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AB-1503 Farm labor contractors.(2017-2018)

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Date Published: 05/10/2017 09:00 PM
AB1503:v97#DOCUMENT

Amended  IN  Assembly  May 10, 2017
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 1503


Introduced by Assembly Member Aguiar-Curry

February 17, 2017


An act to amend Section 1682.5 1682.4 of the Labor Code, relating to farm labor contractors.


LEGISLATIVE COUNSEL'S DIGEST


AB 1503, as amended, Aguiar-Curry. Farm labor contractors.
Existing law provides for the licensing and regulation of farm labor contractors by the Labor Commissioner. Existing law specifies that nonprofit corporations and organizations, with respect to certain services performed for their members, are not subject to farm labor contractor licensing requirements. Existing law defines “farm labor contractor” for purposes of these provisions and excludes a commercial packing house, as specified, from the definition.
This bill would also exclude a nonprofit organization, for the purposes of organization that is engaged in administering an accredited apprenticeship program, as specified, from the farm labor contractor licensing requirements. definition of “farm labor contractor.”
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1682.4 of the Labor Code is amended to read:

1682.4.
 “Farm labor contractor” does not include a include:
(a) A commercial packing house engaged in both the harvesting and the packing of citrus fruit or soft fruit for a client or customer.
(b) A nonprofit corporation that is engaged in administering an apprenticeship program approved by the Division of Apprenticeship Standards and that serves as the employer of record of the apprentices in the program. This subdivision does not excuse any employer, including the nonprofit organization, from complying with the requirements of this code applicable to employers, or excuse any other person or entity, other than the nonprofit organization, from complying with the requirements of this chapter, applicable to farm labor contractors.

SECTION 1.Section 1682.5 of the Labor Code is amended to read:
1682.5.

This chapter does not apply to:

(a)A nonprofit corporation or organization with respect to services specified in subdivision (b) of Section 1682, which are performed for its members.

(b)A nonprofit organization for the purposes of administering an accredited apprenticeship program.

(c)Any person who performs the services specified in subdivision (b) of Section 1682 only within the scope of his or her employment by the third person on whose behalf he or she is so acting and not as an independent contractor.