Online Job Center for the Produce Industry, Agriculture and Food Industry
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Ag Law - Employment |
Online Job Center for the Produce Industry, Agriculture and Food Industry
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Ag Law - Employment |
KEY EMPLOYMENT REQUIREMENTS FOR AGRICULTURAL WORKPLACES
Federal and state laws and regulations set minimum employment standards for agricultural workplaces. Those standards are numerous and complex.
This checklist covers many of them. It does not list every rule and may include
some that do not apply to you, however; you should therefore consult an
employment law attorney or consultant for more details.
Index:
* Employer must have a workers' compensation insurance policy or be permissibly
self-insured
* Workers' compensation notice must be posted and given to employees
* Employment Development Department registration number
* Internal Revenue Service employer identification number
Employment Eligibility Verification
* Must verify on INS Form I-9 the eligibility of every newly-hired employee to
work in the United States
* Minors below age 12 may neither work in agriculture nor be near moving
equipment or unprotected chemicals or water hazards (grower's children excepted)
* Permits to Work and Permits to Employ must be on file for at least 3 years for
older minors (grower's children and high school graduates excepted)
* Limits on hours of work must be observed (grower's children excepted, but must
attend school when in session)
* Minors below age 18 may not mix or load certain pesticides
* Minors below age 16 may not work in hazardous agricultural occupations
(example: near moving machinery) (grower's children excepted)
* Minor children notice must be posted
* Property owner who benefits from a minor's employment and who knowingly allows
child labor violations to occur is liable for them, even if not the minor's
employer
* Verify that FLC is federally registered and state licensed (best way: get and
keep a photocopy of each document)
* Keep for at least 3 years a copy of FLC's payroll records for FLC crews
supplied to grower
* Grower who is a joint employer of FLC's employees or who uses an unlicensed
FLC is liable for FLC's violations
* Recommended: Have FLC direct his workers' compensation carrier to send you a
certificate of insurance
* Other IWC orders as applicable
- 4 (e.g., clericals of an employer whose only other
employees are covered by Order 14
- 8 (post-harvest handling of commodities not produced by the
employer, usually including its clericals)
- 13 (post-harvest handling of commodities produced only by
the employer, usually including its clericals)
* Migrant and Seasonal Agricultural Worker Protection Act poster
* Employee Polygraph Protection Act poster
* California nondiscrimination poster (5 or more employees)
* Federal nondiscrimination poster (15 or more employees)
* Federal Minimum Wage poster
* Cal/OSHA: Safety and Health Protection on the Job; Form No. 200;
others as applicable, based on activities
* Industrial Welfare Commission (IWC) Order 14 (ag occupations)
* In general, all nonexempt employees must be paid at least $5.75/hr no matter
whether wages are earned on an hourly, piece-rate, commission or salary basis
* Piece-rate earnings are averaged over a workweek to determine whether minimum
wage is achieved
Housing and Meals Credited Against Minimum Wage
* Employee must authorize in writing
* IWC orders limit credit amounts
* Almost all nonexempt employees--even those paid a salary or by piece
rate--must receive overtime premium pay
* IWC Order 14
- Hours over 10 in a workday and first 8 hours on 7th day of
work in a workweek: 1 1/2 times regular pay rate (RPR)
- Hours over 8 on 7th day of work in a workweek: 2 times RPR
* IWC Orders 4, 8 and 13 (and most others)
- 9th-12th hours in a workday, hours over 40 in a workweek,
and first 8 hours on 7th day of work in a workweek: 1 1/2 times RPR
- Hours over 12 in a workday and over 8 on 7th day of work in
a workweek: 2 times RPR
* Exceptions
- Irrigators (over 1/2 of time worked in a workweek)
- Drivers of certain large trucks (generally, weighing at
least 6,000 lbs. with 3 or more axles)
- Certain part-time agricultural employees (up to 6 hours in
a workday and 30 hours in a workweek)
* Caution: An employee who during a workweek processes, packs or
otherwise handles after harvest any amount of any commodity not produced by his
employer must be paid 1 1/2 times RPR for all hours worked over 40 in that
workweek, even if most of the employee's work is agricultural
Deductions not mandated by law require employee's written authorization
* At least semimonthly (exception: at least weekly for FLC employees)
* Immediately upon discharge or layoff
* Within 72 hours after voluntary quit
Itemized Statement given to employee with wage payment
* Employee name and social security number
* Basis on which wages are paid (for example, "$5.75/hr." or
"$.20/vine pruned")
* Total hours worked
* Number of piece work units produced (if applicable)
* Total pay period earnings
* Purpose and amount of any sum withheld
* Net pay
* Employer's name, address and IRS employer ID number
* Inclusive dates of pay period
* Employer's name and address
* Employee's name, record identifier (if any), permanent address, sex,
occupation, social security number and, if under age 18, birthdate and
designation as minor
* Day and time when workweek starts
* Starting and ending times of each work period (meal periods in which
operations stop and mandatory rest periods excluded)
* Number of piece work units produced, if applicable
* Total hours worked each workday, workweek and payroll period
* Date, purpose and amount of any sum withheld from or added to wages
* Net pay
* Total pay period earnings, including value of board, lodging or other
compensation
* Basis on which wages are paid (for example, "$5.75/hr." or
"$.20/vine pruned")
* Pay date and period payment covers
* Keep records for at least 3 years; but it's prudent to keep them for 4 years
to defend claims under state's unfair competition laws (Business &
Professions Code sections 17200-17209)
* Half of usual day's pay (at least 2 but not more than 4 hours) for employee
who reports for work but is given less than 1/2 of usual day's work; most
typical exception is for an Act of God or other cause beyond employer's control
* Employer must provide and maintain required or necessary tools and equipment
for employees earning less than twice the minimum wage
* Funds securing return of equipment deposited in a joint bank savings account
* Deduction from employee's final pay for lost equipment allowed only upon
employee's prior written authorization and only where loss is due to employee's
dishonest, willful or grossly-negligent act
* Allow a 30-minute unpaid meal period in a 5-hour work period; employer and
employee may waive it if a work period of 6 or fewer hours will complete day's
work; employer and employee may agree to on-duty paid meal period if task
requires it
* Allow a 10-minute paid rest period per 4 hours of work or major fraction
thereof, based on total workday hours; none required if employee works under 3
1/2 hours in a workday
* Licensing of drivers
* Vehicle safety standards and inspection stickers
* Inspections and permits under state Employee Housing Act if 5 or more
employees are housed
* Compliance with federal housing standards for migrant agricultural workers
* Federal migrant agricultural worker housing poster
Field Sanitation in hand-labor operations
* Toilet Facilities
- Crew with 1-4 employees: one toilet, even if a mixed-sex
crew
- Crew with 5 or more employees: one toilet per 20 employees
of each sex, or fraction thereof
- Toilet paper in suitable holder
- Screened
- Chemical toilet waste water tank must be able to hold at
least 40 gallons and must contain effective odor-control and
solid-liquefying chemicals
- Keep service & maintenance records for at least 2 years
* Handwashing Facilities
- One per 20 employees or fraction thereof
- Water tank must be able to hold at least 15 gallons and be
refilled with potable water as necessary
- Soap and single-use towels provided
- Sign posted stating: This water is for handwashing only
* Toilet and Handwashing Facilities
- Located near each other
- Within a 1/4-mile or 5-minute walk of employees, whichever
is shorter; where terrain prevents this, then at the point closest to vehicular
access
- Ventilated and rigidly-constructed, with self-closing
doors, lockable from inside
- Inside surfaces must be nonabsorbent, smooth,
readily-cleanable, and light-colored
- Clean and sanitary
- Alternative compliance: May provide transportation
to facilities if: (1) employees are performing fieldwork for under 2 hours
(including transportation time) or (2) 4 or fewer employees are engaged in
hand-labor operations on a given day
* Drinking Water
- Pure, cool water must always be readily available
- Dispensed by fountain or single-use cups
- Container must be covered, protected and kept clean
* Good hygiene practices notice
Other Safety and Health Requirements
* Written Injury and Illness Prevention Program
* Written Hazard Communication Program
* First-aid kit and person trained in its use
Migrant and Seasonal Ag Worker Protection Act Disclosure
* Disclose this information in writing to a recruited migrant or seasonal
day-haul agricultural worker when the worker is recruited and to a seasonal
agricultural worker upon the worker's request when the worker is offered
employment:
- Place of employment, including employer's name and address
- Wage rates (including piece rates) to be paid
- Crops and activities the worker may be employed in
- Period of employment
- Any transportation, housing and other benefit to be
provided, and any cost to be charged for them
- Workers' compensation and unemployment insurance
- Existence of any strike or other concerted work stoppage
- Existence of any arrangement under which the grower or FLC
receives a commission or other benefit from sales to workers
- Workers' compensation carrier and policyholder information
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