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Basic Responsibilities: The Examination
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Farm labor contractors (FLC) are required to take California's farm labor contractor exam
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every two years. An FLC who has violated any law related to farm labor contracting must
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take the exam the year after violation or at the request of the Labor Commissioner.
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Basic Responsibilities: The License
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To contract for farm labor, you must;
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-Have and show a valid and current California farm labor contractor's license.
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-Have and show a valid and current FLC federal registration certificate from the US
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Department of Labor. || ||
-Be registered with the Agricutlural Commissioner in each county where you supply labor.
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-Have a bond for the appropriate amount posted with the Labor Commissioner.
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-Have workers' compensation insurance.
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-Disclose all people who have a financial interest in your contracting business.
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-Every year, enroll and participate in at lest nine hours of an approved FLC class, of which
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one hour should cover sexual harassment prevention.
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-Notify the Department of Labor Standards and Enforcement (DLSE) immediately of any
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changes related to the business officers, address, legal entity, partnerships, etc.
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You must not:|| ||
-Sell or transfer any part of the profits of your business unless the Labor Commissioner
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gives written consent. || ||
-Transfer your FLC federal registration certificate to anyone else.
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,Basic Responsibilities: Training Supervisors
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You must provide every crew leader, foreperson, or other person who supervises, directs, or
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controls any agricultural laborer on your behalf with information and training on the law
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governing worker health and safety, pesticide safety, the terms and conditions of
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employment, and at least two hours of training each calendar year in the prevention of
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sexual harassment in the workplace.
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Additionally, federal law requires that all your field supervisors who recruit, solicit, hire,
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employ, furnish, or transport migrant or seasonal agricultural workers be registered as Farm
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Labor Contractor Employees (FLCE) and that they be trained in pesticide safety. You are
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responsible for any violations of federal law committed by any FLCE who works for you.
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Basic Responsibilities: Recruiting Workers
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You , or any person working for you, must not make any false or misleading statements
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about the terms, conditions, or existence of employment. For example, you must not
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transport workers to a job site unless you already have agree to to supply labor there. If you
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drive workers to a job site and there is not work, you must pay them the agree upon rate of
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pay for all the time traveling to the job site and back.
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If there is a strike or lockout at the worksite, you must tell your workers about i before you
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take them there.|| ||
If your employees or the grower request it, you must provide a written statement (in
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English and in Spanish) showing the amount I of the contract fee you are racing from the
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grower and the worker’s rates of pay. || || || || || ||
, You may not charge a worker any kind of registration fee or employee not fee or tell
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workers hatch they must pay a transportation fee to get a job.
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You must post your name, FLC license number, and the pay rate for workers at the entrance
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to your vehicles.
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Federal law also requires you to post a notice of the workers’ federal rights.
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You must not contribute to or interfere with workers who are organizing a union.
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Before you hire workers, yo must tell them (1) where they will be employed, (2) the pay
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rates, (3) the crops they will work on, (4) their work duties, (5) the expected length of
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employment, (6) whether you will receive a commission for sales from a store owned by the
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grower and about the fees for (7) transportation, (8) housing, and (9) other benefits.
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Workers must not be required to purchase goods or services solely from a contractor or a
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grower or any person acting for them.
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Basic Responsibilities; Contracting with Growers
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Before you may contract to supply labor for a grower, you must show the grower your
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California FLC license and your FLC federal registration certificate.
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You must (on a form supplied by the Labor Commissioner) provide the grower with a
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payroll list of all employees who will be doing work for that grower.
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You must not split any fees with the grower or with any of his/her employees.
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