BuiltWithNOF
50pixels09

CASWELL BELL & HILLISON LLP
FRESNO, CALIFORNIA

Feb 2007 p1 p106

Farm WorkerFARM WORKER EMPLOYER CHECKLIST

Here is a list of requirements for all agriculture employers (growers and farm labor contractors).

FIELD SANITATION

  • One portable toilet per 20 people (same sex).  Additional portable toilet is needed if one or more members of the opposite sex are part of that 20 people.
  • Hand washing facility located in close proximity to toilet facility; a minimum of 15 gallons of potable water tank labeled “Not for Drinking.”
  • Paper towels, hand soap and toilet paper for entire crew available at all times.
  • Cool drinking water and single-use disposable cups available.
  • First Aid Kits (signed off by a Doctor as per OSHA regulations)
  • Heat stress training.

STATE LABOR STANDARDS
(Department of Labor Standards Enforcement)

  • Have required up-to-date posters posted at work site.
  • Meet minimum wage and overtime requirements as per IWC.
  • Follow all laws under appropriate IWC orders for job performed, such as hours, break and meal periods, tools, etc.
  • Piece work rate must meet the appropriate minimum wage.
  • Workers Compensation
  • Payroll records: daily time sheets (showing meal periods), check registry, etc.
  • Child labor laws – permit on file for minor to work and be employed (school permit required prior to employment).

SAFETY PROGRAM SB-198 (OSHA)

  • Written training program.
  • Safety meetings with employees.
  • Hazardous communication information for employees working in the field or handling and application of pesticides.
  • Emergency phone and facility notice posted (for medical emergencies and help).

UNITED STATES DEPARTMENT OF LABOR (U.S. DOL)

  • Farm worker housing meets Federal and State Health and Safety Standards.
  • Post the Migrant and Seasonal Agricultural Worker Protection Act poster.
  • Follow all child labor laws.
  • Current I-9 Forms (All employers must have their employees complete the I-9 & retain all forms for 3 years).

Farm Worker2EMPLOYMENT  DEVELOPMENT DEPARTMENT (EDD)

  • Unemployment Insurance.
  • Disability Insurance.
  • Employment and Training tax (ETT)
  • Personal Income Tax withholding (PIT), if applicable.

STATE FAIR EMPLOYMENT AND HOUSING

  • Provide handout and training on sexual harassment.
  • Follow State and Federal wage & hour requirements.

WHEN EMPLOYING SERVICES OF A FARM LABOR CONTRACTOR.

The farm labor contractor must have the following items:

  • Appropriate State Bonds.
  • Current Workers Compensation Insurance.
  • Current State License – renewed each year.
  • Current Federal License – renewed every two years.
  • Foreman (crew boss) must have “Certificate of Registration” from the U.S. DOL.
  • Completed I-9's on file.
  • Safety Program (SB 198) & current sign off sheet showing each worker was trained.
  • Payroll records: daily time sheets (showing meal periods), check registry, etc.
  • Supply the grower with itemized pay roll each pay period as per State law.

© Caswell Bell & Hillison LLP          Attorneys and Lawyers, Fresno, California

[Sept 2007] [August 2007] [July 2007] [June 2007] [May 2007] [April 2007] [March 2007] [Feb 2007] [Jan 2007] [Dec 2006] [Nov 2006] [Oct 2006] [Sept 2006] [August 2006] [June 2006] [May 2006] [April 2006] [March 2006] [Feb 2006] [Jan 2006] [Dec 2005] [Nov 2005] [Oct 2005] [Sept 2005]