California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13634 - Requirements for Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applicants for registration shall complete the application form provided by the
				  Labor Commissioner entitled, "Application for Registration Garment
				  Manufacturing Industry" [DLSE 810 (REV. 11/23)], which is hereby incorporated
				  by reference. The form is available online at
https://www.dir.ca.gov/dlse/apply_new_garment_manufacturers_and_contractors.htm
.
				  The form includes the following information which the applicant shall certify
				  under penalty of perjury:
(1) Name and
				  business address of applicant, and the address of each location where employees
				  will be engaged in garment manufacturing;
(2) Form of business entity;
(3) Name, social security number, California
				  driver's license number, and residence address of owner, if sole
				  proprietorship;
(4) Name(s), social
				  security number(s), California driver's license number(s), and residence
				  address(es) of co-owners, if any;
(5) Fictitious name, if any, under which the
				  business is operated;
(6) Names,
				  social security number(s), California driver's license number(s), and residence
				  addresses of all partners, if a partnership;
(7) Names, social security numbers,
				  California driver's license numbers, and residence addresses of all officers
				  and directors, and their respective titles, if a corporation;
(8) Number of employees, and a copy of the
				  most recently filed quarterly report to the Employment Development Department
				  reflecting the number of employees employed;
(9) Type of business, and whether the
				  business primarily operates as a garment manufacturer or a garment
				  contractor;
(10) Proof of current
				  workers' compensation insurance coverage;
(11) The name(s), address(es), and form(s) of
				  business entities of persons and entities engaged in the business of garment
				  manufacturing with whom the applicant has entered into contracts for the
				  performance of garment manufacturing services during the past three
				  years;
(12) The applicant's
				  employer tax identification number;
(13) Name(s), social security number(s),
				  California driver's license number(s), and residence address(es) of all
				  managers and supervisors who directly or indirectly control the wages, hours,
				  or working conditions of the applicant's employees.
(14) Name(s), social security number(s),
				  California driver's license number(s), and residence addresses of all
				  substantial shareholders, and the percentage of their ownership in the
				  business, if a corporation. For the purpose of this section, the term
				  "substantial shareholder" shall mean any shareholder who owns at least 20% of
				  the total value of all classes of stock, or, if no stock has been issued, who
				  owns at least 20% of the beneficial interests in the corporation.
(15) Names, social security number(s),
				  California driver's license number(s), and residence addresses of all members,
				  if a limited liability corporation.
(16) Name and business address of the agent
				  for service of process, if a corporation or limited liability
				  company.
(17) The amount of gross
				  sales receipts, as defined in section
				  13635(d), for the
				  12-month period immediately preceding the filing of the application.
(18) A list of all assessments of wages due
				  and all penalty citations for violations of provisions of the Fair Labor
				  Standards Act or the California Labor Code that were issued by the United
				  States Department of Labor or the California Department of Industrial Relations
				  within the past three years to the applicant or the applicant's owner(s),
				  partners (if the applicant is a partnership), corporate officers, directors and
				  substantial shareholders (if the applicant is a corporation), members (if the
				  applicant is a limited liability company), or managers and supervisors; the
				  names of the persons and businesses that were cited or assessed; the date and
				  amount of each citation or assessment; the disposition of any appeal on the
				  citation or assessment; and whether or not the citation or assessment has been
				  paid, and if so, the date it was paid.
(19) A list of all judgments and settlement
				  agreements for unpaid wages that were entered within the past five years
				  against the applicant or the applicant's owner(s), partners (if the applicant
				  is a partnership), corporate officers, directors and substantial shareholders
				  (if the applicant is a corporation), members (if the applicant is a limited
				  liability company), or managers and supervisors; the names of the persons and
				  businesses against whom judgments or settlement agreements for unpaid wages
				  were entered; the date of entry of judgment or the date of execution of the
				  settlement agreement; the court that entered the judgment, the case number, and
				  the amount found due in each judgment or settlement agreement; and whether or
				  not the judgment or settlement agreement has been paid, and if so, the date it
				  was paid.
(20) Whether the
				  applicant or the applicant's owner(s), partners (if the applicant is a
				  partnership), corporate officers, directors and substantial shareholders (if
				  the applicant is a corporation), members (if the applicant is a limited
				  liability company), or managers and supervisors have had a garment registration
				  certificate revoked or an application for registration denied, and if so, the
				  name and address of the business whose registration or application for
				  registration was revoked or denied, the period of revocation or date of denial,
				  and the reasons for the revocation or denial.
(21) For any applicant that had an
				  application for registration denied, or a registration revoked or suspended,
				  pursuant to proceedings under section
				  13646 at any time during the past
				  three years, whether the applicant has had any gross sales receipts, as defined
				  in section 13635(d), at any
				  time during the three years prior to the filing of the application.
(22) For new applicants, whether the
				  applicant or the applicant's owner(s), partners (if the applicant is a
				  partnership), corporate officers, directors and substantial shareholders (if
				  the applicant is a corporation), members (if the applicant is a limited
				  liability company), managers and supervisors, or immediate family members of
				  any of the above persons have ever previously operated as a garment
				  manufacturer, contractor, or in any other capacity in garment manufacturing,
				  including but not limited to exercising direct or indirect control over garment
				  workers' wages, hours and working conditions, and if so, the name(s) and
				  address(es) of the business(es), dates of operation, garment registration
				  number(s), and dates of registration.