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S1289aa.....................................by COMMERCE AND HUMAN RESOURCES
FARM LABOR CONTRACTOR LICENSING - Adds to existing law to provide for the
licensing of farm labor contractors by the Department of Labor.
01/16 Senate intro - 1st rdg - to printing
01/17 Rpt prt - to Com/HuRes
01/25 Rpt out - rec d/p - to 2nd rdg
01/28 2nd rdg - to 3rd rdg
01/29 3rd rdg - Held
01/30 To 14th Ord
02/08 Rpt out amen - to engros
02/11 Rpt engros - 1st rdg - to 2nd rdg as amen
02/12 2nd rdg - to 3rd rdg as amen
02/15 3rd rdg as amen - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims,
Sorensen, Stegner, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- Hawkins, Stennett
Floor Sponsors - Lodge & Dunklin
Title apvd - to House
02/18 House intro - 1st rdg - to Agric Aff
03/01 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 55-10-5
AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
Bolz, Bruneel, Callister, Collins, Cuddy, Deal, Denney, Ellis,
Ellsworth, Field(20), Gagner, Hadley, Hammond, Henbest, Hornbeck,
Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Mader,
Martinez, Meyer, Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Trail,
Wheeler, Young, Mr. Speaker
NAYS -- Barrett, Bradford, Campbell, Crow, Eskridge, Harwood,
Loertscher, McKague, Pearce, Wood
Absent and excused -- Clark, Field(13), Gould, Higgins, Tilman
Floor Sponsors - Trail & Robison
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed - Sp signed
03/13 To Governor
03/27 Governor signed
Session Law Chapter 328
Effective: 01/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1289
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO LICENSING OF FARM LABOR CONTRACTORS; AMENDING TITLE 44, IDAHO
3 CODE, BY THE ADDITION OF A NEW CHAPTER 16, TITLE 44, IDAHO CODE, TO PRO-
4 VIDE DEFINITIONS, TO PROVIDE EXEMPTIONS, TO PROVIDE FOR LICENSING OF FARM
5 LABOR CONTRACTORS, TO REQUIRE PROOF OF FINANCIAL RESPONSIBILITY, TO SPEC-
6 IFY AN APPLICATION FEE AND TO PROVIDE FOR APPROPRIATION OF FEES COLLECTED,
7 TO PROVIDE DUTIES OF THE DEPARTMENT WITH REGARD TO LICENSING AND TO SPEC-
8 IFY CONDITIONS OF THE LICENSE, TO PROVIDE DUTIES OF THE FARM LABOR CON-
9 TRACTOR, TO SPECIFY PROHIBITED ACTS, TO PROVIDE FOR DENIAL, REVOCATION,
10 SUSPENSION AND REFUSAL TO RENEW A LICENSE, TO PROVIDE NOTICE OF DENIAL OF
11 AN APPLICATION, REFUSAL TO RENEW A LICENSE, REVOCATION OR SUSPENSION OF A
12 LICENSE AND TO PROVIDE FOR A HEARING, TO PROVIDE FOR JOINT LIABILITY OF AN
13 AGRICULTURAL EMPLOYER AND AN UNLICENSED FARM LABOR CONTRACTOR, TO PROVIDE
14 CLAIM FOR WAGES, TO PROVIDE FOR PRIVATE RIGHT OF ACTION, TO PROVIDE SER-
15 VICE OF PROCESS WHEN UNLICENSED CONTRACTOR IS UNAVAILABLE, TO PROVIDE THAT
16 RETALIATION IS PROHIBITED, TO PROVIDE VIOLATIONS AND PENALTIES, TO PROVIDE
17 RULEMAKING AUTHORITY TO THE DEPARTMENT OF LABOR AND TO PROVIDE SEVERABIL-
18 ITY; AND PROVIDING AN EFFECTIVE DATE.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Title 44, Idaho Code, be, and the same is hereby amended
21 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
22 ter 16, Title 44, Idaho Code, and to read as follows:
23 CHAPTER 16
24 FARM LABOR CONTRACTOR LICENSING
25 44-1601. DEFINITIONS. As used in this chapter:
26 (1) "Agricultural association" means any nonprofit or cooperative associ-
27 ation of farmers, growers or ranchers, incorporated or qualified under appli-
28 cable state law.
29 (2) "Agricultural employer" means any person engaged in any activity
30 included within the definition of "agriculture" in subsection (3) of this sec-
31 tion.
32 (3) "Agriculture" includes farming in all its branches and, among other
33 things, includes the cultivation and tillage of the soil; dairying; the pro-
34 duction, cultivation, growing and harvesting of any agricultural, aquacultural
35 or horticultural commodities; the raising of livestock, bees, fur-bearing ani-
36 mals or poultry; and any practices, including any forestry or lumbering opera-
37 tions performed by a farmer or on a farm as an incident to or in conjunction
38 with such farming operation, including preparation for market, delivery to
39 storage or to market or to carriers for transportation to market.
40 (4) "Department" means the department of labor of the state of Idaho.
41 (5) "Director" means the director of the department of labor.
42 (6) "Farm labor contracting activity" means recruiting, soliciting, hir-
2
1 ing, employing, furnishing or transporting any migrant or seasonal agricul-
2 tural worker.
3 (7) "Farm labor contractor" means any person who, for any money or other
4 valuable consideration paid or promised to be paid, performs any farm labor
5 contracting activity.
6 (8) "Immediate family member" means the spouse, children, brother, sis-
7 ter, mother or father.
8 (9) "Migrant agricultural worker" means an individual who is employed in
9 agricultural employment of a seasonal or temporary nature, and who is required
10 to be absent overnight from his permanent place of residence. This term does
11 not include any immediate family member of an agricultural employer or a farm
12 labor contractor.
13 (10) "Person" means an individual, association, partnership, limited lia-
14 bility company, corporation or other business entity.
15 (11) "Seasonal agricultural worker" means an individual who is employed in
16 agricultural employment of a seasonal or temporary nature and is not required
17 to be absent overnight from his permanent place of residence. This term does
18 not include any immediate family member of an agricultural employer or a farm
19 labor contractor.
20 44-1602. EXEMPTIONS. The provisions of this chapter shall not apply to
21 the following:
22 (1) An agricultural association engaged in farm labor contracting activi-
23 ties exclusively for members of that association.
24 (2) Any individual engaged in farm labor contracting for an agricultural
25 operation owned or operated exclusively by such individual or a member of such
26 individual's immediate family, if such activities are performed only for such
27 operation and exclusively by such individual, but without regard to whether
28 such individual has incorporated or otherwise organized for business purposes.
29 (3) Agricultural employers exchanging agricultural labor or services with
30 each other, provided the work is performed on land owned or leased by the
31 agricultural employers.
32 (4) Any common carrier that would be a farm labor contractor solely
33 because it is engaged in transporting any migrant or seasonal agricultural
34 worker. For purposes of this section, a common carrier is one that holds
35 itself out to the general public to engage in transportation of passengers for
36 hire, whether over regular or irregular routes, and holds a valid certificate
37 or authorization for such purpose from an appropriate local, state or federal
38 agency.
39 (5) Any nonprofit charitable organization, public entity or private non-
40 profit educational institution.
41 (6) Any employee of a person described in subsections (1) through (5) of
42 this section when performing farm labor contracting activities exclusively for
43 such person, unless the employee receives a commission or fee based upon the
44 number of workers recruited.
45 44-1603. LICENSE -- APPLICATION -- CONTENTS. (1) Except as otherwise pro-
46 vided, no person shall act as a farm labor contractor unless such person holds
47 a valid license issued by the department.
48 (2) An application for a farm labor contractor's license shall be sworn
49 to by the applicant and shall be submitted on a form prescribed by the depart-
50 ment that shall require, but not be limited to, the following information and
51 documentation:
52 (a) The applicant's name, Idaho address and all other temporary and per-
53 manent addresses the applicant uses or knows will be used in the future;
3
1 (b) Two (2) recent, passport sized, color photographs of the applicant,
2 or the applicant's authorized agent when the applicant is not a natural
3 person;
4 (c) A statement by the applicant of all facts required by the department
5 concerning the applicant's fitness, competency, and qualifications to
6 engage in the business of farm labor contracting;
7 (d) A statement by the applicant of all facts required by the department
8 concerning the manner and method by which the applicant proposes to con-
9 duct operations as a farm labor contractor;
10 (e) A certificate of insurance issued by the applicant's auto insurance
11 carrier listing the department as the certificate holder and providing for
12 a thirty (30) day cancellation notice for all vehicles used in the opera-
13 tion of the farm labor contracting business;
14 (f) A certificate of workers' compensation insurance issued by the
15 applicant's workers' compensation insurance carrier listing the department
16 as the certificate holder and providing for a thirty (30) day cancellation
17 notice;
18 (g) Whether the applicant has or was ever granted a farm labor
19 contractor's license in any other jurisdiction;
20 (h) Whether the applicant was ever denied a license or had a license
21 revoked or suspended under the farm labor contractor laws of any other
22 jurisdiction;
23 (i) The names and addresses of all persons financially interested,
24 whether as partners, limited liability company members, shareholders,
25 associates, or profit sharers in the applicant's proposed operation as a
26 farm labor contractor, together with the amount of their respective inter-
27 ests, and whether or not, to the best of the applicant's knowledge, any
28 such persons were ever denied a license or had a license revoked or sus-
29 pended under the farm labor contractor laws of any jurisdiction; and
30 (j) The following declaration by the applicant, or the applicant's autho-
31 rized agent when the applicant is not a natural person: "With regards to
32 any action filed against the applicant concerning the applicant's activi-
33 ties as a farm labor contractor, the applicant appoints the director of
34 the Idaho Department of Labor as the applicant's lawful agent to accept
35 service of summons when the applicant is not present in the jurisdiction
36 in which such action is commenced or have in any other way become unavail-
37 able to accept service.".
38 44-1604. APPLICANT -- PROOF OF FINANCIAL RESPONSIBILITY -- PAYMENT OF
39 CLAIMS. (1) Each applicant shall submit with the application and shall contin-
40 ually maintain proof of financial responsibility to ensure the prompt payment
41 of employees' wages pursuant to chapter 6, title 45, Idaho Code, and the pay-
42 ment of any claims awarded pursuant to section 44-1613, Idaho Code.
43 (2) Proof of financial responsibility shall be in the form of a surety
44 bond from a company licensed to do business in the state of Idaho. The surety
45 bond shall be in the amount of ten thousand dollars ($10,000) if the farm
46 labor contractor employs no more than twenty (20) employees, and thirty thou-
47 sand dollars ($30,000) if the contractor employs more than twenty (20) employ-
48 ees.
49 (3) The surety bond shall be for the benefit of the farm labor
50 contractor's employees and shall be conditioned upon the payment of all sums
51 legally owing to them.
52 (4) The surety bond shall be executed to cover the farm labor
53 contractor's liability for the period for which the license is issued, during
54 which time the bond cannot be canceled or otherwise terminated.
4
1 (5) All claims against the bond shall be unenforceable unless request for
2 payment of a court judgment, or lien pursuant to section 45-620, Idaho Code,
3 has been sent by certified mail to the surety. The surety company shall make
4 prompt and periodic payments on the farm labor contractor's liability to the
5 extent of the total amount of the bond.
6 (6) In lieu of the surety bond required by this section, an applicant or
7 farm labor contractor may deposit with the department cash or other security
8 acceptable to the director. The deposit shall not be less than ten thousand
9 dollars ($10,000) if the farm labor contractor employs no more than twenty
10 (20) employees, and thirty thousand dollars ($30,000) if the farm labor con-
11 tractor employs more than twenty (20) employees. The security deposited with
12 the director in lieu of the surety bond shall be returned to the farm labor
13 contractor at the expiration of two (2) years after the farm labor
14 contractor's license has expired or been otherwise terminated, unless the
15 director has received written notice that a legal or administrative action has
16 been instituted against the farm labor contractor for failing to comply with
17 the requirements of this chapter.
18 44-1605. APPLICATION FEE -- APPROPRIATION. Each application shall be
19 accompanied by a nonrefundable fee of two hundred fifty dollars ($250). All
20 fees collected shall be continuously appropriated to the department and used
21 for the administration of this chapter.
22 44-1606. DEPARTMENT -- LICENSING DUTIES -- LICENSE -- TERM -- RENEWAL
23 FEE. (1) The department shall issue licenses to persons who are at least eigh-
24 teen (18) years of age and who have shown themselves to be fit, competent and
25 qualified to engage in the business of farm labor contracting. Factors to be
26 considered by the department in making this determination shall include, but
27 not be limited to, the following:
28 (a) Whether an applicant has unsatisfied judgments or administrative
29 decisions requiring the payment of unpaid wages;
30 (b) Whether an applicant has worker's compensation coverage for each
31 employee;
32 (c) Whether an applicant has paid unemployment insurance contributions
33 when due;
34 (d) Whether an applicant has violated any provision of this chapter or
35 the rules adopted hereunder;
36 (e) Whether an applicant was ever denied a license or had a license
37 revoked, suspended or not renewed under the farm labor contractor laws of
38 any jurisdiction;
39 (f) Whether an applicant has employed an agent who has had a farm labor
40 contractor license denied, suspended, revoked or not renewed or who has
41 otherwise violated any provisions of this chapter or the rules adopted
42 hereunder; and
43 (g) Whether an applicant, when required by law, has failed or refused to
44 seek food, water, shelter or medical attention, or to provide any other
45 goods or services required for the safety and health of the applicant's
46 employees.
47 (2) The industrial commission shall make records available to the depart-
48 ment, including records that are otherwise exempt from disclosure under sec-
49 tion 9-340B, Idaho Code, for the purpose of determining an applicant's quali-
50 fications under subsection (1)(b) of this section. Records disclosed under
51 this subsection shall not be further disclosed by the department.
52 (3) The department shall issue a license within fifteen (15) business
53 days of receipt of a completed application if the department determines the
5
1 applicant to be fit, competent and qualified to engage in the business of farm
2 labor contracting. An application shall be deemed completed when all required
3 information and documentation has been submitted to the department.
4 (4) The license shall not be transferable or assignable.
5 (5) The first year of licensing shall run from April 1st to the following
6 March 31st and each license shall expire on March 31st following the date of
7 its issuance unless sooner revoked or otherwise terminated by the department.
8 Beginning January 1, 2004, the licensing year shall run from January 1st to
9 the following December 31st and each license shall expire on December 31st
10 following the date of its issuance unless sooner revoked or otherwise termi-
11 nated by the department.
12 (6) A license may be renewed annually upon payment of a nonrefundable fee
13 of two hundred fifty dollars ($250) and by providing the following:
14 (a) Proof of financial responsibility as required by section 44-1604,
15 Idaho Code;
16 (b) A certificate of insurance as required by section 44-1603(2)(e),
17 Idaho Code; and
18 (c) A certificate of insurance as required by section 44-1603(2)(f),
19 Idaho Code.
20 The department may require any person seeking renewal to file a new applica-
21 tion showing the person to be fit, competent and qualified to continue to
22 engage in the business of farm labor contracting.
23 (7) The department shall maintain a central public registry of all per-
24 sons issued a farm labor contractor's license.
25 44-1607. FARM LABOR CONTRACTOR -- DUTIES. A farm labor contractor shall:
26 (1) Carry his farm labor contractor license at all times and exhibit such
27 license upon request to anyone with whom the farm labor contractor intends to
28 deal in his capacity as a farm labor contractor.
29 (2) File immediately at the United States post office serving the farm
30 labor contractor's address as noted on the license a correct change of address
31 and notify the department each time an address change is made.
32 (3) Pay or distribute promptly when due to the persons entitled all money
33 or other things of value entrusted to the farm labor contractor for that pur-
34 pose.
35 (4) Comply with the terms and provisions of all agreements or contracts
36 entered into by the farm labor contractor.
37 (5) Comply with all applicable state laws and rules.
38 (6) Provide to the department certified copies of payroll records for any
39 payment period requested by the department.
40 (7) Provide to each employee at the time of hiring, recruiting, solic-
41 iting or supplying such employee, whichever occurs first, a written statement
42 in English or, as necessary and reasonable, in Spanish or other language com-
43 mon to agricultural workers who are not fluent or literate in English, that
44 contains a description of:
45 (a) The rate of compensation and the method of computing the rate of com-
46 pensation;
47 (b) The terms and conditions of employment, including the name and
48 address of the farm labor contractor, the place of employment, the approx-
49 imate length of the period of employment and the approximate starting and
50 ending dates;
51 (c) The terms and conditions of any bonus offered and the manner of
52 determining when the bonus is earned;
53 (d) The terms and conditions of any loan made to the employee;
54 (e) The terms and conditions of any housing, transportation, equipment,
6
1 health care, day care or any other employee benefit to be provided by the
2 farm labor contractor or the farm labor contractor's agent, and the costs
3 to be charged for each item;
4 (f) The name and address of the surety on the farm labor contractor's
5 bond;
6 (g) The employee's rights and remedies, including an employee's right to
7 make a claim against the farm labor contractor's surety bond.
8 (8) Provide to the employee each time the employee receives a compensa-
9 tion payment from the farm labor contractor a written statement itemizing the
10 total payment, the amount and purpose of each deduction therefrom, the hours
11 worked and, if the work was done on a piece basis, the number of pieces com-
12 pleted.
13 (9) For each employee make, keep and preserve for three (3) years the
14 following information:
15 (a) The basis on which wages were paid;
16 (b) The number of piecework units earned, if paid on a piecework basis;
17 (c) The number of hours worked;
18 (d) The total pay period earnings;
19 (e) The specific sums withheld and the reason for withholding each sum;
20 (f) The net pay; and
21 (g) The name and address of the owner of all operations, or the owner's
22 agent, where the employee worked.
23 44-1608. FARM LABOR CONTRACTOR -- APPLICANT FOR LICENSE -- PROHIBITED
24 ACTS. A farm labor contractor or an applicant for a farm labor contractor's
25 license shall not:
26 (1) Make misrepresentations or false statements on the application for a
27 license.
28 (2) Make or cause to be made, to any person, any false, fraudulent or
29 misleading representation, or publish or circulate or cause to be published or
30 circulated any false, fraudulent or misleading information concerning the
31 terms, conditions or existence of any employment.
32 (3) Solicit, induce or cause to be solicited or induced the violation of
33 an existing contract of employment.
34 (4) Violate, or assist another person to violate the requirements of this
35 chapter.
36 (5) By any force, intimidation, or threat, including threat of deporta-
37 tion, induce any employee of the farm labor contractor to give up any part of
38 the compensation to which the employee is entitled under federal or state wage
39 payment laws.
40 44-1609. LICENSE -- DENIAL, REVOCATION, SUSPENSION, REFUSAL TO RENEW. (1)
41 The department may deny, revoke, suspend or refuse to renew a farm labor con-
42 tractor license when:
43 (a) The applicant or licensee, or the agent of the applicant or licensee,
44 has had his farm labor contractor's license denied or revoked in any
45 jurisdiction within three (3) years of the date of application;
46 (b) The licensee or his agent has violated or failed to comply with any
47 provision of this chapter or the rules promulgated hereunder;
48 (c) The applicant or licensee has an unsatisfied court judgment or final
49 administrative decision against him for unpaid wages;
50 (d) The applicant or licensee made false or misleading statements on, or
51 provided false or misleading information with, his application for a
52 license;
53 (e) The applicant or licensee fails to maintain proof of financial
7
1 responsibility as required by section 44-1604, Idaho Code;
2 (f) The applicant or licensee fails to provide, or the department
3 receives notice of cancellation of any certificates of insurance required
4 by section 44-1603, Idaho Code;
5 (g) The applicant or licensee fails to pay unemployment insurance contri-
6 butions when due; or
7 (h) The applicant or licensee, when required by law, fails or refuses to
8 seek food, water, shelter or medical attention, or to provide any other
9 goods or services required for the safety and health of his employees.
10 (2) Before the department denies, revokes, suspends or refuses to renew a
11 license, the applicant or licensee shall be given written notice of the rea-
12 sons for the licensing action and an opportunity for a hearing.
13 44-1610. ACTION AGAINST LICENSE -- HEARING. (1) The contested case pro-
14 visions of the Idaho administrative procedure act, chapter 52, title 67, Idaho
15 Code, shall not apply to licensing actions under this chapter.
16 (2) When it appears, pursuant to section 44-1609, Idaho Code, that suffi-
17 cient cause exists for the denial of any application for, the revocation or
18 suspension of, or refusal to renew any license required by this chapter, the
19 department shall serve notice, in the manner provided for in subsection (7) of
20 this section, to the applicant or license holder stating the proposed adverse
21 action to be taken, the grounds on which such action is based, and that the
22 department's proposed action shall become final unless, within ten (10) calen-
23 dar days of the date of mailing of the notice, the aggrieved party files with
24 the department a written request for a hearing.
25 (3) A written request for a hearing may be filed by personal delivery, by
26 mail, or by fax to the wage and hour section of the department at the address
27 indicated on the notice. The date of personal delivery shall be noted on the
28 request and shall be deemed the date of filing. If mailed, the hearing request
29 shall be deemed to be filed on the date of mailing as determined by the post-
30 mark. A faxed request that is received by the wage and hour section by 5:00
31 p.m. on a business day shall be deemed filed on that date. A faxed request
32 that is received by the wage and hour section on a weekend, holiday or after
33 5:00 p.m. on a business day shall be deemed filed on the next business day.
34 (4) Reasonable notice of the hearing, containing the date, time, place
35 and purpose of the hearing, shall be served on all parties to the hearing in
36 the manner provided for in subsection (7) of this section.
37 (5) The hearing shall be conducted by an employee of the department des-
38 ignated by the director to be the hearing officer, who shall not be bound by
39 statutory rules of evidence or by technical or formal rules of procedure. A
40 record shall be made of the sworn testimony. Every party to the proceeding
41 shall have the right to counsel at their own expense and a full opportunity to
42 be heard, including such cross-examination as may be appropriate. The hearing
43 officer, as soon after the conclusion of the hearing as possible, on the basis
44 of the record made at the hearing, shall issue a decision and serve it on all
45 parties to the hearing in the manner provided for in subsection (7) of this
46 section.
47 (6) The decision of the hearing officer shall be a final agency order and
48 shall be effective on the date it is issued, subject only to the judicial
49 review provisions of chapter 52, title 67, Idaho Code.
50 (7) Any notice or decision required by this section shall be deemed
51 served if delivered to the person being served or if mailed to his last known
52 address. Service by mail shall be deemed completed on the date of mailing. The
53 date indicated on the notice or decision as the "date of mailing" shall be
54 presumed to be the date the document was deposited in the United States mail,
8
1 unless otherwise shown by a preponderance of competent evidence.
2 44-1611. JOINT LIABILITY. (1) If an agricultural employer uses a farm
3 labor contractor who is properly licensed and bonded under the provisions of
4 this chapter, that agricultural employer shall not be jointly and severally
5 liable for any unpaid wages determined to be due and owing pursuant to chapter
6 6, title 45, Idaho Code, to any employee of the farm labor contractor who per-
7 formed work for that agricultural employer.
8 (2) An agricultural employer who knowingly uses the services of an unli-
9 censed farm labor contractor shall be jointly and severally liable for any
10 unpaid wages determined to be due and owing pursuant to chapter 6, title 45,
11 Idaho Code, to any employee of the unlicensed farm labor contractor who per-
12 formed work for that agricultural employer. In making determinations under
13 this section, any user of a farm labor contractor may rely upon either the
14 license issued by the department to the farm labor contractor under section
15 44-1603, Idaho Code, or the department's representation that such contractor
16 is licensed as required by this chapter.
17 44-1612. CLAIM FOR WAGES -- EXCLUSIVE REMEDY. A claim for unpaid wages by
18 an employee of a farm labor contractor shall be treated as a claim for wages
19 under chapter 6, title 45, Idaho Code.
20 44-1613. PRIVATE RIGHT OF ACTION. Except as provided for in section
21 44-1612, Idaho Code, any person aggrieved by a violation of this chapter may
22 bring a civil action in a court of competent jurisdiction for injunctive
23 relief, damages or both. If the court finds that any person violated any of
24 the provisions of this chapter, it shall award actual damages, plus an amount
25 equal to treble the amount of actual damages, or one thousand dollars ($1,000)
26 per violation, whichever is greater. The court shall also award a prevailing
27 plaintiff reasonable attorney's fees and costs. No action under this section
28 may be commenced later than two (2) years after the date of the violation giv-
29 ing rise to the right of action.
30 44-1614. SERVICE OF PROCESS WHEN UNLICENSED CONTRACTOR IS UNAVAILABLE. In
31 any action arising out of the activities of an unlicensed farm labor contrac-
32 tor within this state who is not in the state or is otherwise unavailable for
33 service of process in this state, the unlicensed farm labor contractor may be
34 served by mailing a certified true copy of the summons and complaint to the
35 director; the last-known address, if any, of the unlicensed farm labor con-
36 tractor; and any other address the use of which the plaintiff knows, or on the
37 basis of reasonable inquiry, has reason to believe is most likely to result in
38 actual notice.
39 44-1615. RETALIATION PROHIBITED. No farm labor contractor may discharge
40 or in any other manner discriminate against an employee because that employee
41 made a claim against the farm labor contractor pursuant to this chapter, tes-
42 tified or is about to testify in any proceedings brought pursuant to this
43 chapter, or discussed or consulted with anyone concerning the employee's
44 rights under this chapter.
45 44-1616. VIOLATIONS -- PENALTY. (1) Any person who intentionally defaces,
46 alters or changes a farm labor contractor license, or who uses the license of
47 another, or who knowingly permits another person to use his license or acts as
48 a farm labor contractor without a license shall be guilty of a misdemeanor,
49 punishable by a fine not to exceed one thousand dollars ($1,000), or up to
9
1 sixty (60) days in jail or both. Each violation shall constitute a separate
2 offense.
3 (2) Any person who violates any other provision of this chapter shall be
4 guilty of a misdemeanor, punishable by a fine not to exceed three hundred dol-
5 lars ($300), or up to thirty (30) days in jail or both. Each violation shall
6 constitute a separate offense.
7 44-1617. DEPARTMENT -- ADMINISTRATIVE RULES. The department may adopt
8 rules reasonably necessary for the administration of this chapter.
9 44-1618. SEVERABILITY. The provisions of this chapter are hereby declared
10 to be severable, and if any provision is declared void, invalid, or unenforce-
11 able in whole or in part, such declaration shall not affect the remaining pro-
12 visions of this chapter.
13 SECTION 2. This act shall be in full force and effect on and after Janu-
14 ary 1, 2003.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Dunklin
Seconded by Lodge
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1289
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 36, following "practices" delete
3 the remainder of the line, and in line 37, delete "tions"; and in line 39,
4 following "market." insert: "This definition shall not include forestry, lum-
5 bering operations or logging contractors.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1289, As Amended
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO LICENSING OF FARM LABOR CONTRACTORS; AMENDING TITLE 44, IDAHO
3 CODE, BY THE ADDITION OF A NEW CHAPTER 16, TITLE 44, IDAHO CODE, TO PRO-
4 VIDE DEFINITIONS, TO PROVIDE EXEMPTIONS, TO PROVIDE FOR LICENSING OF FARM
5 LABOR CONTRACTORS, TO REQUIRE PROOF OF FINANCIAL RESPONSIBILITY, TO SPEC-
6 IFY AN APPLICATION FEE AND TO PROVIDE FOR APPROPRIATION OF FEES COLLECTED,
7 TO PROVIDE DUTIES OF THE DEPARTMENT WITH REGARD TO LICENSING AND TO SPEC-
8 IFY CONDITIONS OF THE LICENSE, TO PROVIDE DUTIES OF THE FARM LABOR CON-
9 TRACTOR, TO SPECIFY PROHIBITED ACTS, TO PROVIDE FOR DENIAL, REVOCATION,
10 SUSPENSION AND REFUSAL TO RENEW A LICENSE, TO PROVIDE NOTICE OF DENIAL OF
11 AN APPLICATION, REFUSAL TO RENEW A LICENSE, REVOCATION OR SUSPENSION OF A
12 LICENSE AND TO PROVIDE FOR A HEARING, TO PROVIDE FOR JOINT LIABILITY OF AN
13 AGRICULTURAL EMPLOYER AND AN UNLICENSED FARM LABOR CONTRACTOR, TO PROVIDE
14 CLAIM FOR WAGES, TO PROVIDE FOR PRIVATE RIGHT OF ACTION, TO PROVIDE SER-
15 VICE OF PROCESS WHEN UNLICENSED CONTRACTOR IS UNAVAILABLE, TO PROVIDE THAT
16 RETALIATION IS PROHIBITED, TO PROVIDE VIOLATIONS AND PENALTIES, TO PROVIDE
17 RULEMAKING AUTHORITY TO THE DEPARTMENT OF LABOR AND TO PROVIDE SEVERABIL-
18 ITY; AND PROVIDING AN EFFECTIVE DATE.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Title 44, Idaho Code, be, and the same is hereby amended
21 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
22 ter 16, Title 44, Idaho Code, and to read as follows:
23 CHAPTER 16
24 FARM LABOR CONTRACTOR LICENSING
25 44-1601. DEFINITIONS. As used in this chapter:
26 (1) "Agricultural association" means any nonprofit or cooperative associ-
27 ation of farmers, growers or ranchers, incorporated or qualified under appli-
28 cable state law.
29 (2) "Agricultural employer" means any person engaged in any activity
30 included within the definition of "agriculture" in subsection (3) of this sec-
31 tion.
32 (3) "Agriculture" includes farming in all its branches and, among other
33 things, includes the cultivation and tillage of the soil; dairying; the pro-
34 duction, cultivation, growing and harvesting of any agricultural, aquacultural
35 or horticultural commodities; the raising of livestock, bees, fur-bearing ani-
36 mals or poultry; and any practices performed by a farmer or on a farm as an
37 incident to or in conjunction with such farming operation, including prepara-
38 tion for market, delivery to storage or to market or to carriers for transpor-
39 tation to market. This definition shall not include forestry, lumbering opera-
40 tions or logging contractors.
41 (4) "Department" means the department of labor of the state of Idaho.
42 (5) "Director" means the director of the department of labor.
2
1 (6) "Farm labor contracting activity" means recruiting, soliciting, hir-
2 ing, employing, furnishing or transporting any migrant or seasonal agricul-
3 tural worker.
4 (7) "Farm labor contractor" means any person who, for any money or other
5 valuable consideration paid or promised to be paid, performs any farm labor
6 contracting activity.
7 (8) "Immediate family member" means the spouse, children, brother, sis-
8 ter, mother or father.
9 (9) "Migrant agricultural worker" means an individual who is employed in
10 agricultural employment of a seasonal or temporary nature, and who is required
11 to be absent overnight from his permanent place of residence. This term does
12 not include any immediate family member of an agricultural employer or a farm
13 labor contractor.
14 (10) "Person" means an individual, association, partnership, limited lia-
15 bility company, corporation or other business entity.
16 (11) "Seasonal agricultural worker" means an individual who is employed in
17 agricultural employment of a seasonal or temporary nature and is not required
18 to be absent overnight from his permanent place of residence. This term does
19 not include any immediate family member of an agricultural employer or a farm
20 labor contractor.
21 44-1602. EXEMPTIONS. The provisions of this chapter shall not apply to
22 the following:
23 (1) An agricultural association engaged in farm labor contracting activi-
24 ties exclusively for members of that association.
25 (2) Any individual engaged in farm labor contracting for an agricultural
26 operation owned or operated exclusively by such individual or a member of such
27 individual's immediate family, if such activities are performed only for such
28 operation and exclusively by such individual, but without regard to whether
29 such individual has incorporated or otherwise organized for business purposes.
30 (3) Agricultural employers exchanging agricultural labor or services with
31 each other, provided the work is performed on land owned or leased by the
32 agricultural employers.
33 (4) Any common carrier that would be a farm labor contractor solely
34 because it is engaged in transporting any migrant or seasonal agricultural
35 worker. For purposes of this section, a common carrier is one that holds
36 itself out to the general public to engage in transportation of passengers for
37 hire, whether over regular or irregular routes, and holds a valid certificate
38 or authorization for such purpose from an appropriate local, state or federal
39 agency.
40 (5) Any nonprofit charitable organization, public entity or private non-
41 profit educational institution.
42 (6) Any employee of a person described in subsections (1) through (5) of
43 this section when performing farm labor contracting activities exclusively for
44 such person, unless the employee receives a commission or fee based upon the
45 number of workers recruited.
46 44-1603. LICENSE -- APPLICATION -- CONTENTS. (1) Except as otherwise pro-
47 vided, no person shall act as a farm labor contractor unless such person holds
48 a valid license issued by the department.
49 (2) An application for a farm labor contractor's license shall be sworn
50 to by the applicant and shall be submitted on a form prescribed by the depart-
51 ment that shall require, but not be limited to, the following information and
52 documentation:
53 (a) The applicant's name, Idaho address and all other temporary and per-
3
1 manent addresses the applicant uses or knows will be used in the future;
2 (b) Two (2) recent, passport sized, color photographs of the applicant,
3 or the applicant's authorized agent when the applicant is not a natural
4 person;
5 (c) A statement by the applicant of all facts required by the department
6 concerning the applicant's fitness, competency, and qualifications to
7 engage in the business of farm labor contracting;
8 (d) A statement by the applicant of all facts required by the department
9 concerning the manner and method by which the applicant proposes to con-
10 duct operations as a farm labor contractor;
11 (e) A certificate of insurance issued by the applicant's auto insurance
12 carrier listing the department as the certificate holder and providing for
13 a thirty (30) day cancellation notice for all vehicles used in the opera-
14 tion of the farm labor contracting business;
15 (f) A certificate of workers' compensation insurance issued by the
16 applicant's workers' compensation insurance carrier listing the department
17 as the certificate holder and providing for a thirty (30) day cancellation
18 notice;
19 (g) Whether the applicant has or was ever granted a farm labor
20 contractor's license in any other jurisdiction;
21 (h) Whether the applicant was ever denied a license or had a license
22 revoked or suspended under the farm labor contractor laws of any other
23 jurisdiction;
24 (i) The names and addresses of all persons financially interested,
25 whether as partners, limited liability company members, shareholders,
26 associates, or profit sharers in the applicant's proposed operation as a
27 farm labor contractor, together with the amount of their respective inter-
28 ests, and whether or not, to the best of the applicant's knowledge, any
29 such persons were ever denied a license or had a license revoked or sus-
30 pended under the farm labor contractor laws of any jurisdiction; and
31 (j) The following declaration by the applicant, or the applicant's autho-
32 rized agent when the applicant is not a natural person: "With regards to
33 any action filed against the applicant concerning the applicant's activi-
34 ties as a farm labor contractor, the applicant appoints the director of
35 the Idaho Department of Labor as the applicant's lawful agent to accept
36 service of summons when the applicant is not present in the jurisdiction
37 in which such action is commenced or have in any other way become unavail-
38 able to accept service.".
39 44-1604. APPLICANT -- PROOF OF FINANCIAL RESPONSIBILITY -- PAYMENT OF
40 CLAIMS. (1) Each applicant shall submit with the application and shall contin-
41 ually maintain proof of financial responsibility to ensure the prompt payment
42 of employees' wages pursuant to chapter 6, title 45, Idaho Code, and the pay-
43 ment of any claims awarded pursuant to section 44-1613, Idaho Code.
44 (2) Proof of financial responsibility shall be in the form of a surety
45 bond from a company licensed to do business in the state of Idaho. The surety
46 bond shall be in the amount of ten thousand dollars ($10,000) if the farm
47 labor contractor employs no more than twenty (20) employees, and thirty thou-
48 sand dollars ($30,000) if the contractor employs more than twenty (20) employ-
49 ees.
50 (3) The surety bond shall be for the benefit of the farm labor
51 contractor's employees and shall be conditioned upon the payment of all sums
52 legally owing to them.
53 (4) The surety bond shall be executed to cover the farm labor
54 contractor's liability for the period for which the license is issued, during
4
1 which time the bond cannot be canceled or otherwise terminated.
2 (5) All claims against the bond shall be unenforceable unless request for
3 payment of a court judgment, or lien pursuant to section 45-620, Idaho Code,
4 has been sent by certified mail to the surety. The surety company shall make
5 prompt and periodic payments on the farm labor contractor's liability to the
6 extent of the total amount of the bond.
7 (6) In lieu of the surety bond required by this section, an applicant or
8 farm labor contractor may deposit with the department cash or other security
9 acceptable to the director. The deposit shall not be less than ten thousand
10 dollars ($10,000) if the farm labor contractor employs no more than twenty
11 (20) employees, and thirty thousand dollars ($30,000) if the farm labor con-
12 tractor employs more than twenty (20) employees. The security deposited with
13 the director in lieu of the surety bond shall be returned to the farm labor
14 contractor at the expiration of two (2) years after the farm labor
15 contractor's license has expired or been otherwise terminated, unless the
16 director has received written notice that a legal or administrative action has
17 been instituted against the farm labor contractor for failing to comply with
18 the requirements of this chapter.
19 44-1605. APPLICATION FEE -- APPROPRIATION. Each application shall be
20 accompanied by a nonrefundable fee of two hundred fifty dollars ($250). All
21 fees collected shall be continuously appropriated to the department and used
22 for the administration of this chapter.
23 44-1606. DEPARTMENT -- LICENSING DUTIES -- LICENSE -- TERM -- RENEWAL
24 FEE. (1) The department shall issue licenses to persons who are at least eigh-
25 teen (18) years of age and who have shown themselves to be fit, competent and
26 qualified to engage in the business of farm labor contracting. Factors to be
27 considered by the department in making this determination shall include, but
28 not be limited to, the following:
29 (a) Whether an applicant has unsatisfied judgments or administrative
30 decisions requiring the payment of unpaid wages;
31 (b) Whether an applicant has worker's compensation coverage for each
32 employee;
33 (c) Whether an applicant has paid unemployment insurance contributions
34 when due;
35 (d) Whether an applicant has violated any provision of this chapter or
36 the rules adopted hereunder;
37 (e) Whether an applicant was ever denied a license or had a license
38 revoked, suspended or not renewed under the farm labor contractor laws of
39 any jurisdiction;
40 (f) Whether an applicant has employed an agent who has had a farm labor
41 contractor license denied, suspended, revoked or not renewed or who has
42 otherwise violated any provisions of this chapter or the rules adopted
43 hereunder; and
44 (g) Whether an applicant, when required by law, has failed or refused to
45 seek food, water, shelter or medical attention, or to provide any other
46 goods or services required for the safety and health of the applicant's
47 employees.
48 (2) The industrial commission shall make records available to the depart-
49 ment, including records that are otherwise exempt from disclosure under sec-
50 tion 9-340B, Idaho Code, for the purpose of determining an applicant's quali-
51 fications under subsection (1)(b) of this section. Records disclosed under
52 this subsection shall not be further disclosed by the department.
53 (3) The department shall issue a license within fifteen (15) business
5
1 days of receipt of a completed application if the department determines the
2 applicant to be fit, competent and qualified to engage in the business of farm
3 labor contracting. An application shall be deemed completed when all required
4 information and documentation has been submitted to the department.
5 (4) The license shall not be transferable or assignable.
6 (5) The first year of licensing shall run from April 1st to the following
7 March 31st and each license shall expire on March 31st following the date of
8 its issuance unless sooner revoked or otherwise terminated by the department.
9 Beginning January 1, 2004, the licensing year shall run from January 1st to
10 the following December 31st and each license shall expire on December 31st
11 following the date of its issuance unless sooner revoked or otherwise termi-
12 nated by the department.
13 (6) A license may be renewed annually upon payment of a nonrefundable fee
14 of two hundred fifty dollars ($250) and by providing the following:
15 (a) Proof of financial responsibility as required by section 44-1604,
16 Idaho Code;
17 (b) A certificate of insurance as required by section 44-1603(2)(e),
18 Idaho Code; and
19 (c) A certificate of insurance as required by section 44-1603(2)(f),
20 Idaho Code.
21 The department may require any person seeking renewal to file a new applica-
22 tion showing the person to be fit, competent and qualified to continue to
23 engage in the business of farm labor contracting.
24 (7) The department shall maintain a central public registry of all per-
25 sons issued a farm labor contractor's license.
26 44-1607. FARM LABOR CONTRACTOR -- DUTIES. A farm labor contractor shall:
27 (1) Carry his farm labor contractor license at all times and exhibit such
28 license upon request to anyone with whom the farm labor contractor intends to
29 deal in his capacity as a farm labor contractor.
30 (2) File immediately at the United States post office serving the farm
31 labor contractor's address as noted on the license a correct change of address
32 and notify the department each time an address change is made.
33 (3) Pay or distribute promptly when due to the persons entitled all money
34 or other things of value entrusted to the farm labor contractor for that pur-
35 pose.
36 (4) Comply with the terms and provisions of all agreements or contracts
37 entered into by the farm labor contractor.
38 (5) Comply with all applicable state laws and rules.
39 (6) Provide to the department certified copies of payroll records for any
40 payment period requested by the department.
41 (7) Provide to each employee at the time of hiring, recruiting, solic-
42 iting or supplying such employee, whichever occurs first, a written statement
43 in English or, as necessary and reasonable, in Spanish or other language com-
44 mon to agricultural workers who are not fluent or literate in English, that
45 contains a description of:
46 (a) The rate of compensation and the method of computing the rate of com-
47 pensation;
48 (b) The terms and conditions of employment, including the name and
49 address of the farm labor contractor, the place of employment, the approx-
50 imate length of the period of employment and the approximate starting and
51 ending dates;
52 (c) The terms and conditions of any bonus offered and the manner of
53 determining when the bonus is earned;
54 (d) The terms and conditions of any loan made to the employee;
6
1 (e) The terms and conditions of any housing, transportation, equipment,
2 health care, day care or any other employee benefit to be provided by the
3 farm labor contractor or the farm labor contractor's agent, and the costs
4 to be charged for each item;
5 (f) The name and address of the surety on the farm labor contractor's
6 bond;
7 (g) The employee's rights and remedies, including an employee's right to
8 make a claim against the farm labor contractor's surety bond.
9 (8) Provide to the employee each time the employee receives a compensa-
10 tion payment from the farm labor contractor a written statement itemizing the
11 total payment, the amount and purpose of each deduction therefrom, the hours
12 worked and, if the work was done on a piece basis, the number of pieces com-
13 pleted.
14 (9) For each employee make, keep and preserve for three (3) years the
15 following information:
16 (a) The basis on which wages were paid;
17 (b) The number of piecework units earned, if paid on a piecework basis;
18 (c) The number of hours worked;
19 (d) The total pay period earnings;
20 (e) The specific sums withheld and the reason for withholding each sum;
21 (f) The net pay; and
22 (g) The name and address of the owner of all operations, or the owner's
23 agent, where the employee worked.
24 44-1608. FARM LABOR CONTRACTOR -- APPLICANT FOR LICENSE -- PROHIBITED
25 ACTS. A farm labor contractor or an applicant for a farm labor contractor's
26 license shall not:
27 (1) Make misrepresentations or false statements on the application for a
28 license.
29 (2) Make or cause to be made, to any person, any false, fraudulent or
30 misleading representation, or publish or circulate or cause to be published or
31 circulated any false, fraudulent or misleading information concerning the
32 terms, conditions or existence of any employment.
33 (3) Solicit, induce or cause to be solicited or induced the violation of
34 an existing contract of employment.
35 (4) Violate, or assist another person to violate the requirements of this
36 chapter.
37 (5) By any force, intimidation, or threat, including threat of deporta-
38 tion, induce any employee of the farm labor contractor to give up any part of
39 the compensation to which the employee is entitled under federal or state wage
40 payment laws.
41 44-1609. LICENSE -- DENIAL, REVOCATION, SUSPENSION, REFUSAL TO RENEW. (1)
42 The department may deny, revoke, suspend or refuse to renew a farm labor con-
43 tractor license when:
44 (a) The applicant or licensee, or the agent of the applicant or licensee,
45 has had his farm labor contractor's license denied or revoked in any
46 jurisdiction within three (3) years of the date of application;
47 (b) The licensee or his agent has violated or failed to comply with any
48 provision of this chapter or the rules promulgated hereunder;
49 (c) The applicant or licensee has an unsatisfied court judgment or final
50 administrative decision against him for unpaid wages;
51 (d) The applicant or licensee made false or misleading statements on, or
52 provided false or misleading information with, his application for a
53 license;
7
1 (e) The applicant or licensee fails to maintain proof of financial
2 responsibility as required by section 44-1604, Idaho Code;
3 (f) The applicant or licensee fails to provide, or the department
4 receives notice of cancellation of any certificates of insurance required
5 by section 44-1603, Idaho Code;
6 (g) The applicant or licensee fails to pay unemployment insurance contri-
7 butions when due; or
8 (h) The applicant or licensee, when required by law, fails or refuses to
9 seek food, water, shelter or medical attention, or to provide any other
10 goods or services required for the safety and health of his employees.
11 (2) Before the department denies, revokes, suspends or refuses to renew a
12 license, the applicant or licensee shall be given written notice of the rea-
13 sons for the licensing action and an opportunity for a hearing.
14 44-1610. ACTION AGAINST LICENSE -- HEARING. (1) The contested case pro-
15 visions of the Idaho administrative procedure act, chapter 52, title 67, Idaho
16 Code, shall not apply to licensing actions under this chapter.
17 (2) When it appears, pursuant to section 44-1609, Idaho Code, that suffi-
18 cient cause exists for the denial of any application for, the revocation or
19 suspension of, or refusal to renew any license required by this chapter, the
20 department shall serve notice, in the manner provided for in subsection (7) of
21 this section, to the applicant or license holder stating the proposed adverse
22 action to be taken, the grounds on which such action is based, and that the
23 department's proposed action shall become final unless, within ten (10) calen-
24 dar days of the date of mailing of the notice, the aggrieved party files with
25 the department a written request for a hearing.
26 (3) A written request for a hearing may be filed by personal delivery, by
27 mail, or by fax to the wage and hour section of the department at the address
28 indicated on the notice. The date of personal delivery shall be noted on the
29 request and shall be deemed the date of filing. If mailed, the hearing request
30 shall be deemed to be filed on the date of mailing as determined by the post-
31 mark. A faxed request that is received by the wage and hour section by 5:00
32 p.m. on a business day shall be deemed filed on that date. A faxed request
33 that is received by the wage and hour section on a weekend, holiday or after
34 5:00 p.m. on a business day shall be deemed filed on the next business day.
35 (4) Reasonable notice of the hearing, containing the date, time, place
36 and purpose of the hearing, shall be served on all parties to the hearing in
37 the manner provided for in subsection (7) of this section.
38 (5) The hearing shall be conducted by an employee of the department des-
39 ignated by the director to be the hearing officer, who shall not be bound by
40 statutory rules of evidence or by technical or formal rules of procedure. A
41 record shall be made of the sworn testimony. Every party to the proceeding
42 shall have the right to counsel at their own expense and a full opportunity to
43 be heard, including such cross-examination as may be appropriate. The hearing
44 officer, as soon after the conclusion of the hearing as possible, on the basis
45 of the record made at the hearing, shall issue a decision and serve it on all
46 parties to the hearing in the manner provided for in subsection (7) of this
47 section.
48 (6) The decision of the hearing officer shall be a final agency order and
49 shall be effective on the date it is issued, subject only to the judicial
50 review provisions of chapter 52, title 67, Idaho Code.
51 (7) Any notice or decision required by this section shall be deemed
52 served if delivered to the person being served or if mailed to his last known
53 address. Service by mail shall be deemed completed on the date of mailing. The
54 date indicated on the notice or decision as the "date of mailing" shall be
8
1 presumed to be the date the document was deposited in the United States mail,
2 unless otherwise shown by a preponderance of competent evidence.
3 44-1611. JOINT LIABILITY. (1) If an agricultural employer uses a farm
4 labor contractor who is properly licensed and bonded under the provisions of
5 this chapter, that agricultural employer shall not be jointly and severally
6 liable for any unpaid wages determined to be due and owing pursuant to chapter
7 6, title 45, Idaho Code, to any employee of the farm labor contractor who per-
8 formed work for that agricultural employer.
9 (2) An agricultural employer who knowingly uses the services of an unli-
10 censed farm labor contractor shall be jointly and severally liable for any
11 unpaid wages determined to be due and owing pursuant to chapter 6, title 45,
12 Idaho Code, to any employee of the unlicensed farm labor contractor who per-
13 formed work for that agricultural employer. In making determinations under
14 this section, any user of a farm labor contractor may rely upon either the
15 license issued by the department to the farm labor contractor under section
16 44-1603, Idaho Code, or the department's representation that such contractor
17 is licensed as required by this chapter.
18 44-1612. CLAIM FOR WAGES -- EXCLUSIVE REMEDY. A claim for unpaid wages by
19 an employee of a farm labor contractor shall be treated as a claim for wages
20 under chapter 6, title 45, Idaho Code.
21 44-1613. PRIVATE RIGHT OF ACTION. Except as provided for in section
22 44-1612, Idaho Code, any person aggrieved by a violation of this chapter may
23 bring a civil action in a court of competent jurisdiction for injunctive
24 relief, damages or both. If the court finds that any person violated any of
25 the provisions of this chapter, it shall award actual damages, plus an amount
26 equal to treble the amount of actual damages, or one thousand dollars ($1,000)
27 per violation, whichever is greater. The court shall also award a prevailing
28 plaintiff reasonable attorney's fees and costs. No action under this section
29 may be commenced later than two (2) years after the date of the violation giv-
30 ing rise to the right of action.
31 44-1614. SERVICE OF PROCESS WHEN UNLICENSED CONTRACTOR IS UNAVAILABLE. In
32 any action arising out of the activities of an unlicensed farm labor contrac-
33 tor within this state who is not in the state or is otherwise unavailable for
34 service of process in this state, the unlicensed farm labor contractor may be
35 served by mailing a certified true copy of the summons and complaint to the
36 director; the last-known address, if any, of the unlicensed farm labor con-
37 tractor; and any other address the use of which the plaintiff knows, or on the
38 basis of reasonable inquiry, has reason to believe is most likely to result in
39 actual notice.
40 44-1615. RETALIATION PROHIBITED. No farm labor contractor may discharge
41 or in any other manner discriminate against an employee because that employee
42 made a claim against the farm labor contractor pursuant to this chapter, tes-
43 tified or is about to testify in any proceedings brought pursuant to this
44 chapter, or discussed or consulted with anyone concerning the employee's
45 rights under this chapter.
46 44-1616. VIOLATIONS -- PENALTY. (1) Any person who intentionally defaces,
47 alters or changes a farm labor contractor license, or who uses the license of
48 another, or who knowingly permits another person to use his license or acts as
49 a farm labor contractor without a license shall be guilty of a misdemeanor,
9
1 punishable by a fine not to exceed one thousand dollars ($1,000), or up to
2 sixty (60) days in jail or both. Each violation shall constitute a separate
3 offense.
4 (2) Any person who violates any other provision of this chapter shall be
5 guilty of a misdemeanor, punishable by a fine not to exceed three hundred dol-
6 lars ($300), or up to thirty (30) days in jail or both. Each violation shall
7 constitute a separate offense.
8 44-1617. DEPARTMENT -- ADMINISTRATIVE RULES. The department may adopt
9 rules reasonably necessary for the administration of this chapter.
10 44-1618. SEVERABILITY. The provisions of this chapter are hereby declared
11 to be severable, and if any provision is declared void, invalid, or unenforce-
12 able in whole or in part, such declaration shall not affect the remaining pro-
13 visions of this chapter.
14 SECTION 2. This act shall be in full force and effect on and after Janu-
15 ary 1, 2003.
STATEMENT OF PURPOSE
RS 11604C1
This legislation requires persons performing farm labor contracting
activities in the State of Idaho to be licensed by the State and pay
an annual licensing fee. It requires that licensed farm labor
contractors post a surety bond to cover unpaid wages; carry auto
insurance for all vehicles used in the farm labor contractor's
business; carry workers' compensation coverage for all employees;
and provide all employees when hired full disclosure about the rate
of pay, benefits to be furnished, and all expenses that may be
deducted from an employee's wages.
This legislation also provides a benefit to both farmers and farm
labor contractors. It provides that farmers who use licensed farm
labor contractors will not be considered a joint employer of the farm
labor contractor's employees. This incentive for farmers to use
licensed farm labor contractors should increase business
opportunities for licensed contractors while reducing unfair
competition from unlicensed contractors.
This legislation will not be effective until January 1, 2003.
FISCAL IMPACT
The State Department of Labor estimates it will need one FTE to
cover the duties that will be required by this legislation. The
fiscal impact to state General Fund revenues is estimated to be
$65,900 per year. Of this amount, 70% or $46,130 will be for personal
services and 30% or $19,770 will be for operating expenses.
The Department will be charging an annual licensing fee of $250.
Because this legislation is not implemented until January 1,2003, the
cost for FY 2003 will be $32,950 ($23,065 for personal services and
$9,885 for operating expenses). Of this amount, $23,065 for personal
services will come from General Fund revenues. The $9,885 for
operating expenses will include $7,385 from General Fund revenues
and $2,500 from licensing fees, which are dedicated funds.
Contact
Name: Dwight Johnson, Department of Labor
Phone: 208/332-3570 ext. 3209
STATEMENT OF PURPOSE/FISCAL NOTE S 1289