California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13.5 - Enforcement of Client Employer Liability Under Labor Code Section 2810.3 › Section 13832 - Methods for Determining Liability Among Multiple Client Employers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When enforcing
				  client employer liability under Labor Code section
				  2810.3 where a
				  labor contractor provides the same worker(s) to perform labor, work, or
				  services at the premises or worksite of more than one client employer in a
				  workweek or workday, the shared statutory liability for wages, damages, and
				  penalties for each client employer must be allocated among the client
				  employers. Allocation may be based upon any of the following methods, at the
				  discretion of the Labor Commissioner in an administrative proceeding or the
				  court in a civil action, as appropriate under the circumstances of the case:
(1) Hours Worked Per Workweek by the Worker
				  for Each Client Employer. The amount of time that the worker spent performing
				  labor, work, or services at the worksite or premises of each client employer,
				  including compensable travel time to and from the first and last worksite, and
				  between client employer worksites (if any), during the workweek, shall be
				  calculated as a percentage of the total number of hours worked by the worker
				  for the labor contractor during that workweek. The resulting percentage for
				  each client employer shall be its share of liability as applied to the full
				  amount of all wages, damages, and penalties owed by the labor contractor for
				  that workweek.
(2) Hours Worked Per
				  Workday by the Worker for Each Client Employer. The amount of time that the
				  worker spent performing labor, work, or services at the worksite or premises of
				  each client employer, including compensable travel time to and from the first
				  and last worksite, and between client employer worksites (if any), during the
				  workday, shall be calculated as a percentage of the total number of hours
				  worked by the worker for the labor contractor during that workday. The
				  resulting percentage for each client employer shall be its share of liability
				  as applied to the full amount of all wages, damages, and penalties owed by the
				  labor contractor for that workday.
(3) Worker Testimony to Determine Allocation
				  in the Absence of Accurate Records. If any necessary records required in
				  section 13831 are not produced, incomplete,
				  inaccurate, or insufficient, the Labor Commissioner or a court may rely on any
				  other available evidence, including reliable evidence from client employers.
				  Just and reasonable inferences about the allocation may be made based on worker
				  testimony, including any estimates, as to travel time and time spent performing
				  labor, work, or services at the worksite or premises of each client
				  employer.
(4) Equal Apportionment
				  Where Evidence is Insufficient. If records described in section
				  13831, any other available
				  evidence, and worker testimony are deemed insufficient to determine allocation
				  of liability based on subdivision (1) or (2), the full amount of liability for
				  wages, damages and penalties will be apportioned equally amongst all known
				  client employers.