Podcast
Questions and Answers
Who sets wages, hours, etc.?
Who sets wages, hours, etc.?
The Industrial Welfare Commission (IWC)
Workers may be paid a piece rate as long as it is what?
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?
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.
Food and lodging supplied by the employer may count as wages if there is a voluntary written agreement with the employee.
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?
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?
Worker must be paid double their regular rate of pay after how many hours on the 7th day of work?
Worker must be paid double their regular rate of pay after how many hours on the 7th day of work?
Can you make deductions from an employee's wages to cover breakage or loss of equipment?
Can you make deductions from an employee's wages to cover breakage or loss of equipment?
You must not make any other deduction from an employee's wages unless what?
You must not make any other deduction from an employee's wages unless what?
All employees must be allowed to take breaks even if others are still working.
All employees must be allowed to take breaks even if others are still working.
Workers must receive a half-hour meal period if they worked more than how many hours?
Workers must receive a half-hour meal period if they worked more than how many hours?
What is the exception to waiving a half-hour meal period after the 5th hour?
What is the exception to waiving a half-hour meal period after the 5th hour?
You must give your employees a paid 10-minute rest break for every how many hours?
You must give your employees a paid 10-minute rest break for every how many hours?
Is a rest break required if an employee works less than three and a half hours in a day?
Is a rest break required if an employee works less than three and a half hours in a day?
How often are you required to pay your employees?
How often are you required to pay your employees?
Payday does not need to be set in advance and posted on the Payday Notice.
Payday does not need to be set in advance and posted on the Payday Notice.
An employee must always receive a wage deduction statement.
An employee must always receive a wage deduction statement.
What should be included in the time records and wage deduction statements?
What should be included in the time records and wage deduction statements?
Time records must be kept for all employees. What must be shown on the time records?
Time records must be kept for all employees. What must be shown on the time records?
What must be shown in the wage deduction statement every time you pay your employees?
What must be shown in the wage deduction statement every time you pay your employees?
How long should a copy of records of deductions be maintained at the place of employment or central location?
How long should a copy of records of deductions be maintained at the place of employment or central location?
All applications and the personnel files of terminated employees must be kept at least one year.
All applications and the personnel files of terminated employees must be kept at least one year.
How long should you keep payroll records for?
How long should you keep payroll records for?
How long should you keep records of payments made to people who provided services to your business?
How long should you keep records of payments made to people who provided services to your business?
How often are FLCs required to take CA farm labor contractor exams?
How often are FLCs required to take CA farm labor contractor exams?
You can sell or transfer any part of the profits of your business unless the Labor Commissioner gives written consent.
You can sell or transfer any part of the profits of your business unless the Labor Commissioner gives written consent.
You must not transfer your FLC federal registration certificate to anyone else.
You must not transfer your FLC federal registration certificate to anyone else.
What type of training must you provide to crew leaders and supervisors?
What type of training must you provide to crew leaders and supervisors?
What does federal law require of all field supervisors who recruit or transport migrant or seasonal agricultural workers?
What does federal law require of all field supervisors who recruit or transport migrant or seasonal agricultural workers?
If you drive workers to a jobsite and there is no work, what are you required to do?
If you drive workers to a jobsite and there is no work, what are you required to do?
When should you inform workers about a strike or lockout at the worksite?
When should you inform workers about a strike or lockout at the worksite?
Are you required to provide a written statement in Spanish about the contract fee and workers' rates of pay if requested?
Are you required to provide a written statement in Spanish about the contract fee and workers' rates of pay if requested?
Can you charge workers any type of registration or employment fee?
Can you charge workers any type of registration or employment fee?
What should you post at the entrance to your vehicles?
What should you post at the entrance to your vehicles?
What does federal law require you to post a notice of?
What does federal law require you to post a notice of?
Can you contribute to or interfere with workers organizing a union?
Can you contribute to or interfere with workers organizing a union?
What should you tell workers before hiring them?
What should you tell workers before hiring them?
What must you show the grower before contracting to supply labor?
What must you show the grower before contracting to supply labor?
Are you required to provide the grower with a payroll list of employees?
Are you required to provide the grower with a payroll list of employees?
Is it allowed to split fees with the grower or their employees?
Is it allowed to split fees with the grower or their employees?
What can happen if you fail to comply with an FLC contract or the law?
What can happen if you fail to comply with an FLC contract or the law?
Can your FLC license be revoked for including false information on your application?
Can your FLC license be revoked for including false information on your application?
What is the consequence of allowing an employee to drive a farm labor vehicle without proper certification?
What is the consequence of allowing an employee to drive a farm labor vehicle without proper certification?
Can you change any condition under which your FLC license was issued?
Can you change any condition under which your FLC license was issued?
What are the requirements to contract for farm labor?
What are the requirements to contract for farm labor?
What happens if you apply for the FLC license on behalf of someone else?
What happens if you apply for the FLC license on behalf of someone else?
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?
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?
What is the requirement for toilet facilities if you employ fewer than five workers?
What is the requirement for toilet facilities if you employ fewer than five workers?
If you have 5 to 20 male and female employees, what is the requirement for toilet facilities?
If you have 5 to 20 male and female employees, what is the requirement for toilet facilities?
When should you have two toilet facilities for men and two for women?
When should you have two toilet facilities for men and two for women?
When should you have three toilet facilities for men and three for women?
When should you have three toilet facilities for men and three for women?
After 60 employees, how should you increase toilet facilities?
After 60 employees, how should you increase toilet facilities?
How many handwashing facilities must be provided?
How many handwashing facilities must be provided?
Handwashing and toilet facilities must be outside the field property.
Handwashing and toilet facilities must be outside the field property.
What is the requirement for handwashing and toilet facilities if you employ less than five workers?
What is the requirement for handwashing and toilet facilities if you employ less than five workers?
Handwashing and toilet facilities must get fresh air.
Handwashing and toilet facilities must get fresh air.
How many gallons of water must the water tank of the handwashing facility hold?
How many gallons of water must the water tank of the handwashing facility hold?
What should the handwashing facility be stocked with?
What should the handwashing facility be stocked with?
Water may drain from the handwashing facility only if what?
Water may drain from the handwashing facility only if what?
What should be done to keep out flies and vermin from toilet facilities?
What should be done to keep out flies and vermin from toilet facilities?
Chemical toilet wastewater must drain into what?
Chemical toilet wastewater must drain into what?
What should you do when pit toilets are filled to within 2 feet of the surface?
What should you do when pit toilets are filled to within 2 feet of the surface?
You must keep written records of maintenance of the facilities for how many years?
You must keep written records of maintenance of the facilities for how many years?
How far should the handwashing and toilet facility be from the worksite?
How far should the handwashing and toilet facility be from the worksite?
Where are first-aid kits required?
Where are first-aid kits required?
Out in the field, how many employees must have training in emergency first aid?
Out in the field, how many employees must have training in emergency first aid?
Is it my responsibility to arrange for emergency medical service in the field?
Is it my responsibility to arrange for emergency medical service in the field?
Why is it not allowed for a worker to use any pole that can conduct electricity for fruit picking?
Why is it not allowed for a worker to use any pole that can conduct electricity for fruit picking?
Tools with short handles must not be used in what type of positions?
Tools with short handles must not be used in what type of positions?
A long-handled tool can be used as short-handled tools.
A long-handled tool can be used as short-handled tools.
The unused portion of the vegetable-trimming saw must be what?
The unused portion of the vegetable-trimming saw must be what?
State law requires you to provide how much water?
State law requires you to provide how much water?
An employee wants another drink of water after getting a drink 10 minutes ago. Is this allowed?
An employee wants another drink of water after getting a drink 10 minutes ago. Is this allowed?
When should shade be available?
When should shade be available?
When should shade structures be opened?
When should shade structures be opened?
In regards to heat illness prevention, employees must be trained on what before working outdoors?
In regards to heat illness prevention, employees must be trained on what before working outdoors?
Should the heat illness prevention procedures be in writing?
Should the heat illness prevention procedures be in writing?
The Injury and Illness Prevention Program (IIPP) must include what?
The Injury and Illness Prevention Program (IIPP) must include what?
How many years should you keep records of safety and health training?
How many years should you keep records of safety and health training?
What are the two required postings?
What are the two required postings?
What is the Safety and Health Protection on the Job posting about?
What is the Safety and Health Protection on the Job posting about?
What is the Annual Summary of Work-Related Injuries and Illnesses?
What is the Annual Summary of Work-Related Injuries and Illnesses?
When and who do you report all injuries to?
When and who do you report all injuries to?
When you have a serious workplace injury or death, who else should you report to?
When you have a serious workplace injury or death, who else should you report to?
When you have injury or death involving pesticides, to whom should you report?
When you have injury or death involving pesticides, to whom should you report?
If a Cal/OSHA consultant identifies an imminent or serious hazard, what must you do?
If a Cal/OSHA consultant identifies an imminent or serious hazard, what must you do?
What is the minimum penalty for violating a single Cal/OSHA regulation governing field sanitation?
What is the minimum penalty for violating a single Cal/OSHA regulation governing field sanitation?
Pesticide training is not required for employees who do not handle pesticides.
Pesticide training is not required for employees who do not handle pesticides.
Pesticide training must be taken within how many months before beginning work in the treated field?
Pesticide training must be taken within how many months before beginning work in the treated field?
Only a qualified trainer can train your field workers. What qualifies a trainer?
Only a qualified trainer can train your field workers. What qualifies a trainer?
What is the grower required to tell your workers before they enter a field?
What is the grower required to tell your workers before they enter a field?
What document are you required to give your employees before they enter a field that has been treated with pesticide?
What document are you required to give your employees before they enter a field that has been treated with pesticide?
If a worker or doctor requests pesticide records, what should it include?
If a worker or doctor requests pesticide records, what should it include?
What are common symptoms of pesticide poisoning?
What are common symptoms of pesticide poisoning?
What is Restricted Entry Interval (REI)?
What is Restricted Entry Interval (REI)?
If extra-dangerous chemicals are used, what must be posted?
If extra-dangerous chemicals are used, what must be posted?
Can the grower and FLC post and remove the warning sign (with a skull and crossbones)?
Can the grower and FLC post and remove the warning sign (with a skull and crossbones)?
When can workers enter a treated field during an REI?
When can workers enter a treated field during an REI?
Where should you report concerns regarding doubts about REI info?
Where should you report concerns regarding doubts about REI info?
What is required for you or your employees before handling pesticides?
What is required for you or your employees before handling pesticides?
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
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.
