The Labor Commissioner may revoke, suspend, or refuse to renew any license if it is shown that any of the following have occurred:
(a) The licensee or any agent of the licensee has violated or failed to comply with any of the provisions of this chapter.
(b) The licensee has made any misrepresentations or false statements in his or her application for a license.
(c) The conditions under which the license was issued have changed or no longer exist.
(d) The licensee, or any agent of the licensee, has violated, or has willfully aided or abetted any person in the violation of, or failed to comply with, any law of the State of California regulating the employment of employees in agriculture, the payment of wages to farm employees, or the conditions, terms, or places of employment affecting the health and safety of farm employees, which is applicable to the business, activities, or operations of the licensee in his or her capacity as a farm labor contractor.
(e) The licensee, or any agent of the licensee, has failed to comply with any provisions of the Vehicle Code pertaining to a farm labor vehicle, as described in Section 322 of the Vehicle Code, under the licensee’s control, or has allowed a farm labor vehicle under his or her control to be operated by a driver without a valid driver’s license and certificate required pursuant to Section 12519 of the Vehicle Code.
(f) The licensee has been found, by a court or the Secretary of Labor, to have violated any provision of the federal Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. Sec. 1801 et seq.), provided that the licensee is required to register as a farm labor contractor pursuant to federal law.
(g) The licensee has been found by a court or an administrative agency to have committed sexual harassment of an employee, or has employed any supervisor, crewleader, mayordomo, foreperson, or any other employee of the licensee whose duties include the supervision, direction, or control of any agricultural worker on behalf of the licensee, whom the licensee knew or should have known has been found by a court or an administrative agency, within the preceding three years, to have committed sexual harassment of an employee. A licensee shall be deemed not to have knowledge under this subdivision that any supervisor, crewleader, mayordomo, foreperson, or any other employee has been found by a court or any other administrative agency to have committed sexual harassment if that supervisor, crewleader, mayordomo, foreperson, or any other employee executes a statement on a form provided by the Labor Commissioner that includes the following statement: “I have not been found to have committed sexual harassment by any court or any administrative agency within the preceding three years.” This subdivision shall not apply until the Labor Commissioner prepares the form and makes it available on the division’s Internet Web site.
(Amended by Stats. 2014, Ch. 750, Sec. 3. (SB 1087) Effective January 1, 2015.)
Last modified: October 25, 2018