California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 9 - Farm Labor Contractors › Article 4 - Farmworker Remedial Account › Section 13667 - Procedure to Obtain Damages from the Farmworker Remedial Account

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employee of
					 a licensed farm labor contractor or an unlicensed farm labor contractor who has
					 been recruited, solicited, supplied, hired, furnished or transported by the
					 contractor on behalf of an employer engaged in the growing or producing of farm
					 products and who has suffered damages in the form of non-payment of all or part
					 of the wages owed to the employees may seek recovery from the Farmworker
					 Remedial Account.
(b) A claim for
					 recovery from the Farmworker Remedial Account must be addressed to the Labor
					 Commissioner by an employee(s), or his or her (their) representative or a farm
					 labor contractor on behalf of his or her employees or their representatives.
					 The history and current status of the claim submitted against the Farmworker
					 Remedial Account will determine what additional information, if any, will be
					 required by the Labor Commissioner. Information necessary to satisfy this
					 section does not need to be in any particular format. Claims may originate from
					 an Order, Decision or Award, the judgment of a civil court or other tribunal,
					 or from other final determinations. F or claims originating from an Order,
					 Decision or Award of the Labor Commissioner, civil court, or other tribunal, a
					 copy of the final decision and findings may satisfy the requirements of this
					 section.
(c) To file a claim for
					 recovery from the Farmworker Remedial Account, the following information is
					 required:
(1) a list naming each employee or
					 claimant for whom recovery is sought and the time period for which recovery is
					 sought;
(2) the name and address of
					 the farm labor contractor(s), grower(s) or packer(s) whose conduct has damaged
					 the employee(s) or claimant(s);
(3)
					 valid form of identification, including a Social Security or taxpayer
					 identification number, if available, of each employee for whom recovery is
					 sought;
(4) a copy of the written
					 authorization of claimant to his or her representative authorizing the
					 representative to act on his or her behalf that bears the claimant's signature,
					 if applicable, and mailing instructions for payment of the claim;
(5) a copy of a final Order, Decision or
					 Award of the Labor Commissioner, or final judgment filed in a court or other
					 tribunal, if applicable; and,
(6) a
					 declaration or affidavit under penalty of perjury which complies with the
					 provisions of Code of Civil Procedure Section
					 2015.5
					 containing information regarding attempts made to satisfy the claim by demand
					 against the surety bond (if the contractor was licensed) as provided in Labor
					 Code Section
					 1684(a)(3)
					 and the results of that demand. The declaration or affidavit must also disclose
					 what attempts, if any, were made to collect the recovery sought directly from
					 the farm labor contractor, grower or packer and the results of those attempts.
					 If no attempts have been made to collect either from the surety bond or the
					 farm labor contractor, grower, or packer, the declaration must explain the
					 reasons for such inaction. The fact that no attempts have been made will not of
					 itself defeat recovery from the Farmworker Remedial Account, if it is shown
					 that any attempt would have been futile. The declaration or affidavit required
					 herein may be signed by the representative of the employee(s), claimant(s), or
					 farm labor contractor if the information submitted does not require the
					 personal knowledge of the employee(s), claimant(s), or farm labor
					 contractor.