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Heat-Illness Prevention
Summary (Printed Version)...

Last Update 04/02/2006

Summary of Employment Requirements
for
California Agricultual Employers

Published: by Farm Employers Labor Service
Copyright 2008 Farm Employers Labor Service (FELS_®)

Table of Contents

Introduction

This publication is designed to give agricultural employers in California a handy reference to the major employment laws and regulations reviewed by federal and state enforcement agencies during compliance inspections. Selected other requirements are also covered.

This publication, however, does not provide a comprehensive review of all laws and regulations affecting labor and employment. Issues such as employment discrimination, taxation, and agricultural labor relations, for example, are not addressed.

Note: New or modified text from the previous year's Summary of Employment Requirements has been underlined. Click here for an index the changes.

Internet access to employment-related information is available at these Web sites:

California Web Sites
California Code of Regulations http://ccr.oal.ca.gov/
Department of Industrial Relations http://www.dir.ca.gov/
Employment Development Department http://www.edd.cahwnet.gov/
Statutory Codes http://www.leginfo.ca.gov/calaw.html

Federal Web Sites
Code of Federal Regulations http://www.gpoaccess.gov/cfr/index.html
U.S. Department of Labor http://www.dol.gov/
Federal Register http://fr.cos.com/
U.S. Citizenship & Immigration Services http://uscis.gov/graphics/
United States Code http://www.law.cornell.edu/uscode/
United States Code http://uscode.house.gov/search/criteria.php

While every effort has been made to ensure the information contained in this guide is accurate, laws and regulations, as well as policies and procedures, are subject to change. Therefore, you need to keep up-to-date on developments. You should consult competent legal counsel when complicated questions arise.

This publication is compiled from various reference sources and is designed to provide current and authoritative information on the subjects covered. It is provided with the understanding that the publisher is not engaged in rendering medical, legal, accounting or any other professional service. Farm Employers Labor Service (FELS) believes the information is correct but assume no liability for consequential or other damages attendant to the use of this publication. In no event will the liability of FELS for any claim, however designated, exceed this publication's purchase price. No claim may be maintained against FELS in any tribunal unless written notice of the claim is delivered to FELS within 30 days after its discovery.

Copyright 2008 Farm Employers Labor Service (FELS_®)
All Rights reserved. This publication may not be reproduced in whole or in part
without the express written permission of the copyright owner.

Table of Contents

Introduction
New and Updated Materials
Agricultural Labor Relations Act (ALRA)
Cal/OSHA
Child Labor
Discrimination
Employment Insurance
Farm Labor Contractors
Farm Labor Contractors Requirements
Harassment
Housing
Injury and Illness Prevention Program
Pesticides
Posters, Notices and Disclosures
Transportation
Wage-and-Hour Requirements
Working Conditions
Workers' Compensation

• Cal/OSHA Safety and Health Requirements

° Cal/OSHA Consultation Service

° Injury and Illness Reporting

° Injury and Illness Prevention Program

° Field Sanitation

· Alternative Compliance

· Drinking Water Requirements

· Toilet and Handwashing Facilities

· Maintenance Standards

· Handwashing facilities

· Notice to Employees

· Required Reports

° Recordkeeping

° Weeding, Thinning and Hot-Capping

° Heat-Illness Prevention

° Personal Protective Equipment (PPE)

° Personal Protective Equipment Checklist

° First Aid and CPR

° Cleaning, Repairing, Servicing, and Adjusting Machinery and Equipment

° Operation of Agricultural Equipment

° Transporting of Employees

° Manual Lifting and Carrying

° Tree Work and Pruning Operations

° Working at Heights

° Mounted Air Compressors and Air Tanks

° Emergency Action Plan

° Fire Prevention Plan

° Access to Medical and Exposure Information

° Hazard Communication Program

° Respiratory Protection

° Storage of Hazardous Substances

° Top 10 Cal/OSHA Violations in Agricultural Operations

° Other Safety Issues

· Safety Training

· Specific Training Requirements

· Hearing Conservation:

· Ergonomics standard

· Tractor Roll Over Protection

Injury and Illness Prevention Program

• Formula for Improved Injury Prevention

• Steps to Successful Compliance

° Identify the person or persons

° Responsibilities of the Safety Coordinator

° Include a system for ensuring that employees comply

· Safety Compliance Program

° Communicating with Employees

° Identifying and Evaluating Workplace Hazards

° Safety Incident Investigation

° Training and Instruction

° Other Safety Records

• Pesticide Safety Regulations

° Employer/Employee Responsibilities

° Hazard Communication

° Labels and Other Warnings

° Emergency Medical Care

° Restricted Entry Interval

° Early Entry Requirements

° Respiratory Protection

° Pesticide Postings

Wage-and-Hour Requirements

• Minimum Wage

° State Exceptions

° Waiting Time

° Preparation Time

· IWC Order No. 4

· IWC Order No. 8

· IWC Order No. 13

· IWC Order No. 14

° Overtime Rules under Order No. 14

° Overtime Rules under Order Nos. 4, 8 and 13

° Which IWC Order Applies?

° Working Under Two IWC Orders

· Federal Complication

· Winery Employment

· Cold-Storage Activities

· Figuring Overtime Pay

· Workweek Defined

· Workday Defined

• Overtime Exemptions - State

° Executive, Administrative or Professional Employees

· Executive Exemption

· Administrative Exemption

· Professional Exemption

° Outside Salespersons

° Commissioned Inside Salespersons

° Truck drivers

° Parents, spouse or children

° Part-Time Employees

° Make-Up Time

° Truck drivers

· Federal Provisions

· State Provisions

° Weekend or Holiday Overtime

° Piece Rates and Commissions

° Non-Exempt Salaried Employees

° Overtime Exemption Checklist

• Recordkeeping and Payroll

° Statement of Wages

° Recording Hours Worked

° Payroll and Related Records

° Job Applications; Personnel Files

° Checklist of Forms and Reports

° Workday and Workweek

° Inspection and Copying by Employees of Personnel Files:

° Inspection and Copying by Employees of Payroll Records:

° Workers employed by farm labor contractors

° Employees boarded and lodged

° All other agricultural employees

° Executive, administrative and professional employees

• Payroll Deductions and Offsets Against Wages

° Discharged or Laid Off

° Quitting Employee

° Waiting-Time Penalty

Working Conditions

• Rest Periods

• Meal Periods

° Rest-Period and Meal-Period Chart

• Day's of Rest

• Lactation Accommodation

• Reporting-to-Work Pay

• Uniforms and Tools

• Personal Protective Equipment - Indemnification

• Severance Pay

• Pension Plans

• Medical Insurance and Life Insurance

• Disability Leaves of Absence

° Work-Related Injuries and Illnesses

° Pregnancy Disabilities

• Personal Leaves of Absence

• Leaves of Absence

° Time Off for Crime Victims

° Emergency Duty as a Volunteer Firefighter

° Time Off to Participate in a Child's Daycare-Facility or School Activities

° Time Off to Appear at School at School's Request

° Time Off to Vote

° Drug and/or Alcohol Rehabilitation

° Literacy Assistance

° Temporary Military and/or Reserve Duty Leave

° Military-Spouse Leave

Farm Labor Contractors

• Responsibilities of a Grower Using an FLC

• Independent Contractor Reporting

• Land-Management Services

• Migrant and Seasonal Agricultural Worker Protection Act (MSPA)

° Coverage Under the MSPA

· Employer Coverage

· Farm Labor Contractor Coverage

· Employee Coverage - Migrant or Seasonal Agricultural Workers

· Additional Definition of Terms

· "Migrant agricultural worker" exemption

· "Seasonal or other temporary basis" defined

· "Field Work" defined

· "Seasonal or other temporary basis" does not include

· "Seasonal agricultural worker" does not include

° Overview of MSPA Requirements:

° Joint Employer Relationship

° MSPA Requirements for Farm Labor Contractors

° MSPA Requirements for All Entities

° Contracts for Labor or Services

° Private Right of Action

Farm Labor Contractor Requirements

• Checklist of Farm Labor Contractor (FLC) Requirements

• Employer Tax Registration Requirements

° California Employer Identification Number

° California Franchise Tax Board

° Internal Revenue Service (IRS)

• Insurance and Bonding Requirements

° Workers' Compensation Insurance Coverage

° Vehicle Liability Insurance

° Farm Labor Contractor Bonding

• Farm Labor Contractor Registration and License Requirements

° Federal Registration

° State Farm Labor Contractor License Requirements

· State License

· Responsibilities of a Grower or FLC Using an FLC

· Farm Labor Contractor Examination

· Continuing Education

• Laws Relating to Farm Labor Contractor Employment of Employees

° FLC Supervisors

° Worker Recruitment

° Grounds for Losing a Farm Labor Contractor License

° Penalties for Failures to Pay Wages

• County Agricultural Commissioner Registration

• Independent Contractor Reporting

• Land-Management Services

• Migrant and Seasonal Agricultural Worker Protection Act (MSPA)

° Coverage Under the MSPA

° Overview of MSPA Requirements:

° Joint Employer Relationship

° MSPA Requirements for Farm Labor Contractors

° MSPA Requirements for All Entities

° Contracts for Labor or Services

° Private Right of Action

Workers' Compensation

• Employee Exclusions

• Responsibilities of Employers

• Reportable Injury

• Notice of Injury by Employee

• Employee Claim Form

• Form to Indicate Physician or Chiropractor

• Disability Benefit Payments

• Medical Treatment

• Premium Calculations

• Traveling To or From Work

• Exclusive Remedy; Exceptions

• Serious and Willful Misconduct

• Illegally Employed Minors

• Discrimination - Labor Code Section 132a

Employment Insurance

• Unemployment Insurance

° Covered Employers

° Experience Rating

° Employer Account Number

° Required Records

° Time Limits of Records

° Posting and Notice Requirements

° Written Notice to Employee

• Disability Insurance and Paid Family Leave

° Benefits of California SDI Coverage

° Paid Family Leave Program

• Work Permits

• Agricultural Zone of Danger

• Child Labor Summary

° Exemption for One's Own Children

° Minimum Age Standards Generally

° Permits to Work and to Employ

° Recordkeeping

° Hours of Work

° Spread of Hours

° Restricted and Hazardous Occupations

° Posting of Notice

° Citations and Penalties

° Posting Requirement

• Transportation of Employees

• Interstate Commerce Act (ICA) Regulations

• Migrant and Seasonal Agricultural Worker Protection Act (MSPA)

° FLC Transportation of Workers

° Vehicles covered under regulations developed by DOL

° Exempt vehicles

° Rules Which Apply to All Vehicles

° Vehicle Insurance Requirements

° Vehicle Safety Regulations Developed by the DOL

• State Statutes and Regulations

• Farm Labor Vehicles

• Vehicle Inspections

• Vehicle Drivers

° Farm Labor Vehicles

° Farm Labor Vehicle Equipment

° Pickup, Flatbed and Dump Trucks

° Carrier or Employer Responsibility

• Liabilities Relative to Transportation

• Tractor-Driver Licensing Requirements

° Transporting Employees

° Operation on Public Highways

• Transportation Provided by Supervisors

• State Coverage

° Cal/OSHA Requirement

° Fees for Permits and Inspections

° Prohibitions

• Federal Coverage

Agricultural Labor Relations Act (ALRA)

• Agricultural Labor Relations Board (ALRB)

• Coverage under the ALRA

• Definitions

° Agricultural Employer

° Farm Labor Contractor

° Agricultural Employees

° Concerted Activities

° Unfair Labor Practice

• Union Elections

• Union Access

• Unfair Labor Practices

• Strikes, Picketing and Economic Boycotts

• Remedies for Unfair Labor Practices

• Discrimination - General Background

• Protected Categories and Definitions

° Ancestry, Race, Color and National Origin

° Sex Discrimination

° Supervisor Harassment Training

° Sexual Orientation

° Gender Identity Discrimination and Harassment:

° Pregnancy, Childbirth, and Related Medical Conditions

° Marital Status

° Age Discrimination

° Disabilities

° Pre-Job-Offer Inquiries

° Post-Job-Offer, Pre-Employment Medical Examinations

° Employee Examinations

° Alcohol and Other Drugs

° Religious Discrimination

° Discrimination -- Other Laws

· Privacy In Employment

° Reporting Requirements - EEO-1

° Employee's Off-Work Activities

• Types of Sexual Harassment

° Quid Pro Quo

° Hostile or Offensive Work Environment

• Duty to Prevent Sexual Harassment by Non-Employees

Required Posters, Notices and Disclosures

• Wages and Hours--Federal

• Wage and Hour Regulation--State IWC Orders

° Industrial Welfare Commission

° Pay Day Notice

° Rate of Compensation

• Migrant and Seasonal Agricultural Worker Protection Act (MSPA)

° General MSPA Poster

° Worker Information

° Housing Terms and Conditions

• Employment of Minors

• Employment Development Department

• Equal Employment Opportunity is the Law

° Equal Employment Opportunity is the Law

° Family and Medical Leave Act (FMLA)

• California Fair Employment and Housing Commission (FEHC)

• Time Off to Vote

• Housing and Meals

° Safety and Health Protection on the Job

° Cal/OSHA's recordkeeping requirements

° Field Sanitation Facilities

° Access to Medical and Exposure Records

° Material Safety Data Sheets (MSDS)

° Agricultural - Industrial Tractors

° Operating Rules for Industrial Trucks

° Handwashing Water

• California Safe Drinking Water and Toxic Enforcement Act

• Pesticide Postings

° Pesticide Postings

° Posting of Pesticide Storage Areas

° Emergency Medical Care

° Emergency Medical Services

° Field Postings

° Application-Specific Information for Field Workers

° Pesticide Safety Information Series A-8

° Pesticide Safety Information Series A-9
• Workers' Compensation

° Notice of Compensation Carrier

° Off-Duty Recreation

° Written Notice to New Employees

• Employee Polygraph Protection Act

• Whistleblower Hotline

• Uniformed Services Employment and Reemployment Rights Act (USERRA)

• Checklist of Required Notices & Disclosures

° Pre-Employment

° At Time of Hire

° Terminations

New and Updated Materials

The following items have been added or updated since the last edition of the Summary of Employment Requirements:

Pesticide Respiratory Protection

Minimum Salary for Exempt Employees

Outside and Commissioned Salespersons

Social Security Number On Paycheck Itemization

Inspection of Personnel Records

Proper and Improper Deductions

Final Pay Exceptions

Military Spouse Leave

WC Premium Rate

Vehicle Driver Licenses

Farm Labor Vehicle - Seatbelts

Tractor Driver Requirements

Earned Income Tax Credit

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Note: New or modified text from the previous year's Summary of Employment Requirements has been underlined.

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