California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 5 - Prohibited Fees & Costs; Post-Hire Costs and Expenses; Disclosures to Foreign Worker by Contractor › Section 13874 - Disclosure by Contractor to Worker

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the time of recruitment, a contractor
					 shall disclose to each worker in writing on a form (DLSE 703) the information
					 specified in subsection (b). Within 7 days of disclosure to the worker, the
					 labor contractor shall transmit to the Labor Commissioner, by email at
foreignlaborcon@dir.ca.gov
or by mail to: California
					 Labor Commissioner, Licensing & Registration Unit-FnLC, 1515 Clay Street,
					 Suite 401, Oakland, CA 94612, the full disclosure form executed by the
					 contractor along with a separate list of workers who received the same work
					 contract. A separate disclosure is required for different work
					 contracts.
(b) The disclosure to be
					 provided to a worker when conducting a recruiting activity shall include:
(1) Name of the prospective worker who is
					 provided the form.
(2) Employer
					 information pertaining to the prospective employment opportunity for which the
					 labor contractor is recruiting.
(A) Employer's
					 full name and any fictitious (doing business as) names used by the
					 employer.
(B) Employer's business
					 address (physical address and phone number).
(3) Foreign labor contractor information
					 pertaining to each person (each contractor and, if any, each subcontractor or
					 agent) who is performing solicitation and/or recruitment activities.
(A) Labor Contractor's full name and any
					 fictitious (doing business as) names used by the labor contractor.
(B) Labor Contractor's phone
					 number.
(C) Registration number
					 issued by the Labor Commissioner along with a statement that only recruiters
					 who are registered by the Labor Commissioner may recruit workers for employment
					 in California.
(4) Type
					 of federal visa, length of time for visa, indicate who will be responsible for
					 renewing visa, and a statement that any other expenses associated with renewing
					 the visa shall be paid by the employer.
(5) Training. A statement that the person
					 shall not be charged for training relating to the prospective employment and
					 indicate whether or not training is a condition of employment and whether it
					 will be provided, the time period of training, and the rate of pay during
					 training.
(6) Attach to the
					 disclosure a copy of an employer signed work contract detailing all assurances
					 and terms and conditions of employment. The work contract shall contain the
					 following required information and the contractor shall indicate on the form
					 whether the item is included in the contract. If a particular category of
					 information does not apply, it must be so stated in the contract. A job order
					 signed by the employer and submitted to the U.S. Department of Labor for
					 purposes of obtaining foreign labor certification which contains all of the
					 information in this subsection may be used to satisfy this requirement if it
					 contains the same information as the actual work contract with the foreign
					 worker.
(A) Salary or wage rate, including any
					 production standards
(B) Itemized
					 withholdings and deductions
(C)
					 Other compensation (e.g. paid sick leave, paid vacation, health insurance,
					 dental insurance, disability insurance, life insurance)
(D) Place (address) of employment
(E) Accessible by public transportation (yes
					 or no)
(F) Start and end dates of
					 employment
(G) Position or job
					 title
(H) Job duties
(I) Weekly schedule
(J) Any guarantee that employer will offer
					 work for hours equal to at least three-fourths of the workdays in each 12-week
					 period (or 6-week period for employment periods lasting less than 120
					 days)
(K) Any penalties for
					 terminating employment, to the extent that such penalties do not violate
					 governing state or federal law
(L)
					 Notice that employer will provide workers with all tools, supplies, and
					 equipment necessary to perform the job at no cost to the
					 employee
(7) A statement
					 that no additional requirements may be added or any other changes made to the
					 work contract unless the worker is:
(A) Given
					 48 hours to review and consider the additional requirements or changes,
					 and
(B) Gives specific consent,
					 voluntarily and without threat of penalty to each additional requirement or
					 change to the work contract.
(8) Prohibited costs, expenses, or fees.
(A) A statement that no costs, expenses or
					 fees may be charged prior to commencing work and the cost of any tools,
					 supplies or equipment necessary to perform the job shall be paid by the
					 employer.
(B) List of prohibited
					 recruitment fees which include items specified in Section
					 13870.
(9) Itemized allowable post-hire costs,
					 expenses, or fees as specified in Section
					 13873.
(10) Contains the following statements
					 regarding rights of a prospective or hired foreign worker, enforcement
					 instructions which substantially state the following, and includes as an
					 attachment the Department of Industrial Relations flyer,
All Workers in
					 California Have Rights
(or a subsequent worker rights flyer with
					 updated information):
* You are protected by both California and federal law
						(California Business and Professions Code Division 3, Chapter 21.5, the federal
						Trafficking Victims Protection Act of 2000 (Division A,
						Public Law
						106-386), and federal H-2B regulations at 20
						C.F.R. Part 655 and 29 C.F.R. Part 503).
* The foreign labor contractor who recruited you must
						register and post a surety bond with the state, and must comply with all of the
						prohibitions and requirements detailed above.
* Your employer may only use registered foreign labor
						contractors to recruit foreign guest workers, and must notify the California
						Labor Commissioner that it is employing foreign guest workers.
* Your employer must comply with all applicable state
						laws, including minimum wage and all of the prohibitions and requirements
						detailed above. The attached flyer describes your rights as a worker under
						California law.
* The foreign labor contractor and the employer may not
						intimidate, threaten, restrain, coerce, fire, demote, or discriminate against
						you or your family in retaliation for you exercising any of your rights as a
						foreign guest worker.
* If a foreign labor contractor violates the registration
						law, the foreign labor contractor may be fined by the state, and you or the
						state may sue the foreign labor contractor for injunctive relief (to stop the
						violation) or damages (money).
* If a foreign labor contractor violates the registration
						law, or your employer does not comply with requirements or prohibitions stated
						in this disclosure, including workplace laws, you may call toll free number
						1-844 LABOR-DIR (or 1-844-522-6734) or contact the nearest office of the
						California Labor Commissioner (list attached) to report the violation.
						Spanish-speaking workers may call 1-877-552-9832 (1-877-55AYUDA) for
						assistance.
* If you feel you are being forced to perform labor
						against your will, contact the National Human Trafficking Resource Center: Call
						1-888-373-7888 -or- Text HELP to 233733.
(11) The labor contractor shall execute a
					 declaration, under penalty of perjury that the information included in the
					 disclosure and attached work contact are true and complete and provided to the
					 prospective or hired worker. Any material misrepresentation is grounds for
					 denial, suspension, or revocation of the labor contractor's registration by the
					 Labor Commissioner.