Existing law requires an employer to provide an employee, at the time of hiring, a written notice including specified information in the language the employer normally uses to communicate employment-related information to the employee. Existing law requires the Labor Commissioner to prepare a template that includes the specified information mentioned above and to make the template available to employers in the manner as determined by the commissioner.
This bill would require an employer to include in their written notice to all employees, specified information required in the event of a federal or state declared disaster or applicable to the county or counties in which the employee will be employed. The bill would prohibit an employer from retaliating against an H-2A employee for raising questions about the declarations' requirements or recommendations that relate to employment, housing, or working conditions. This bill would additionally require an employer, beginning on March 15, 2023, to provide an H-2A employee, as described, on the day the employee begins work in the state, or begins work for a new employer after being transferred, a written notice in Spanish, prepared by the Labor Commissioner, and, if requested by the employee, in English, containing information deemed material and necessary by the Labor Commissioner, respecting specified topics relative to an H-2A employee's rights pursuant to federal and state law. The bill would also require the commissioner to create a template, as specified, and would require the commissioner to combine these requirements with an existing notification template for purposes of carrying out this requirement, including a separate section of the template listing key legal rights of H-2A workers under California Law, and to make the template available to employers in the manner as determined by the commissioner by March 1, 2023. The bill would also make conforming changes.

Statutes affected:
AB857: 2810.5 LAB
02/17/21 - Introduced: 2810.5 LAB
08/25/21 - Amended Senate: 2810.5 LAB
08/24/22 - Amended Senate: 2810.5 LAB
09/01/22 - Enrolled: 2810.5 LAB
AB 857: 2810.5 LAB