California Labor Code 1697.5 – (a) It is a violation of this chapter for a licensee to do any …
(a) It is a violation of this chapter for a licensee to do any of the following:
(1) Fail to train an agricultural employee at the time of hire, as required by subparagraph (A) of paragraph (8) of subdivision (a) of Section 1684.
Terms Used In California Labor Code 1697.5
- Department: means Department of Industrial Relations. See California Labor Code 19
- Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
- Licensee: means a farm labor contractor who holds a valid and unrevoked license under this chapter. See California Labor Code 1682
- Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
(2) Fail to provide training in the language understood by the agricultural employee, as required by subparagraph (B) of paragraph (8) of subdivision (a) of Section 1684.
(3) Fail to provide an agricultural employee with at least the minimum training, as required by subparagraph (C) of paragraph (8) of subdivision (a) of Section 1684.
(4) Fail to provide an agricultural employee either (A) with a record of their training, or (B) a copy of the specified Civil Rights Department sexual harassment pamphlet, as required by subparagraph (E) of paragraph (8) of subdivision (a) of Section 1684.
(5) Provide an agricultural employee with a false record of completion of their training, as required by subparagraph (E) of paragraph (8) of subdivision (a) of Section 1684, when they have, in fact, received no training.
(6) Fail to keep a record of training for each agricultural employee who has received training, as required by subparagraph (F) of paragraph (8) of subdivision (a) of Section 1684.
(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of any of the provisions listed in subdivision (a) has occurred, the Labor Commissioner may issue a citation and assess a civil penalty in the amount of one hundred dollars ($100) for each violation. In enforcing this section, the Labor Commissioner shall take into consideration whether the violation was inadvertent, and in their discretion, may decide not to penalize an employer for a first violation when that violation was due to a clerical error or inadvertent mistake.
(c) The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for violations of this section shall be the same as those set forth in Section 1197.1.
(Amended by Stats. 2022, Ch. 48, Sec. 65. (SB 189) Effective June 30, 2022.)