Agricultural Personnel Management
Program
University
of California
Preface
to 2nd Edition || Ordering info
Contents of
Labor Management
Laws in California Agriculture, 2nd Edition
Preface
Acknowlegments
Chapter 1 -- The Employment Contract
1.1. The Worker as Employee or Independent
Contractor
-
1.1.1. Worker Status for Tax and Employer
Liability: The Control-of-Work Test
-
1.1.2. Worker Status under Worker Protection
Laws: The Economic Realities Test
-
1.1.3. Sharefarmers: Independent Contractors
or Employees?
-
1.1.4. Tenant Farmers: Entrepreneurs
or Employees?
1.2. Farm Labor Contractors as Employers
-
1.2.1. Definition of Farm Labor Contractor
-
1.2.2. FLC Obligations to Employees
-
1.2.3. Is the FLC Independent of Its
Customer?
1.3. Liability for the Negligence of
Others
-
1.3.1. Employer Liability for Acts of
Employees
-
1.3.2. Grower Liability for Acts of
Unlicensed Farm Labor Contractors
-
1.3.3. Negligent Hiring
1.4. Employee Organizing and Collective
Bargaining
-
1.4.1. Employers and Employees Covered
by the ALRA
-
1.4.2. ALRA Administration and Enforcement:
The Agricultural Labor Relations Board
-
1.4.3. Elections for Exclusive Representation
Rights
-
1.4.4. Collective Bargaining
-
1.4.5. Remedies for Unfair Labor Practices
Chapter 2 -- Recruitment and Hiring
2.1. Unlawful Discrimination in Employment
-
2.1.1. Disparate Treatment
-
2.1.2. Unintentional Discrimination
-
2.1.3. Employment Discrimination Laws
and Coverage
-
2.1.4. FEHC Regulations and Related
Law
-
2.1.5. Physical or Mental Disability
Considerations
-
2.1.6. Pre-employment Inquiries
-
2.1.7. Enforcement and Penalties
-
2.1.8. Discrimination Based on Union
Affiliation
2.2. Mandatory Discrimination
-
2.2.1. Eligibility for Employment in
the United States
-
2.2.2. Restrictions on Employment of
Minors
-
2.2.3. Conditions of Collective Bargaining
Agreements
2.3. Engaging Workers Through Farm Labor
Contractors
-
2.3.1. Farmer Obligation to Verify Contractor
Registration
-
2.3.2. Contractor Obligation to Register
and Obtain License
-
2.3.3. Certification Processes
-
2.3.4. Enforcement and Penalties
Chapter 3 -- Workplace Safety and
Health
3.1. Obligation to Provide a Safe Workplace
-
3.1.1. Federal OSHA
-
3.1.2. California OSHA
3.2. Special Protection of Minors
-
3.2.1. Coverge and Exceptions
-
3.2.2. Prohibited Work and Hazardous
Areas
-
3.2.3. Enforcement and Penalties
3.3. Pesticides and Chemical Hazards
-
3.3.1. State and Federal Pesticide Safety
Regulations
-
3.3.2. Notice and Record of Applications
-
3.3.3. Protections for Pesticide Handlers
-
3.3.4. Protections for Other Workers
-
3.3.5. Employer Liability
-
3.3.6. Information on Hazardous Chemicals
3.4. Field Sanitation and Drinking Water
-
3.4.1. California and Federal Requirements
-
3.4.2. Enforcement and Penalties
3.5. Farm Worker Transportation
-
3.5.1. Federal MSAWPA Transportation
Rules
-
3.5.2. California Regulation of Farm
Labor Vehicles
-
3.5.3. Enforcement and Penalties
3.6. Sexual Harassment
-
3.6.1. Employee Rights and Employer
Obligations
-
3.6.2. Employer Liability
3.7. Responsibilities after an Accident
-
3.7.1. Reporting Requirements under
Cal-OSHA
-
3.7.2. Special Treatment of Pesticide-Related
Cases
-
3.7.3. Duties under WorkersÕ
Compensation Law
Chapter 4 -- Wages, Benefits, and
Payroll Taxes
4.1. Wages
4.1.1. Minimum Wage Rate
4.1.2. Overtime Pay Requirements
4.1.3. Compensable Time
4.1.4. Reporting Time Pay
4.1.5. Equal Pay by Gender
4.1.6. Payment of Wages
4.1.7. Wage Disclosure and Record Keeping
4.1.8. Restrictions on Hours Worked
4.2. Payroll Withholding Obligations
-
4.2.1. Federal Taxes
-
4.2.2. State Taxes
-
4.2.3. Wage Garnishment
-
4.2.4. Preservation of Payroll Tax Records
4.3. Mandatory Benefits
-
4.3.1. Workers' Compensation Insurance
-
4.3.2. Unemployment Insurance
-
4.3.3. Leaves of Absence
-
4.3.4. Employee Assistance Programs
4.4. Optional Fringe Benefits
-
4.4.1. Vacation Pay
-
4.4.2. Pension Plans
-
4.4.3. Health and Life Insurance
-
4.4.4. Farm Labor Housing
-
4.4.5. Miscellaneous Fringe Benefits
-
4.4.6. Taxation of Fringe Benefits
Chapter 5 -- Discipline and Discharge
5.1. Statutory Bases for Unlawful Discipline
and Discharge
-
5.1.1. Retaliation for Filing Reports
of Illegal Conduct
-
5.1.2. Retaliation for Exercising Employee
Rights
-
5.1.3. Discriminatory Layoff or Discharge
-
5.1.4. Other Statutory Prohibitions
5.2. Case Law Prohibitions against Wrongful
Discharge
-
5.2.1. The Public Policy Rule
-
5.2.2. Violation of Express Promise
-
5.2.3. Violation of Implied Promise
-
5.2.4. Liability for Wrongful Discharge
Based on Case Law
5.3. Explicit Discipline Policy
-
5.3.1. Policy Structure and Content
-
5.3.2. Exercise of Discipline Policy
5.4. Payments Due on Discharge
Appendicies
Required Postings
for California Farm Employers
Directory of
Government Agencies Mentioned
Table of Cases
Index
Labor Management Laws
in California Agriculture, 2nd Edition, by Howard R. Rosenberg, Valerie
J. Horwitz, and Daniel L. Egan, can be mail ordered by title or publication
number (#21404), from DANR Communication Services - Publications, University
of California, 6701 San Pablo Avenue, Oakland, CA 94608-1239. A single
copy is $15, plus handling and shipping. Quantity discounts of 20 percent
for 10 to 49 copies, and 25 percent for 50 to 99 copies, are available.
Please make checks payable to "UC Regents." The book is also sold at some
county offices of UC Cooperative Extension.
Phone orders using
VISA or Mastercard as payment are welcome. To place one from within California,
please call 800/994-8849. The phone number from other states is
(510) 642-2431, and the FAX is at (510) 643-5470.
APMP
Home