Vetoed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that requires employers to provide H-2A employees with a written notice of their rights in Spanish, among other provisions.

Highlights:

• Expands the information provided in the written notice that employers are required to provide to each employee at the time of hiring to include the existence of a federal or state emergency or disaster declaration that was issued within 30 days prior to the employee’s first day of employment, that may affect their health and safety during their employment (Sec. 2).

• Requires employers to provide the written notice to H-2A employees in Spanish, and if requested by the employee, also in English, on the first day the employee begins work  (Sec. 2-3).

• Requires the written notice provided to H-2A employees to include the disclosure of the wage rate required by the United States Department of Labor to be paid to the H-2A employee (Sec. 3).

• Requires employers of H-2A employees to notify every H-2A employee of any federal or state emergency or emergency disaster declaration issued within 30 days prior to the employee’s first day of employment, or within 7 days after any new declaration is issued, that may affect the health and safety of the employee, including the declarations’ requirements or recommendations regarding (Sec. 3):

• Housing;

• Toilets;

• Handwashing;

• Water;

• Working conditions;

• Health insurance;

• Sick leave; and or

• Workers’ compensation. 

• Prohibits employers from retaliating against an H-2A employee for raising questions about the declarations’ requirements or recommendations that may relate to employment, housing, or working conditions (Sec. 3).

• Requires the Labor Commissioner to prepare a template, in Spanish and English, that complies with these information requirements, and post it on the commissioner’s website by January 2, 2021 for employers to use (Sec. 3).

• Exempts H-2A employees from the requirement that they must receive compensation at their regular rate of pay for time spent being transported by the employer from the housing provided by the employer to the employer’s worksite if all the following conditions are met, beginning January 1, 2021 (Sec. 4):

• The employee and all other H-2A employees are covered by a collective bargaining agreement that covers compensation for transportation time;

• The collective bargaining agreement contains a grievance and arbitration procedure for disputes concerning transportation and payment of wages;

• The employer provides the federal Adverse Effect Wage Rate (AEWR) to all employees performing the same work;

• The collective bargaining agreement provides for compensation through fringe benefits that exceed the actual monetary value employees would have received as compensation for travel time; and

• The collective bargaining agreement requires the employer to maintain daily records of the time spent by H-2A employees being transported from their housing to the worksite. 

• Specifies that daily records of the time spent by H-2A employees being transported from their housing to the worksite are required to be kept for 3 years after termination of the H-2A employee (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires employers to provide H-2A employees with a written notice of their rights in Spanish, among other provisions.

Highlights:

• Expands the information provided in the written notice that employers are required to provide to each employee at the time of hiring to include the existence of a federal or state emergency or disaster declaration that was issued within 30 days prior to the employee’s first day of employment, that may affect their health and safety during their employment (Sec. 2).

• Requires employers to provide the written notice to H-2A employees in Spanish, and if requested by the employee, also in English, on the first day the employee begins work  (Sec. 2-3).

• Requires the written notice provided to H-2A employees to include the disclosure of the wage rate required by the United States Department of Labor to be paid to the H-2A employee (Sec. 3).

• Requires employers of H-2A employees to notify every H-2A employee of any federal or state emergency or emergency disaster declaration issued within 30 days prior to the employee’s first day of employment, or within 7 days after any new declaration is issued, that may affect the health and safety of the employee, including the declarations’ requirements or recommendations regarding (Sec. 3):

• Housing;

• Toilets;

• Handwashing;

• Water;

• Working conditions;

• Health insurance;

• Sick leave; and or

• Workers’ compensation. 

• Prohibits employers from retaliating against an H-2A employee for raising questions about the declarations’ requirements or recommendations that may relate to employment, housing, or working conditions (Sec. 3).

• Requires the Labor Commissioner to prepare a template, in Spanish and English, that complies with these information requirements, and post it on the commissioner’s website by January 2, 2021 for employers to use (Sec. 3).

• Exempts H-2A employees from the requirement that they must receive compensation at their regular rate of pay for time spent being transported by the employer from the housing provided by the employer to the employer’s worksite if all the following conditions are met, beginning January 1, 2021 (Sec. 4):

• The employee and all other H-2A employees are covered by a collective bargaining agreement that covers compensation for transportation time;

• The collective bargaining agreement contains a grievance and arbitration procedure for disputes concerning transportation and payment of wages;

• The employer provides the federal Adverse Effect Wage Rate (AEWR) to all employees performing the same work;

• The collective bargaining agreement provides for compensation through fringe benefits that exceed the actual monetary value employees would have received as compensation for travel time; and

• The collective bargaining agreement requires the employer to maintain daily records of the time spent by H-2A employees being transported from their housing to the worksite. 

• Specifies that daily records of the time spent by H-2A employees being transported from their housing to the worksite are required to be kept for 3 years after termination of the H-2A employee (Sec. 4).

Full Bill Text