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FELS® Services

• Annual Subscription Services
• Bilingual - Labor Management Consultant Services
• LMC Services - AgAlert® Article 2004
• LMC Services - AgAlertt®2001 Article
• LMC Ventura Count Farm Bureau Article 2004
• Group Legal Services Plan
• Pesticide Training Services
• Personnel Audit & Employee Handbook Service
• Sexual Harassment Training
• Safety Training
• Supervisor Training
• Training Fees

Annual Subscription Service

The Farm Employers Labor Service (FELS) is a subscriber organization affiliated with the California Farm Bureau Federation. FELS has assisted subscribers in complying with labor laws and avoiding labor relations problems since 1970. The goal of FELS is to assist subscribers in avoiding costly labor management mistakes.

Subscriptions to FELS are available primarily to those with agricultural, horticultural, or other business operations.

Subscriber Services:

Subscriber have access to many labor management services:

• Informative Monthly Newsletter
• FELS Group Legal Services Plan
• FELS Hotline, Labor Answering Service
• Bilingual Labor Relation Services
• Safety Programs and Related Services
• Pesticide Instructor Training
• Union Avoidance Services
• Training Programs for Supervisors
• Personnel Audit and Employee Handbook Development
• Employment Forms and Supplies
• Discounts on FELS Personnel Management Materials

More specifics on FELS Services

How to Subscribe:

Subscriptions to FELS are available for $350 (Farm Bureau members only pay $250) per year. If you are interested in participating with a large number of agricultural employers to achieve "strength through organization," request more information by e-mailing us at FELS@fels.org.

Or, subscribe online:
Subscribe to FELS On-line $350
Subscribe to FELS On-line - Farm Bureau Member $250

Legal Services Program Offered to FELS Subscribers

Farm Employers Labor Service subscribers can get legal assistance from two of California's leading labor- and employment-law firms under the FELS Group Legal Services Plan. FELS, a California Farm Bureau Federation affiliate, has an agreement with Barsamian & Moody, PC, The Employers' Law Firm sm and Cook Brown, LLP, under which the firms will provide agricultural employers who are FELS subscribers with legal help on workplace issues.

"We aim to provide great value to FELS subscribers, and these agreements fit with our commitment of quality service to our subscribers." saud Doug Mosebar, president of both CFBF and FELS.

FELS, headquartered in the California Farm Bureau Federation building in Sacramento, has served agricultural employers with management consulting, information and training materials since 1970. FELS subscribers can tap into the group legal services program wherever they are located in the state.

FELS refers subscribers calling its hotline to one of these two firms so they can obtain legal advice quickly and affordably as issues arise. This program offers our subscribers well-recognized expertise in all areas of labor and employment law. Each FELS subscriber is entitled to one free hour of legal consultation annually on labor and employment matters. Additional legal services are provided at a discounted rate that is at least 20 percent less than the firm's regular fees.

Barsamian & Moody is based in Fresno and has offices in Sacramento, Salinas and Visalia. Cook Brown, LLP, is based in Santa Ana and has offices in Sacramento and Salinas.

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Labor Management Consultant Service

Agricultural employers are faced with the same labor relations problems as other types of employers. In some ways these pressures are even greater because of the seasonality of the industry.

Unfortunately, it is not economical to hire an experienced, full-time person assigned solely to personnel matters. Add to this the language and cultural differences between employers and employees and the job becomes even more insurmountable.

The FELS Labor Management Consultant (LMC) Service fills this gap by providing employers with an economical alternative. The LMC service approaches Ag Labor Relations on three fronts: (1) improving communications; (2) labor law compliance; and (3) personnel relations program (P.R.).

Benefits of a LMC

The first and most important benefit of the LMC service is reducing cost. It is well documented that the LMC service has saved literally thousands of dollars for LMC clients. For instance, savings have resulted from lowering an employer's workers' compensation rates due to improved safety awareness and training. Other cost savings have resulted from detecting ghost employees, reducing labor commissioner complaints and fines, and improving work procedures. Growers have found it easy to justify the LMC program for these factors alone.

Second, as a result of improved communications it is likely a LMC client will experience labor problems. Differences between people cannot be resolved unless they are able to openly discuss them. Not only is language a barrier, but also being in a subordinated relationship will affect open communications. In labor relations terms, "it is better to know, than to be comfortable."

Additionally, LMC clients are providing their employees with a very economical and tangible fringe benefit. Dollar for dollar, the return on a company's investment in the LMC program can provide clients with an employee motivator which is less costly than other traditional programs such as medical insurance, vacation pay or sick leave benefits.

The bottom Line:

The reason you are in business is to make a profit. To achieve this objective you need to depend on your employees to do a myriad of jobs which concludes in selling a profitable product. If these employees are not satisfied with their employment, the process of making a profit will be hampered. The LMC service insures that this process is enhanced and that you minimize the potential liabilities along the way.

Give us a call when you are ready to step up your business's efficiency.

Request more information by e-mail at: FELS@fels.org

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Farmers have ally in handling labor issue

By Jim Morris
CFBF Communications/News Division

A typical day tending to his crops spans 14 hours and many challenges for Benny Jefferson, though the Monterey County farmer says he could not do it without John Barrientos.

Barrientos is a labor management consultant for the Farm Employers Labor Service, an affiliate of the California Farm Bureau. Created 30 years ago, FELS strengthens the working relationship between farmers and field workers and helps farmers comply with labor and employment laws. FELS has seven labor management consultants working with farmers in California and Oregon.

Barrientos works with about 50 farmers covering a large part of the Central Coast area. "With the new rules and regulations that get more complicated every year, you have to have someone like John helping," Jefferson said. "The professionalism, the courtesy, the detail he gets into his work with, he goes the extra mile for us."

The need for a third party to help growers sift through regulations increases along with the number and complexity of laws governing farming. For example, FELS has a summary of the state and federal rules and regulations pertaining to agricultural labor that is 2 1/2-inches thick.

Successful farmers must possess many skills and have a lean work force. Consequently, employees often must perform a variety of tasks. Growers who cannot afford a full-time personnel department can find the help they need from FELS and at a fraction of the cost.

Driving is a big part of the workweek for Homero Mendiola, who has been with FELS since 1980. With clients spread between Bakersfield and Watsonville, Mendiola said it is common for him to put 5,000 miles on his car in a month.

Mendiola finds great satisfaction in helping maintain smooth operations on farms. "A lot of farmers would be in trouble without us," Mendiola said. "We are constantly doing a lot of safety training to keep growers in compliance with pesticides, tractors and forklifts.

"I have the opportunity to help a lot of farmworkers," Mendiola said. "I help them with advice, filling out forms, such as tax, Social Security and others. Getting involved with people and helping them is how I have earned the trust of employees."

Max Curiel has been a labor management consultant for five years. He works with about 35 farmers from Monterey to Mendocino County. His expertise includes bridging the gap between growers and Spanish-speaking workers, training in pesticide applications, forklift operation, irrigation safety and first aid. Curiel is certified by the American Red Cross to provide CPR. His clients grow a variety of crops, including winegrapes, row crops and nursery plants.

"We carry a message to the farmworker and the grower about safety and treatment of workers," Curiel said. "The grower appreciates everything that is done for them because of the language barrier between them and the workers. "Agriculture can be dangerous," Curiel said. "We make sure that everybody not only understands but sees the dangers that exist and some of the things that they take upon themselves that could be dangerous to life and limb. We explain what they should and should not do.

"Sometimes workers think that everything is so easy to do and they pick up bad habits," Curiel said. "We make them see what these bad habits can cause­it opens up their eyes that the body is not going to win against a piece of steel."

Farmworkers, he said, need to keep safety in perspective. "They need to understand they are here for a reasonto work and support a family. If the breadwinner is gone, think of the consequences that not only your family faces, but also the employer and your co-workers."

A Curiel client says FELS safety training has more than paid for itself since they improved safety programs. "I needed help and guidance in getting up to speed on farm standards and how I needed to comply with things," said Peter Figge, vineyard manager of Stonewall Canyon Vineyards in Soledad. Curiel was brought in late in 1997 and has improved the transition. "Max helped me line up everything, including standard safety procedures, any specialty training that comply with county and state regulations," Figge said.

The difference since working with Max is "night and day," Figge said. "I would have been lost without FELS' help. I could have tried to achieve the same thing by reading through all of the compliance issues, but having somebody that knows exactly what's happening, having procedures already in place and can come in and do what needs to be done is the best money I've ever spent on compliances."

Figge said benefits from FELS include ensuring employers stay on top of the latest changes in labor laws. "The pamphlets that are sent out by FELS keep up to speed on what is coming down the pipe, how to comply with that, what's going to come up and what we can do to be proactive."

Figge said employer-employee relations are more positive since Max assisted the farm. "The interaction with employees has been improved," Figge said. "They have somebody else besides myself asking them if there's anything wrong; somebody separate from the company. Workers seem to feel that if they tell me that something's wrong that their job is in jeopardy. They feel better talking directly with a FELS representative."

After more than 15 years of human resources and safety work, Ernie Garcia began work as a labor management consultant this year. Garcia called understanding the culture of farmworkers one of the most important aspects of his work. "The more you understand the culture of the people that you are working with, it goes a long way in understanding how they deal and perceive the company and how they react to situations within the company," he said.

"It's good to have good human relations skills and approach people with honesty and respect," Garcia said. "These values enable you to communicate well with people."

Garcia handles more than two dozen clients. His social services work at Monrovia Nursery "makes it possible for our employees to resolve personal concerns at an early stage," according to Hilda Nunez, human resources manager for the nursery's Visalia office. Nunez added Garcia's work with employees "allows them to focus on their jobs, which improves overall work quality and safety."

As important as the labor management consultants are for compliance and safety, they provide another benefitpeace of mind. The consultants are similar to firefighters in that they are at the ready to help growers if a fire, in this case a labor crisis, arises.

Barrientos described his job as "being the eyes and ears of the clients with their workers and establishing a bridge of communication between the grower and workers." Beneficial to both sides: "The idea of the program is to avoid problems including unions or work stoppages.

"It's a real big thing because obviously you're going to have a third party now that you're going to deal with," Barrientos said. "You no longer have that direct communication with the worker. It's a lot easier to run an operation when you can deal directly with your workers. The minute a third party comes in such as a union, all of a sudden you have a contract that dictates your relationship. For every little issue that comes up, you have to talk to the union first before you can implement it."

The bilingual skills of the labor management consultants help ensure effective communication on the farm. "That's probably one of the biggest issues that we run into," Barrientos said. "We find out that the grower thinks he's communicating with the workers and the workers have no way to communicate to the grower what their concerns are."

"Sometimes the language barrier is hard to break but one way or another we're able to communicate with them," Curiel said.

Labor management consultants are one aspect of the FELS program. FELS also offers a monthly newsletter chronicling the latest laws and court decisions affecting agricultural employers, access to a toll-free FELS employee hotline, legal consultation on labor issues, discounted employment forms and safety materials and savings on seminars, workshops, training videos and promotional items.

FELS can be reached at (800) 753-9073 or on the Internet at Working in such a large geographical area and with such diverse issues has its challenges but Curiel said he has a good feeling at the end of the workday. "It's fun because we're out there in the fields with the workers. They are professionals in their own way and we are in our way. Communication is the big thing."

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DPR Authorizes FELS to Conduct Pesticide Instructor Training

Department of Pesticide Regulation (DPR) List of Authorized Pesticided Train-the-Trainer Courses

DPR T3 Trainer Requirements

What is Pesticide Instructor Trainer Training? (i.e. T3 Training)

Agricultural employers must train in pesticide safety employees who handle (mix, load or apply) pesticides or who enter pesticide-treated areas. The instruction can be conducted only by certain qualified persons, such as certified commercial applicators, certified private applicators, and persons who have completed an "instructor trainer" program authorized by the California Department of Pesticide Regulation (DPR). See CCR, Title 3, §6724(f)(5)(B) & §6764(e)(7)

While employers with a private applicator license or a commercial applicator license qualify as trainers, many employers cannot conduct the training effectively because they are not fluent in Spanish, or they may want to delegate the training task to another person in their operation.

To help employers meet their pesticide-training requirements, Farm Employers Labor Service (FELS) can conduct Pesticide Instructor Training seminars, as it is authorized by the DPR to conduct.

After completing this course, participants are authorized to conduct fieldworker and/or pesticide handler training. In turn, instructors completing this training program can issue the EPA worker training verification card (“Blue Card”) to workers they have instructed in pesticide safety. They can also train pesticide handlers as required by DPR regulations.

Included in the FELS training program is a certificate of completion and a FELS Pesticide Train the Trainer Instructor's Manual.

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Personnel Audit and Employee Handbook Service

A personnel audit is a thorough review of the labor standards which governmental agencies examine during a compliance inspection. These agencies include:

• Department of Labor-Wage and Hour Division
• Division of Labor Standards Enforcement
• Equal Employment Opportunity Commission
• Agricultural Labor Relations Board
• Division of Occupational Safety and Health Administration (OSHA)

What is Audited?

Personnel Audit Checklist

When conducting a self audit you and a FELS consultant will review:

• Minimum wage and overtime requirements
• Payroll a nd pay day compliance
• Labor contractor records
• Housing, labor camps, meals
• Hiring procedures
• Termination procedures
• Tax withholding, deductions
• Leave of absence policies
• Fringe benefits, vacations, etc.
• Governmental postings
• Safety programs and procedures
• Pesticide requirements
• Child labor laws
• Workers' Compensation Insurance
• Discrimination in employment

How Would You Benefit from Developing an Employee Handbook?

Agricultural employers have benefited from using an employee handbook in the following ways:

• Avoiding costly penalties and payment of back wages.
• Improved payroll procedures.
• Better relations with employees due to more consistency in handling problems.
• Taking control of the employment relationship--right to terminate at-will.
• Improved safety program.

Who, What and When

WHO. . .

George Daniels is the Executive Vice President of Farm Employers Labor Service (FELSsm), an affiliate of the California Farm Bureau Federation. Since 1975 Daniels has consulted with agricultural employers in the areas of personnel management and labor relations. As a consultant he has also conducted a wide range of programs on labor law compliance, managing agricultural employees, improving supervisorial skills, avoiding labor unrest, managing ALRB election campaigns, and OSHA compliance.

 

 

 

 

 

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Sexual Harassment Training for Supervisors

Sexual Harassment FAQ

Each session will cover these topics:

• Information and practical guidance on the federal and state laws prohibiting sexual harassment, laws requiring prevention against sexual harassment, and laws requiring correction of sexual harassment;
• Remedies available to victims of sexual harassment; and
• Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation.

Or call (800) 753-9073.

Sexual Harassment FAQ

Here are some questions and answers on this topic.

• Coverage
• Multi-Employers
• Qualifications of the Trainer
• What Should Employers Do?

Coverage: Q: Do part-time or seasonal employees count toward the 50-employee coverage threshold?
A: Yes.

A regulation promulgated by the California Fair Employment and Housing Commission (FEHC) defines "regularly employing" in the context of discrimination in employment as "employing five or more individuals for each working day in any twenty consecutive calendar weeks in the current calendar year or preceding calendar year."

The California Supreme Court ruled in a 1992 case, Robinson v. Fair Employment and Housing Commission, that all persons whose names appear on an employer’s payroll are to be counted as employees for each week that their names appear there, even if they do not work every day of the week.

Multi-Employers: Q: Is an employer that by itself does meet the 50-employee coverage threshold nonetheless covered because it is related to one or more other employers that individually or collectively do meet that threshold?

A: It depends on the nature of the relationship.

Where it can, the California Department of Fair Employment and Housing follows federal case law in construing coverage under the state law, the Fair Employment and Housing Act. In Morgan v. Safeway Stores, Inc., the Ninth U.S. Circuit Court of Appeals declared that it treats two entities as one if they have: interrelated operations; common management; centralized control of labor relations; and common ownership or financial control.

Despite the coverage threshold, many practitioners and business groups recommend that employers perform anti-harassment training no matter how many employees they may have. Whether a company is small or large, one of the best defenses to a harassment charge is that is has a good training program for supervisors. And even before this new requirement was enacted, the federal Equal Employment Opportunity Commission’s guidelines included supervisor training.

Qualifications of the Trainer: Q: Who can perform the supervisor training? Does the person have to have a certification?

A: The law says the training "shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation." The law does not require the trainer to have a specific certification or profession.

On the other hand, the trainer can’t just read some sexual harassment material to become qualified to perform the training.

When choosing a trainer, employers should remember that a trainer's qualifications will be important if the adequacy of the training is later scrutinized. Further, some courts have determined that it is important for trainers to understand the complex body of harassment and discrimination laws and keep up-to-date with new cases that may change the interpretations of these laws. Thus, it is crucial for trainers to be able to give practical and legally accurate responses to questions raised by the participants.

The cliché "the proof is in the pudding" is apt here: If, after being trained, supervisors can discuss and put into practice the key elements of sexual-harassment prevention, then the training in all likelihood will be deemed to have met the standards.

What Should Employers Do? Here are some things to do to prepare for the new training requirement:

• Determine whether your company is covered by counting employees and keep an up-to-date log
• Develop a tickler system to alert you to when training is due
• Research training options, including outside trainers and in-house resources
• Develop a record system to track training
• Update employment policies and procedures to include mandatory training requirements for supervisors
• Review the new requirements with managers and other key employees
• Budget for required training
• Training should include harassment based on all protected characteristics (e.g., race, gender identity, national origin, religion), not just harassment based on sex

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Supervisor Training

FELS' LMCs offer a wide range of on-site training, whether it's to enhance the skills of your supervisors or foremen, give safety training, or help with the do's and don'ts during a union campaign.

FELS trainers are skilled and highly trained (and certified in many areas) to manage your various training needs. Providing on-the-job training requires huge amounts of organization, education, skill and time This can be a problem to an employer who wants the benefits of a trained and qualified workforce without breaking the bank.

FELS provides a cost-effective solution!

With more than 25 years of experience and an extensive an extensive training library, FELS is often a perfect fit. And, because training is on-site and bilingual, the employer receives immediate attention to problems as they surface. Supervisor Training Employers are becoming aware of the important role their supervisors play in the company s success. Since the supervisor directly affects employee attitudes, a poor supervisor can quickly cause many problems. Likewise, a supervisor with sharpened skills can be an invaluable asset.

FELS supervisor training covers:

• Giving instructions
• Disciplinary techniques
• Dealing with the difficult employee
• Conducting interviews
• Setting a good example
• Safety issues
• Record keeping
• Motivating employees
• Body language and how it might conflict with a verbal message
• Job performance evaluation
• Documentation
• Improving communications
• Injury and Illness Prevention
• Job instruction training
• Safety
• Train-the-Trainer

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Safety Training

FELS offers a wide range of on-site safety training, maybe more than might come immediately to mind. When FELS provides the safety training for your business, you can be confident your workforce not only enjoys the training, but most importantly understands the message (since it s bilingual!)

Companies that take safety training seriously experience fewer time-loss injuries and accidents and pay lower workers compensation premiums. The key to success is to either develop your own attention-grabbing program that engages the workers, or use the LMC service to do it for you.

FELS safety training covers:

• Pesticide Training for Fieldworkers and Handlers
• Respiratory Protection
• Hazard Communication
• First Aid/CPR
• Violence & Sexual Harassment in the Workplace
• Supervisor's responsibilities
• Back Injury Prevention
• Tractor and Ag Equipment
• Forklift Operator Safety
• Pesticide-Field and Handler
• Harvest Safety And much more

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Training Fees

The hourly rates are:

• Consultation rates are $135 per hour, or $185 per hour during an Agricultural Labor Relations Board (ALRB) or National Labor Relations Board (NLRB) action, e.g. Notice of Intent to Organize (NO), Notice of Intent to Take Access (NA), or Recognition for Certification (RC)]
• Minimum Hours: Five hour minimum or a three-hour minimum when the LMC is providing services within the LMC's normal service area.
• Travel Expenses: Travel time rate is $45 per hour. Travel time will start from the LMC's home and end upon arrival at your facilities. The travel time will resume again upon the return of the LMC to his or her home. Vehicle milage rate is 0.45¢ per mile.
• Deposit: A deposit of 50% of the estimate cost of anticipated services.

Annual Service Agreement

The Annual Service Agreement is based on a calendar year and is automatically renewed each calendar year unless you notify FELS at least 15 days before the last day of a calendar year. The fee for these services is based on the number of service visits you desire from the LMC. A service visit is approximately a half-day of the LMC’s time, including travel and preparation time. When a "loss time event" occurs, each participant in the LMC program will share in the event on a prorated basis.

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