MEMBER ACTION!  Now is the time to contact your local legislator and inform them to oppose AB 1313, AB 2346 and AB 2676.

Here are copies of sample letter(s) for your reference as you write to your legislators and encourage them to oppose these bills.  

• AB 1313 (click here for .pdf version)
• AB 2346 (click here for .pdf version)
• AB 2676 (click here for .pdf version)   
   
• Go to our website for Word Document Versions of all of these letters at www.calstatefloral.com/news.html 

Stopping these bills impacting agriculture labor relations have been the focus of the association and other ag interests this year. We have been actively opposing three bills AB 1313 (Allen) which would require overtime for ag employees after 8 hours in a day and 40 hours in a week, AB 2346 (Butler) which would address heat stress regulations by authorizing a private right of action for enforcement and joint liability for farmers and AB 2676 (Calderon) which dramatically increases fines for violations of heat stress regulations.

AB 1313 and AB 2676 are both on the Senate Floor available to be taken up any time. AB 2346 passed out of appropriations committee yesterday with amendments and will be on the Senate Floor next week.

AB 1313 (Allen) would eliminate agriculture's exemption from the 8-hour workday. This bill would:

• require overtime to be paid for all work in excess of 8 hours.

AB 2346 (Butler) was recently amended. The new language eliminates the unworkable regulatory requirements for providing heat and shade. However, the bill continues to create joint and several liabilities for property owners who utilize labor contractors and would allow employees to sue their employer for heat stress violations. The bill would:

• Impose joint liability for growers utilizing the services of a Farm Labor Contractor who is a repeat offender of the Heat Prevention Standard. Repeat offender is defined as anyone with more than one violation in a five year period. This includes technical paperwork violations.
• Create a private right of action allowing an employee to sue the employers for violations of the Heat Prevention Standard

AB 2676 (Calderon) was amended last month to create new criminal penalties for agricultural employers. The bill would:

• Allow for extreme fines of up to $10,000 and six months in jail for failure to provide shade that is 'sufficient to allow the body to cool' at all times and one quart of 'suitably cool' water per employee per hour. If an injury or death occurs as a result of the violation, the penalty is $25,000 and one year in jail.
• The language in the bill is not consistent with the current CalOSHA Heat Stress Standard which would set up employers for frivolous claims of violation.