Housing and Transportation FLC Registration Process and Requirements

 U.S. Forest Service  U.S. Bureau of Land Management  State and County Governments  Lumber Companies  Paper Companies  Others

FLSA  Planting Trees  Land Leveling  Clearing  Thinning  Timber Harvest  Transportation of Timber MSPA- Bresgal Decision  Tree Planting  Clearing  Thinning  Related Manual work  Fire Fighting

 FLSA  MSPA  SCA  H-2B  OSHA- Field Sanitation ◦ Non- OSHA Plan States-Idaho Each Act is separate

Coverage  Enterprise Coverage  Individual Coverage Exemptions  Ag exemptions do not apply  Look at other FLSA exemptions Provisions  Minimum Wage  Overtime  Recordkeeping  Child Labor

 Recordkeeping ◦ In-accurate record of hours worked ◦ No or Incomplete Employee information  Hours Worked Issues ◦ Pre/Post Time ◦ Travel time between worksites ◦ Driving time for van driver  Overtime ◦ No overtime after 40 hours in a ww ◦ Does not consider hours for multiple job sites in one work week to determine OT

CoverageProvisions  Bresgal vs. Brock Decision- protects reforestations and firefighting workers who predominately perform manual forestry work, including but not limited to tree planting, brush clearing, precommerical thinning and fire fighting.  FLC Registration  Disclosure  Recordkeeping  Wages  Housing  Transportation MSPA Exemptions Apply

 The difference between year round employment vs. performing work that is seasonal or temporary in nature. ◦ Seasonality is based on the nature of the work rather than the duration of employment

 Migrant agricultural worker-a worker who spends at least one night away from their permanent residence to perform agricultural or reforestation work.  Seasonal or temporary agricultural worker performs agricultural or reforestation work and is able to return home every night.  Race or National Origin does not define if a worker is a Seasonal or Migrant Agricultural worker.

Any person or entity who ◦ Furnishes ◦ Recruits ◦ Employs ◦ Solicits ◦ Hires ◦ Transports & House Agricultural/reforestation workers for a fee or valuable consideration 10

When an FLC employee ◦ Furnishes ◦ Recruits ◦ Employs ◦ Solicits ◦ Hires ◦ Transports/Drives On behalf of the FLC 12

 Use a compliant FLC ◦ What are red flags for you when you are selecting an FLC?  Take reasonable steps to ensure that your FLC is properly registered to perform the activity they are performing on your behalf. ◦ Transportation and Housing  Keep records provided by FLCs for 3 years. 14

 Disclosure of Terms & Conditions of Employment is required  In writing for migrant workers at time of recruitment -  Seasonal at time of hiring, in writing if requested  In a language understood by the workers 15

◦ Place of Employment ◦ Period of Employment ◦ Wages to be paid ◦ Crops & type work ◦ Transportation & any charges ◦ Workers compensation insurance ◦ Unemployment insurance ◦ Housing & any charges ◦ Strike or work stoppage 16

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◦ Employee Name ◦ permanent address ◦ Employee social security number ◦ The basis on which wages are paid ◦ Number of piecework units earned (if paid on a piecework basis) ◦ Number of hours worked ◦ The total pay period earnings ◦ The specific sums withheld and the purpose of each ◦ The net pay FLCs must provided records to growers 18

 Pay the highest applicable disclosed wage rate may include the prevailing SCA wage rate or a higher amount required by another law.  If paid on piece rate, worker must earn at least the SCA wage rate or any other higher applicable wage rate.  When on piece rate, any non-productive time that is considered as hours worked must be paid on an hourly basis.

 Must be paid for all hours worked ◦ Pre and Post shift work, waiting and travel time may be applicable  Deductions may be considered illegal if not disclosed and/or if the deductions bring the employee below the SCA prevailing wage rate  Must be paid overtime if applicable  Must be paid at least every 15 days  Workers must receive wage statement.

 Who ever owns or controls the housing is responsible to meet housing requirements  Housing disclosure must be given  Undisclosed housing charges and unsafe housing conditions result in violations

Common in reforestation since worksites are in remote locations  Motels/Apartments/Cabins  Camping on Public Land ◦ MOU with USFS Common Housing Violations  Overcrowding  Unsafe-drinking and bathing water  Undisclosed charges

Check for overcrowding and hazardous conditions

 Fixed structures must meet either ETA or OSHA standards  OSHA has standards for temporary housing  Regional MOU with USFS on tent housing on federal land.  Remote locations pose the most difficult challenges

 Responsibility based on: “use or cause to be used”  Due to the nature of reforestation work, FLCs are required to transport their workers to the worksites 26

n Qualified Driver n Safe Vehicle & Safe Operation n Adequate Insurance Coverage n Proper Transportation Registration for FLCs/FLCEs n Disclose fees to workers 27

 Must have appropriate State license and endorsements for the type of vehicle used  Must follow CHP when transporting 9 or more passengers  Must have medical certificate ◦ Growers: when transporting 75 miles or more ◦ FLC: Always 28

Secure a vehicle safety inspection ◦ DOL and DOT Standards ◦ California Highway Patrol ◦ Private automotive shop inspection 29

◦ $100,000 liability insurance per existing seat or manufacturer’s specifications  Example- A van with 15 passenger capacity needs 1.5 million dollars of liability coverage  Can be a combination of commercial auto and umbrella policies ◦ Workers Comp may be substituted for liability insurance if fully covered and $50,000 in property damage insurance is added 30

◦ FLC must register as Transportation Authorized (TA) ◦ Driver must register as FLC or FLCE with Driving Authorized (DA) ◦ Secure a valid state driver’s license for vehicle used ◦ Driver must also have a doctor’s certificate of physical fitness within last three years 31

 Meet State requirements  Use as manufactured intended  Applicable DOL standards will be applied

Common Violations  Unsafe vehicles-usually DOT standards apply  Unlicensed driver/no medical certificate  FLC/FLCE not transportation and/or driving authorized  Uninsured or Under insured