Foreign labor contractor registration: agricultural workers.

Assembly Member Kalra's legislation to expand California's foreign labor contractor registration program would eliminate current exemptions for agricultural workers, extending oversight to all temporary visa holders recruited from abroad. The measure responds to documented gaps in Senate Bill 477 (2014), which currently provides protections to only 3% of the state's temporary foreign workers due to various exemptions.

The bill would require agricultural employers and farm labor contractors to register with the Labor Commissioner when recruiting foreign workers, aligning them with existing requirements for non-agricultural sectors. This registration mandate would apply to recruitment activities conducted outside the United States, including prohibitions on charging recruitment fees and requirements for written contracts detailing work terms and conditions. The Labor Commissioner would maintain authority to enforce these provisions through bonds, penalties, and supervision of registered contractors.

According to the bill's findings, the number of temporary foreign workers entering California annually has grown by 169% since 2014, reaching 345,000 workers. Data from the National Human Trafficking Hotline indicates that H-2A agricultural visa holders, who constitute 14% of temporary workers in California, face particular vulnerabilities during overseas recruitment. The measure would maintain the Labor Commissioner's existing enforcement framework while broadening its application across agricultural and non-agricultural sectors.

The expansion of registration requirements would create new criminal provisions related to unregistered foreign labor contracting activities. While this constitutes a state-mandated local program, the bill specifies that local agencies and school districts would not require reimbursement for associated costs under the California Constitution, as the changes relate to crime definition and enforcement.