions of pesticides.</li> </ol> Signup and view all the answers

What are common symptoms of pesticide poisoning?

Headache, nausea, vomiting, cramps, weakness, blurred vision, pinpoint pupils, breathing difficulties, nervousness, sweating, watery eyes, drooling, muscle spasms, skin rash, coma. Signup and view all the answers

What is Restricted Entry Interval (REI)?

The amount of time that must pass before safe entry into a treated area without special protective clothing. Signup and view all the answers

If extra-dangerous chemicals are used, what must be posted?

The area must be marked with a skull and crossbones and a warning in English and Spanish. Signup and view all the answers

Can the grower and FLC post and remove the warning sign (with a skull and crossbones)?

False Signup and view all the answers

When can workers enter a treated field during an REI?

<ol> <li>If they have received special training and wear protective equipment. 2. If they will operate machinery that shields them from contact.</li> </ol> Signup and view all the answers

Where should you report concerns regarding doubts about REI info?

Local county agricultural commissioner. Signup and view all the answers

What is required for you or your employees before handling pesticides?

Comprehensive training on the safe handling of pesticides. Signup and view all the answers

Study Notes

Farm Labor Contractor Licensure and Regulation

Farm Labor Contractors (FLCs) must take California farm labor contractor exams every two years.
Selling or transferring profits from a business requires written consent from the Labor Commissioner.
Federal law mandates that field supervisors recruiting or transporting agricultural workers must register as Farm Labor Contractor Employees (FLCE).

Training and Employee Rights

Crew leaders and supervisors must undergo training annually on health and safety, pesticide safety, employment terms, and sexual harassment prevention.
Workers must be informed about strike or lockout situations before being taken to the job site.
Written statements regarding contract fees and pay rates must be provided in both English and Spanish upon request.

Employer Responsibilities

Contractors are prohibited from charging workers registration or employment fees.
Posting of FLC license numbers, pay rates, and federal rights for workers is mandatory at job sites and vehicles.

Labor Contracting Guidelines

Prior to contracting, FLCs must present valid CA FLC licenses and federal registration to growers.
A payroll list of all employees working for a grower must be supplied on a designated form from the Labor Commissioner.

Health and Safety Compliance

Failure to comply with wage payment, contracts, or health and safety laws can lead to revocation of FLC licenses.
Proper sanitary facilities must be provided based on the number of employees, including requirements for handwashing and toilet access.

Water, Shade, and Heat Illness Prevention

At least one quart of potable water must be provided per employee per hour and available at all times.
Shade must be available when temperatures exceed 80°F and provided at the start of shifts.
Employees must be trained in heat illness prevention before outdoor work, covering risk factors, hydration, acclimatization, and reporting signs of heat illness.

Injury and Illness Reporting

All workplace injuries must be reported within five days to the workers' compensation insurance carrier.
Serious injuries or deaths must be reported promptly to Cal/OSHA and local authorities.

Pesticide Use Regulations

Training in pesticide safety is required for all fieldworkers, regardless of whether they handle pesticides.
Growers must inform workers about pesticide treatments in the field, including safety precautions.

Wage Regulations

Workers must be paid at least minimum wage and compensated overtime for hours worked beyond specified limits.
Deductions from wages are generally prohibited unless specified by the employee in writing.

Additional Compliance Requirements

All employers must maintain written records of safety procedures, training, and inspections for three years.
Safety and health protection information must be posted in workplaces and made accessible to employees.

Emergency Preparedness

At least one employee trained in first aid must be present for every 20 employees working in the field.
FLCs are responsible for arranging emergency medical services in case of injuries in the field.

These notes cover essential requirements and responsibilities of Farm Labor Contractors regarding employee treatment, training, health and safety regulations, contracting protocols, and compensation structures.### Meal Period Regulations

Workers must receive a half-hour meal period if they work more than 5 hours.
An exception allows waiving the half-hour meal period if the workday is 6 hours or less and there's mutual agreement between employee and employer.

Rest Break Requirements

Employers must provide a paid 10-minute rest break for every 4 hours worked.
No mandatory rest break is required for employees working less than 3.5 hours in a day.

Payroll Practices

Employers are required to pay employees at least once per week.
Pay days must be set in advance and clearly posted as per the Payday Notice requirements.

Wage Deduction Statements

Employees must always receive a wage deduction statement with each payment made.
Wage deduction statements should include multiple details such as employee's name, last 4 digits of SSN, business information, pay period dates, and wage figures including gross and net wages.

Time Records and Documentation

Time records must document start and end times, meal periods, total hours worked daily and for the pay period, and total wages for that period.
Wage deduction statements must provide each employee's name, SSN, business name, wages, deductions, and hours worked at varying pay rates.

Record Keeping Duration

Records of deductions must be maintained for at least 3 years at the place of employment.
Personnel files and applications of terminated employees must be kept for a minimum of 3 years.
Payroll records should be preserved for at least 4 years.
Records of payments to service providers must be retained for at least 8 years, particularly for employment tax audit purposes.

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Test your knowledge on California's farm labor contractor regulations with these flashcards. This quiz will help you understand the requirements and limitations of FLCs in California, ensuring you are well-prepared for the exam.