PPM Section 380-77

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Policy and Procedure Manual

Chapter 380, Personnel--General
Section 77, Seasonal Farm Labor
Approved: 7/3/03, revised 7/7/04
Supersedes: 6/19/91

Responsible Department: Accounting and Financial Services
Source Document: N/A

I. Purpose

This section outlines policy and procedures regarding the temporary employment for a few hours duration of seasonal farm laborers at agricultural field stations or other locations outside of Davis, the use of a petty cash fund for the payments, and the reporting of the payments. The procedures in this section may be used within the Davis area only when approved in advance by Employment/Outreach.

II. Policy

A. The purpose of the seasonal farm labor payment procedure is to provide a convenient method for payment of wages to individuals hired as seasonal farm laborers who are not required to be absent overnight from their permanent place of residence. This method is used when access to a Purchasing Department farm labor contractor services agreement is not available or practical.

B. The seasonal farm labor procedure may be used only for employment of persons who fulfill all the following conditions:

1. They are employed in any of the following described agricultural occupations:

a. The preparation, care, and treatment of farm land, pipeline, or ditches, including leveling for agricultural purposes, plowing, discing, and fertilizing the soil.

b. The sowing and planting of any agricultural or horticultural commodity.

c. The care of any agricultural or horticultural commodity; as used in this section "care" includes, but is not limited to, cultivation, irrigation, weed control, thinning, heating, pruning, or tying, fumigating, spraying, and dusting.

d. The harvesting of any agricultural or horticultural commodity, including but not limited to picking, cutting, threshing, mowing, knocking off, field chopping, bunching, baling, balling, field packing, and placing in field containers or in the vehicle in which the commodity will be hauled, and transportation on the farm or to a place of first processing or distributions.

e. The assembly and storage of any agricultural or horticultural commodity, including but not limited to loading, road siding, banking, stacking, binding, and piling.

f. The raising, feeding, and management of livestock, fur-bearing animals, poultry, fish, mollusks, and insects, including but not limited to herding, housing, hatching, milking, shearing, handling eggs, and extracting honey.

g. The harvesting of fish, as defined by Section 45 of the Fish and Game Code, for commercial sale.

h. The conservation, improvement, or maintenance of such farm and its tools and equipment.

2. They will earn less than $1,500 from the University within the calendar year.

3. They are 16 years of age or older and, if between the ages of 16 and 18, have presented a work permit to the employing officer.

4. The person has not provided services to the hiring department in the preceding 12 months under any other contract or personnel program.

C. Wages for seasonal farm labor must be based on established local pay rates, which shall be at least one dollar per hour more than California minimum wage. The established pay rates may be obtained from the Compensation Services website, http://www.hr.ucdavis.edu/Salary/, title code 8544.

1. Seasonal farm laborers shall be compensated for hours worked that exceed 40 hours of actual work in a workweek at the rate of 1.5 times the regular rate of pay.

2. Seasonal farm laborers who work 6 continuous hours or more shall be provided a meal period of at least 1/2 hour. Meal periods, which should be substantially duty-free, are neither time worked nor time on pay status.

3. Seasonal farm laborers may be granted one 15-minute rest period for each work period of 3 continuous hours or more. Rest periods are considered time worked.

D. Payments to seasonal farm laborers are made from a petty cash fund issued to the employing officer.

1. The petty cash fund may be established in an amount equal to one month's anticipated disbursements. Section 330-45 describes the procedures for establishment of petty cash funds.

2. Petty cash custodians may establish a personal checking account in their name (separate from their own checking account for their personal funds), deposit their seasonal labor fund, and withdraw funds as needed to pay seasonal farm laborers. Such seasonal labor fund checking accounts are not official University bank accounts, and therefore the University's name may not be used as part of the account name. (See Section 330-43.)

E. Payments to seasonal farm laborers must be recorded on a Seasonal Farm Labor Employment Record, available on the web at http://accounting.ucdavis.edu/Forms.

F. Each farm laborer and the employing officer must complete and sign the U.S. Immigration & Naturalization Service (INS) Form I-9, Employment Eligibility Verification, before the employee begins work. (See Section 380-06; Form I-9 is available on the web at http://atyourservice.ucop.edu/forms_pubs/forms_worksheets/i9.html or you may order NCR forms through the Fulfillment House at http://www.hr.ucdavis.edu/Forms/).

G. Each farm laborer who is a U.S. citizen must sign the State Oath of Allegiance, which is printed on the reverse of the Seasonal Farm Labor Employment Record, before beginning work.

H. Individuals hired as seasonal farm laborers by the University are covered by University liability and Workers' Compensation insurance. Farm labor contractors and their employees are not covered by University insurance and must provide proof of approved coverage before an agreement is issued.

I. If a person who has been paid under this program is later hired as a staff employee in a limited appointment, the maximum duration of the limited appointment is reduced by hours worked under this program.

J. Individuals who exceed the $1,500 maximum (see II.B.2) shall be converted to the applicable staff title code based on the assigned duties.

III. Procedures

Responsibility	Action
Department head	1. Obtains a petty cash fund in the name of the employing officer following procedures described in Section 330-45.
Employing officer	2. Cashes petty cash fund check issued by Accounting & Financial Services and retains the cash for subsequent disbursement to seasonal farm laborers.
Seasonal farm laborer	3. Presents evidence of both identity and U.S. employment authorization to employing officer; completes and signs INS Form I-9 before beginning work.
Employing officer	4. Examines documents presented by seasonal farm laborer and attests on INS Form I-9 that he/she has verified the individual's identity and employment eligibility.
Seasonal farm laborer	5. Signs State Oath of Allegiance on reverse of Seasonal Farm Labor Employment Record before beginning work. Aliens who possess a visa that permits them to work are exempt from signing the State Oath of Allegiance.
Employing officer	6. Pays seasonal farm laborer after work is completed. Payment must be made on the day the work is completed and at the location where the work was done.
Seasonal farm laborer	7. Signs disbursement and receipt record on the face of Seasonal Farm Labor Employment Record.
Employing officer	8. At least monthly, submits completed Seasonal Farm Labor Employment Record, along with associated I-9 forms, to department head for approval and reimbursement of petty cash fund.
Department head	9. Reviews and approves Seasonal Farm Labor Employment Record, indicates account to be charged, and forwards to Accounting & Financial Services with the associated I-9 forms.
Accounting & Financial Services	10. Issues check to employing officer to reimburse petty cash fund for disbursements indicated on Seasonal Farm Labor Employment Record. Reimbursement will be charged to the General Assistance (SUBG) of the account cited on Seasonal Farm Labor Employment Record. Social Security (OASDI and Medicare) employee and employer contributions will be charged to Employee Benefits (SUB6). 11. At least quarterly, pays Internal Revenue Service (IRS) both employer and employee contribution for Social Security tax on farm laborers' wages. 12. At calendar year end, mails each farm laborer an IRS Form W-2, Wage and Tax Earning Statement, to address on his/her INS Form I-9; mails copy of Form W-2 to IRS and California State Franchise Tax Board. Form W-2 reports all wages paid and reports as "OASDI and Medicare Tax Withheld" the employee's OASDI and Medicare contribution paid on behalf of the farm laborer by the University.

IV. References and Related Policy

A. UCD Policy & Procedure Manual:

1. Section 330-43, Official University Bank Accounts.

2. Section 330-45, Petty Cash Funds.

3. Section 350-21, Departmental Purchase Delegations.

4. Section 380-06, Employment Eligibility Verification.

B. Personnel Policies for Staff Members:

1. UC Policy and UCD Procedure 20, Recruitment.

2. UC Policy and UCD Procedure 21, Appointment.