AB 1362: Foreign labor contractor registration: agricultural workers.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing law establishes the Department of Industrial Relations within the Labor and Workforce Development Agency and sets forth the functions of the department, which include, among others, fostering, promoting, and developing the welfare of the wage earners of California and improving their working conditions. Existing law establishes within the department the Division of Labor Standards Enforcement, headed by the Labor Commissioner, for the purposes of enforcing labor laws.

Existing law requires the Labor Commissioner to enforce and administer a program to register and supervise foreign labor contractors who perform foreign labor contracting activities to recruit or solicit foreign workers. Existing law defines foreign workers for purposes of these provisions to mean any person seeking employment who is not a United States citizen or permanent resident but who is authorized by the federal government to work in the United States, including a person who engages in temporary nonagricultural labor, as specified. Existing law requires foreign labor contractors to register under the program, as prescribed. Existing law requires an applicant for registration as a foreign labor contractor to execute a written application in a form prescribed by the commissioner, as specified, that includes, among other things, the names and addresses of all persons financially interested in the proposed operation as a foreign labor contractor, as provided. Existing law imposes specific requirements on foreign labor contractors relating to recruitment or solicitation for employment and relating to work contracts. Existing law authorizes the commissioner to adopt regulations or policies and procedures to implement these provisions. Existing law authorizes the commissioner, or a person aggrieved by a violation of these provisions, to bring certain actions against the violator, including an action for injunctive relief, as provided. A violation of these provisions is a crime.

Existing law makes these provisions applicable only to nonagricultural workers, and exempts persons licensed as farm labor contractors, specified persons exempt from farm labor contractor licensing requirements, and employers of agricultural workers.

This bill would, beginning July 1, 2027, expand the above-described provisions to agricultural workers under the federal H-2A visa program. The bill would make related conforming changes and findings and declarations. The bill would additionally require, beginning July 1, 2027, the above-described application to contain a listing of each federal visa program under which the person will be performing foreign labor contracting activities. The bill would authorize the commissioner to enforce the above-described foreign labor contractor registration provisions through specified procedures, including the issuance of a citation or filing of a civil action against a person who violates those provisions.

(2)Existing law requires farm labor contractors to be licensed by the commissioner and to comply with specified employment laws applicable to farm labor contractors. Existing law prohibits the commissioner from issuing to any person, or renewing, a license to act as a farm labor contractor unless certain conditions are satisfied, including a requirement that the person has executed a written application in a form prescribed by the commissioner as a foreign labor contractor, as prescribed.

This bill would require, beginning July 1, 2027, a person who is licensed or acting as a farm labor contractor and who performs foreign labor contracting activities to register with the commissioner as a foreign labor contractor, as prescribed. The bill would authorize the commissioner to eliminate duplicative application information requirements for information previously obtained from the farm labor contractor’s license application, as specified. By expanding the application of the foreign labor contractor registration provisions, the bill would expand an existing crime, thereby imposing a state-mandated local program.

Sponsors

Sponsors by party (alphabetical): Democratic 9

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 1, 2025Chaptered by Secretary of State - Chapter 190, Statutes of 2025.
2. October 1, 2025Approved by the Governor.
3. September 23, 2025Enrolled and presented to the Governor at 4 p.m.
4. September 11, 2025Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 16. Page 3310.).
5. September 10, 2025In Assembly. Concurrence in Senate amendments pending.
6. September 10, 2025Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8. Page 2814.).
7. September 8, 2025Read second time. Ordered to third reading.
8. September 5, 2025Read third time and amended. Ordered to second reading.
9. August 29, 2025Read second time. Ordered to third reading.
10. August 29, 2025From committee: Do pass. (Ayes 5. Noes 2.) (August 29).
11. August 18, 2025In committee: Referred to suspense file.
12. July 9, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 1.) (July 8). Re-referred to Com. on APPR.