reglab/statecodes huggingface dataset:
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 13652 - Rights of Parties at Hearing; Taking of Evidence; and Rules of Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each party to a
				  hearing shall have the right to appear in person and by counsel; to call and
				  examine witnesses and cross-examine opposing witnesses on any matter relevant
				  to the issues even though that matter was not covered in the direct
				  examination; to impeach any witness regardless of which party first called the
				  witness to testify; to rebut evidence; and to introduce documentary exhibits
				  and other evidence.
(b) Oral
				  evidence shall be taken only on oath or affirmation.
(c) The hearing proceedings shall be
				  electronically recorded. In lieu of or supplemental to an electronic recording,
				  the hearing officer shall allow a party to have the proceedings transcribed by
				  a court reporter, provided that the court reporter furnish the Labor
				  Commissioner with a certified copy of the transcript as soon as it is prepared,
				  and that the party requesting that the proceedings be transcribed pay the cost
				  of all transcripts.
1. Amendment
					 of section and NOTE filed 9-9-2002; operative 10-9-2002 (Register 2002, No.
					 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2673.1(m),
						2675(a)(2),
						2679(b)
						and
						2681, Labor
						Code.
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 13653 - Role of Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing officer who presides over the hearing, in
					 exercising sound discretion, may control the order of presentation of evidence
					 at the hearing; keep out repetitive and cumulative evidence; and otherwise rule
					 on the evidence.
1. Amendment
					 of NOTE filed 9-9-2002; operative 10-9-2002 (Register 2002, No.
					 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2673.1(m),
						2675(a)(2),
						2679(b)
						and
						2681, Labor
						Code.
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 13654 - Issuance of Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subpoen as and subpoenas duces tecum may be issued for the
					 attendance of witnesses at the hearing, and for the production of documents at
					 any reasonable place and time or at a hearing, in accordance with the
					 procedures set forth at Government Code Sections
					 11450.05
					 to
					 11450.50.
1. Repealer
					 and new section and amendment of NOTE filed 9-9-2002; operative 10-9-2002
					 (Register 2002, No. 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2673.1(m),
						2675(a)(2),
						2679(b)
						and
						2681, Labor
						Code.
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 13655 - Determination of Manufacturer's Proportionate Share of Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Labor Commissioner may determine a manufacturer's
					 proportionate share of liability for damages and penalties under Labor Code
					 Section
					 2673.1(b)
					 by using any one of the following methods, at the discretion of the Labor
					 Commissioner. Records maintained by the contractor, manufacturer, or brand
					 guarantor may be used to establish proportionate share, but in the event that
					 any necessary records are not produced, incomplete, or inaccurate, the Labor
					 Commissioner may rely on any other available evidence, including the testimony
					 of claimants, with respect to these issues:
(a) Contractor's Gross Sales -- The amount
				  earned by the contractor as a result of work performed by the contractor's
				  employees on behalf of the manufacturer during a pay period as a percentage of
				  the total amount earned by the contractor as a result of work performed by its
				  employees during that pay period.
(b) Employees' Hours Worked -- The amount of
				  time that the contractor's employees spent performing work on behalf of the
				  manufacturer during a pay period as a percentage of the total hours worked by
				  the contractor's employees during that pay period.
(c) Garments Produced -- The number of
				  garments or articles of wearing apparel finished, assembled, produced or
				  otherwise prepared by the contractor's employees on behalf of the manufacturer
				  during a pay period as a percentage of the total number of garments or articles
				  of wearing apparel finished, assembled, produced or otherwise prepared by the
				  contractor's employees during that pay period.
(d) Presumption in the Absence of Records --
				  In the absence of records, the Labor Commissioner will make just and reasonable
				  inferences about a manufacturer's proportionate share based on the competent
				  testimony of the claimant(s). If such testimony is insufficient to allow the
				  Labor Commissioner to determine proportionality based on subsections (a), (b),
				  or (c) above, the full amount of the claim for damages and penalties will be
				  apportioned equally amongst the known manufacturers.
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Section
						2673.1, Labor
						Code.
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Section
						2673.1(b),
						Labor Code.
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 13656 - Amounts Included in Assessment of Wages Owed and Order, Decision or Award

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Labor Commissioner's assessment of wages owed issued
					 pursuant to Labor Code Section
					 2673.1, and any
					 subsequently issued order, decision or award, shall set out the amounts owed by
					 the contractor, manufacturer(s), and brand guarantor(s) as follows:
(a) The amounts owed by the contractor for:
(1) Unpaid minimum wages;
(2) Unpaid overtime wages;
(3) Other unpaid (including regular or other
				  premium) wages;
(4) Other
				  compensation owed, including unreimbursed business expenses, pursuant to the
				  Labor Code or applicable Industrial Welfare Commission order;
(5) Liquidated damages in an amount equal to
				  the unpaid minimum wages;
(6)
				  Liquidated damages in an amount equal to the unpaid overtime wages;
(7) Interest on all unpaid wages and on the
				  liquidated damages from the date such wages became due, pursuant to Labor Code
				  Section
				  98.1(c);
(8) Penalties pursuant to Labor Code Section
				  203;
				  and
(9) Any other penalties or
				  damages arising under the Labor Code or applicable Industrial Welfare
				  Commission order.
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 13659 - Information To Be Contained in Contracts Between Manufacturers and Contractors, and on Itemized Wage Statements Provided to Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Every applicant for registration shall certify, in writing and under oath, that
				  the applicant will maintain for inspection and copying, and will make available
				  upon request to the Labor Commissioner or any agent thereof, for a period of no
				  less than four years from the date of execution, a written contract with each
				  party with whom it contracts for the manufacture, sewing, cutting, making,
				  processing, repairing, finishing, assembling, dyeing, altering a garment's
				  design, causing another person to alter a garment's design, affixing a label to
				  a garment, or otherwise preparing any garment or any article of wearing apparel
				  or accessories. Each such contract shall contain the following:
(1) The garment manufacturer's correct legal
				  entity, any fictitious business names, and if a corporation or limited
				  liability company, the name and address of the designated agent for service of
				  process;
(2) The garment
				  manufacturer's business address, telephone and facsimile numbers;
(3) The garment manufacturer's garment
				  registration certificate number, and its date of expiration;
(4) The garment manufacturer's workers'
				  compensation carrier, policy number, and its date of expiration;
(5) The contractor's correct legal entity,
				  any fictitious business names, and if a corporation or limited liability
				  company, the name and address of the designated agent for service of
				  process;
(6) The contractor's
				  business address, telephone and facsimile numbers;
(7) The contractor's garment registration
				  certificate number, and its date of expiration;
(8) The contractor's workers' compensation
				  carrier, policy number, and its date of expiration;
(9) The date the contract was entered
				  into;
(10) The date the contracted
				  garments or articles of wearing apparel are due for completion;
(11) The unit price, number of garments or
				  articles of wearing apparel covered by the contract, and a description of the
				  garment or apparel type, style, and color;
(12) The style numbers, cut or lot
				  numbers;
(13) The total price of
				  the contract; and,
(14) The date
				  that payment is due from the manufacturer.
(15) Any changes from the original contract,
				  including but not limited to changes in completion dates, unit price, number of
				  units, and total price.
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 1 - Application for Farm Labor Contractor License › Section 13660.1 - Character, Competency and Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In determining whether an applicant
					 possesses satisfactory character, competency and responsibility, the Labor
					 Commissioner shall consider all information submitted in connection with the
					 application or otherwise obtained by the Labor Commissioner during the review
					 of an application. Information regarding past conduct, including criminal
					 history, substantially related to working conditions shall be examined to
					 determine an applicant's character, competency, and responsibility. Conduct or
					 conviction of a crime is substantially related to working conditions if it
					 evidences present or potential unfitness of an applicant to perform the
					 functions authorized by the license in a manner consistent with the
					 requirements of the Labor Code. The conduct or convictions considered
					 substantially related to working conditions shall include, but not be limited
					 to, the following:
(1) Any final
					 determination regarding a violation of a provision of the Labor Code or Title 8
					 of the California Code of Regulations;
(2) Crimes or acts involving dishonesty,
					 fraud, deceit, or theft with the intent to substantially benefit oneself or
					 another or to substantially harm another;
(3) Crimes involving physical violence
					 against persons within the last 7 years; or
(4) Crimes or other acts that indicate a
					 substantial or repeated disregard for the wages, health, safety, or welfare of
					 employees. "Other acts" include but are not limited to, actions or conduct
					 involving violations of law determined to be willful, repeated, or serious
					 within the meaning of the applicable statutory scheme and shall constitute a
					 "substantial or repeated disregard" for purposes of this
					 section.
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 1 - Application for Farm Labor Contractor License › Section 13661 - Application for Renewal of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To apply for renewal of a farm labor
					 contractor license, the applicant shall complete, sign, and submit the
					 appropriate renewal application at DLSE's website
					 (https://permits.dir.ca.gov/FLC_External/), or submit the appropriate physical
					 application (DLSE 401-R or DLSE 401-S) to DLSE at least 60 days before
					 expiration of a current license.
(b) A renewal applicant shall submit either a
					 renewal application online at DLSE's website
					 (https://permits.dir.ca.gov/FLC_External/) or submit a physical short form
					 application (DLSE 401-S) only if each of the following conditions stated in
					 subdivision (1) below exist. If all conditions are not met, a renewal applicant
					 must submit an application for renewal using the regular renewal application
					 pursuant to subdivision (c).
(1) The
					 applicant for renewal attests under penalty of perjury to the following
					 conditions.
(A) There have been no changes in
					 the contractor business entity status or information which includes:
(i) no change in the form of the legal
					 entity, including a change in partners, corporate officers, members of LLC, or
					 sole proprietor; and
(ii) no change
					 in: legal entity information previously provided, including business name(s),
					 full name(s) of the sole proprietor, partners, corporate officers, or LLC
					 members, whichever is applicable; address(es); telephone number(s); and
					 percentage of interest of all persons with a financial and/or profit-sharing
					 interest in the business;
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 1 - Application for Farm Labor Contractor License › Section 13662 - Written Examinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the applicant for a farm labor
					 contractor license is an individual (sole proprietor), the individual shall
					 take the examination required by Labor Code section
					 1684(a)(5).
(b) If the applicant is a partnership,
					 corporation, LLC, or other business entity, the applicant shall appoint a
					 representative who shall take the examination required by Labor Code section
					 1684(a)(5).
(1) If the application of a corporation, LLC,
					 partnership or other business entity is approved, identity of a representative
					 shall appear on the face of the license. The license containing a designation
					 of a representative shall become void when the appointed representative leaves
					 the business entity. In such case, the license shall be surrendered to the
					 Labor Commissioner.
(2) If the
					 authorized representative leaves the farm labor contractor business during the
					 licensing period, the farm labor business entity must designate a new
					 representative who shall take and pass the examination. Additionally, the
					 business entity shall submit two passport photographs of the new representative
					 to the Labor Commissioner and DLSE shall issue a new
					 license.
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 1 - Application for Farm Labor Contractor License › Section 13663 - Schedule for Processing Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within sixty (60) calendar days of
					 receiving an application, the Labor Commissioner shall inform the applicant in
					 writing that either:
(1) A license will be
					 issued; or,
(2) A license will be
					 rejected; or,
(3) Additional
					 information will be required to meet the licensing requirements.
(A) The Labor Commissioner shall send a
					 written notice of defect or deficiency regarding an application and specify a
					 date, not to exceed 30 days from the date of the notice, for the applicant to
					 deliver to the Labor Commissioner the information and/or documentation which
					 addresses the defect or deficiency.
(B) If the applicant fails to meet the
					 deadline specified in subdivision (A) above, a second written notice of defect
					 or deficiency shall be sent by the Labor Commissioner and specify a date for
					 reply, not to exceed 30 days from the date of the notice, and shall further
					 indicate that the application will be rejected and the applicant shall forfeit
					 all fees paid if the requested information is not submitted by date specified
					 in the second notice. Following a rejection pursuant to this subdivision, the
					 applicant may submit a subsequent application and shall pay the fees required
					 in Labor Code Section
					 1684(a)(4).
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 1 - Application for Farm Labor Contractor License › Section 13663.5 - Issuance of Replacement License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A request for a replacement farm labor contractor license
						shall be accompanied by a Declaration and Request for Replacement License,
						signed under penalty of perjury, which shall contain the following information:
						farm labor contractor license number, name, address and telephone number of the
						contractor, expiration date, statement of circumstances necessitating
						replacement, and a $25 license replacement fee. If an applicant provides the
						information required by this section, a replacement license shall be issued
						upon request. The replacement shall be issued only to replace a license which
						is lost, destroyed, or mutilated.
1. New
						section filed 5-30-2014; operative 7-1-2014 (Register 2014, No.
						22).
Note: Authority cited: Section
						  1699, Labor
						  Code. Reference: Sections
						  1683 and
						  1699, Labor
						  Code.
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 1 - Application for Farm Labor Contractor License › Section 13664 - Surety Bonds; Establishing Annual Payroll

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To comply with the duty to obtain and
					 maintain a surety bond (see Labor Code section
					 1684(a)(3)),
					 the applicant for a Farm Labor Contractor license shall file with the Labor
					 Commissioner a bond issued by a surety company duly authorized to do business
					 in the State of California. The bond shall be on a form issued by the surety
					 company which complies with the requirements of Labor Code 1684(a)(3) or on a
					 form provided by DLSE (DLSE 402).
(b) As proof of annual payroll, the farm
					 labor contractor shall provide to the Labor Commissioner copies of Employment
					 Development Department's Quarterly Contribution Return and Report of Wages (DE
					 9), Quarterly Contribution Return and Report of Wages-Continuation (DE 9C), and
					 Quarterly Contribution and Wage Adjustment Form (DE 9 ADJ), if applicable, for
					 each quarter for the year preceding the pending application.
(c) If the Labor Commissioner, an employee,
					 or an employee representative, proceeds against the surety bond and payment is
					 made therefrom to the Labor Commissioner or to the employee or the employee
					 representative, the employer shall take all steps and actions necessary to
					 ensure that a surety bond which meets all of the requirements set forth in
					 subdivision (a) of this section, including the required principal sum, is
					 continuously in place so that there is not a break at any time in the
					 continuity of the protection afforded by the bond. If the employer at any time
					 fails to provide a surety bond that meets all of the requirements of
					 subdivision (a) of this section, the Labor Commissioner shall suspend and may
					 revoke the employer's license, or deny a renewal application for a
					 license.
(d) To ensure that the
					 purpose of the bond is fulfilled, in the event a contractor closes its business
					 and ceases operating as a farm labor contractor, the Labor Commissioner will
					 retain the bond in his or her possession for no more than six months after the
					 employer ceases engaging in the business in order to provide for claims arising
					 prior to the closure of the business.
1. New
						section filed 5-30-2014; operative 7-1-2014 (Register 2014, No.
						22).
Note: Authority cited: Section
						  1699, Labor
						  Code. Reference: Sections
						  1684 and
						  1699, Labor
						  Code.
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 2 - Educational Classes for Farm Labor Contractors › Section 13665 - Education Program Approval; Course Criteria; List of Approved Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person,
					 nonprofit organization, or educational institution may submit to the Labor
					 Commissioner at the San Francisco Office of the Division of Labor Standards
					 Enforcement's Licensing and Registration Unit a request for evaluation and
					 approval of a proposed educational program in farm labor contracting. The
					 requestor for educational program approval shall submit the written request at
					 least sixty (60) calendar days before the initial start date of the proposed
					 educational program. The written request shall be accompanied by:
(1) a written outline;
(2) a description of the educational
					 program;
(3) a copy of all
					 instructional materials;
(4) a
					 schedule of the proposed date(s), time(s), and location(s) for the proposed
					 educational program;
(5) a copy of
					 the brochure or flyer that will be distributed to proposed
					 participants;
(6) the number of
					 education hours proposed to be offered, and;
(7) a resume for each of the proposed
					 instructor(s). The program provider shall attest to the instructor's competency
					 with an accompanying statement that the proposed instructor satisfies at least
					 one of the following qualifications:
(A)
					 possession of a bachelor's degree in the subject in which he or she is to teach
					 from an institution listed as an institution of higher learning by the U.S.
					 Department of Education or its successor agency, or the equivalent of a
					 bachelor's degree;
(B) five years
					 of experience in the technical occupation which involves the subject in which
					 he or she is to teach; or
(C)
					 possession of a license to teach issued by an appropriate state licensing or
					 certification agency, or federal agency for the subject in which he or she is
					 to teach.
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 2 - Educational Classes for Farm Labor Contractors › Section 13665.5 - Records of Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The instructor, nonprofit organization,
					 or educational institution shall maintain a record of persons who have
					 successfully completed the course of instruction for a period of two years
					 following completion of the curriculum.
(b) Each licensee shall maintain a record for
					 three years of all continuing education that he or she acquired during each
					 license period.
(c) The records
					 specified in subdivisions (a) and (b) of this section shall include:
(1) the license holder's name;
(2) license number, if applicable;
(3) name of the instructor, nonprofit
					 organization, or educational institution; and
(4) dates of the class
					 instruction.
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 3 - Duties of Contractors › Section 13666 - Posting Rate of Compensation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The rate of compensation that a licensee is paying his or
						her employees must be displayed pursuant to Labor Code section
						1695(a)(7)
						in a format no smaller than 8- ½ x 11 inches and in bold lettering no
						smaller than 16-point font. The name of the licensee shall be identified on
						this posting.
1. New
						article 3 (sections
						13666-13666.5) and section filed
						5-30-2014; operative 7-1-2014 (Register 2014, No.
						22).
Note: Authority cited: Section
						  1699, Labor
						  Code. Reference: Sections
						  1684 and
						  1695, Labor
						  Code.
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 3 - Duties of Contractors › Section 13666.1 - Identification Signage at Worksite

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall erect a temporary sign
					 at each worksite where workers are working which prominently and legibly
					 identifies the licensee's name, license number in the top-half portion of the
					 sign, and a name and working phone number for the licensee's field supervisor
					 in the bottom-half portion of the sign.
(b) The sign required in subdivision (a)
					 shall be placed initially within 30 feet and be clearly visible from the access
					 road nearest the worksite and where workers enter the worksite for the workday
					 and shall not be obstructed by vehicles, other signs, trees, or other objects.
					 The sign shall be no smaller than four (4) feet by four (4) feet and have
					 contrasting colors for the background and lettering for legibility. The sign
					 may be either staked in the ground or be fixed on a fold-out frame (A-frame
					 when folded out) but the bottom of the sign shall be at least 12 inches above
					 the ground.
1. New
						section filed 5-30-2014; operative 7-1-2014 (Register 2014, No.
						22).
Note: Authority cited: Section
						  1699, Labor
						  Code. Reference: Sections
						  1682.8,
						  1690 and
						  1699, Labor
						  Code.
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 3 - Duties of Contractors › Section 13666.2 - Worker Safety Training of Crew Leaders and Forepersons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall provide periodic worker
					 safety training to each crew leader, foreperson or other employee whose duties
					 include the supervision, direction or control of any agricultural worker on
					 behalf of a licensee. The training shall pertain to season-appropriate subjects
					 covering worker safety which includes, but is not limited to, implementing
					 programs and practices for heat illness injury prevention and response (see
					 Title 8, California Code of Regulations, section
					 3395) and pesticide use and
					 exposure (see Food and Agricultural Code sections
					 12980-12988). The training shall be
					 conducted at least once during each quarter of a calendar year that a licensee
					 operates. A quarterly period commences on January 1, April 1, July 1, and
					 October 1 of each calendar year. The training required under this section may
					 be a single quarterly training of at least 15 minutes, or more frequent
					 periodic training monthly during the quarter of a calendar year that a licensee
					 operates which achieves at least 15 minutes total during the quarter.
(b) The licensee shall maintain a record of
					 all training and information provided to each crew leader, foreperson, or other
					 supervisor of workers under subdivision (a). This record shall:
(i) state the date(s) on which the training
					 and information were provided;
(ii)
					 identify the crew leaders, forepersons, or other supervisors to whom the
					 training and information were provided;
(iii) describe the training and information
					 provided and, if written materials were provided, include a copy of such
					 materials; and
(iv) contain the
					 licensee's certification that the foregoing is true and complete. The licensee
					 shall maintain these records for two years and shall make them available, upon
					 request, to the Labor Commissioner.
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 3 - Duties of Contractors › Section 13666.5 - Failure to Comply with Requirements; Revocation, Suspension, Refusal to Renew

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee who violates or fails to comply with the
						provisions of this subchapter applicable to licensees which implement the
						requirements of Chapter 3 of Part 6 of Division 2 of the Labor Code (Labor Code
						Sections
						1682 et seq.),
						including the duties of contractors specified in this subchapter, is subject to
						revocation or suspension of their license pursuant to Labor Code 1692 or
						refusal to grant an application for renewal pursuant to Labor Code Section
						1686.
1. New
						section filed 5-30-2014; operative 7-1-2014 (Register 2014, No.
						22).
Note: Authority: Section
						  1699, Labor
						  Code. Reference: Sections
						  1686,
						  1690,
						  1692 and
						  1699, Labor
						  Code.
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 13667.1 - Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Labor Commissioner shall have the authority to order
						an investigatory hearing to determine the amount of damages, if any, actually
						suffered by the employee(s), or other claimant(s), seeking recovery from the
						Farmworker Remedial Account. Notice of the hearing shall be served on the farm
						labor contractor and the employee(s) or other claimant(s) seeking recovery from
						the Farmworker Remedial Account either personally or by certified mail. The
						hearing shall be conducted by a Deputy Labor Commissioner and shall be held in
						the District Office having jurisdiction over the area where the damages
						allegedly occurred or any other appropriate venue.
1. New
						section filed 5-30-2014; operative 7-1-2014 (Register 2014, No.
						22).
Note: Authority cited: Section
						  1699, Labor
						  Code. Reference: Sections
						  1684 and
						  1699, Labor
						  Code.
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 13667.4 - Payment of Wage Claims Against the Farmworker Remedial Account

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Labor Commissioner shall pay all valid claims against
						the Farmworker Remedial Account in the order received. If there are
						insufficient funds in the Farmworker Remedial Account to pay a valid claim, the
						valid claim shall be held until adequate funds are deposited into the
						Farmworker Remedial Account to pay the valid claims.
1. New
						section filed 5-30-2014; operative 7-1-2014 (Register 2014, No.
						22).
Note: Authority cited: Section
						  1699, Labor
						  Code. Reference: Sections
						  1684 and
						  169, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 10 - Registration of Employers, Transporters, and Supervisors of Minors Engaged in Door-to-Door Sales › Section 13670.1 - Applicability of Subchapter 10

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This Subchapter requires any person who
				  employs, transports, or supervises a minor under sixteen (16) years of age in
				  door-to-door sales more than ten (10) miles from the minor's residence to
				  register as either an employer and/or a transporter and/or supervisor with the
				  Labor Commissioner pursuant to Section
				  1308.2 or
				  1308.3 of the
				  Labor Code or this Subchapter.
(b)
				  Any employer who plans to be a transporter and/or supervisor must have a
				  transporter/supervisor registration in addition to the employer
				  registration.
(c) Registration is
				  not required by those exempted by Labor Code Sections
				  1308.2(f)
				  and
				  1308.3(g):
(1) a person, group of individuals,
				  corporation, or other legal entity acting on behalf of a bona fide trustee of
				  charitable assets or on behalf of a charitable organization;
(2) a government agency (including a public
				  school);
(3) a bona fide cemetery
				  corporation;
(4) a bona fide
				  political committee;
(5) or a bona
				  fide charitable corporation organized and operated primarily as a religious
				  organization, educational institution, hospital, or a licensed health care
				  service plan.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 10 - Registration of Employers, Transporters, and Supervisors of Minors Engaged in Door-to-Door Sales › Section 13671 - Form of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following form shall be submitted to the Division of
					 Labor Standards Enforcement, Licensing Unit by each employer and/or
					 transporter/supervisor of minors engaged in any door-to-door sales
					 operation:
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1. New
					 section filed 7-23-98; operative 8-22-98 (Register 98, No.
					 30).
Note: Authority cited: Sections
						54,
						55,
						59,
						1311 and
						1398, Labor
						Code; and Section
						20, Title 1, California Code of
						Regulations. Reference: Sections
						1286,
						1308.1,
						1308.2,
						1308.3 and
						1308.4, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 10 - Registration of Employers, Transporters, and Supervisors of Minors Engaged in Door-to-Door Sales › Section 13671.1 - Application for Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person who employs or uses, transports
				  or supervises a minor under sixteen (16) years of age at any location more than
				  ten (10) miles from the minor's residence in door-to-door sales shall complete
				  the application form provided by the Labor Commissioner entitled "Minors'
				  Door-to-Door Sales: Employer, Transporter and Supervisor Application for
				  Registration" [form DLSE 453 (New 12/96)]. The applicant shall comply with each
				  applicable requirement contained in the application. The application shall be
				  returned with the Department of Justice fingerprint card form BID-7 (5/90), all
				  required accompanying documents and an indication that the applicant has
				  authorized the release of required tax information.
(b) The applicant shall sign and submit to
				  the Labor Commissioner a complete application in the original accompanied by
				  the required fee and each additional document required in the application, duly
				  executed.
(c) If an applicant fails
				  to comply with any requirement of this Section, the Labor Commissioner shall
				  refuse the application and return it to the applicant in accordance with
				  Section 13672 of this Subchapter.
(d) A new application is required if the form
				  of the legal entity changes.
1. New
					 section filed 7-23-98; operative 8-22-98 (Register 98, No.
					 30).
Note: Authority cited: Sections
						54,
						55,
						59,
						1311 and
						1398, Labor
						Code. Reference: Sections
						1286,
						1308.1,
						1308.2,
						1308.3 and
						1308.4, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 10 - Registration of Employers, Transporters, and Supervisors of Minors Engaged in Door-to-Door Sales › Section 13672 - Filing Schedule for Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within sixty (60) calendar days of
				  receiving an application, the Labor Commissioner shall inform the applicant in
				  writing that either:
(1) The application is
				  complete and accepted for filing, or
(2) The application is incomplete, specifying
				  the information required to correct the deficiency.
(A) Within thirty (30) calendar days from the
				  date on the written notice of an incomplete application, the applicant must
				  correct and return the application to the Labor Commissioner.
(B) If the applicant fails to meet this
				  deadline, the application will be rejected, and the applicant shall forfeit the
				  application fee. Following a rejection pursuant to this subdivision, the
				  applicant may submit a subsequent application, which must be accompanied by the
				  required fee.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 10 - Registration of Employers, Transporters, and Supervisors of Minors Engaged in Door-to-Door Sales › Section 13673 - Registration Renewal Dates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The registration of an employer is valid
				  for a period of one year from the date of issuance unless revoked or suspended.
				  Registration must be renewed annually. An application for renewal of a
				  registration must be submitted at least thirty (30) calendar days prior to
				  expiration of the current registration.
(b) The registration of a transporter or
				  supervisor is valid for a period of one year from the date of issuance unless
				  revoked or suspended. Registration must be renewed annually. An application for
				  renewal of a registration must be submitted at least thirty (30) calendar days
				  prior to expiration of the current registration.
(c) The registration of an employer with a
				  Transporter/Supervisor authorization is valid for a period of one year from the
				  date of issuance unless revoked or suspended. An application for renewal of a
				  registration must be submitted at least thirty (30) calendar days prior to
				  expiration of the current registration.
1. New
					 section filed 7-23-98; operative 8-22-98 (Register 98, No.
					 30).
Note: Authority cited: Sections
						54,
						55,
						59,
						1308.2,
						1308.3,
						1311 and
						1398, Labor
						Code. Reference: Sections
						1286,
						1308.1,
						1308.2,
						1308.3 and
						1308.4, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 10 - Registration of Employers, Transporters, and Supervisors of Minors Engaged in Door-to-Door Sales › Section 13673.1 - Change of Address or Doing Business as ("DBA") Name, Vehicle, or Vehicle License Number

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Registrants shall report any proposed change of address at least twenty (20)
				  days before such change to the Division of Labor Standards Enforcement,
				  Licensing Unit. Failure to notify the Division of an address change voids the
				  registration.
(b) Registrants shall
				  report any proposed change of a doing business as ("dba") name at least twenty
				  (20) days before such change to the Division of Labor Standards Enforcement,
				  Licensing Unit. Failure to notify the Division of a doing business as ("dba")
				  name change voids the registration.
(c) Registrants shall report any change of
				  vehicle or vehicle license number within twenty (20) days of such change to the
				  Division of Labor Standards Enforcement, Licensing Unit. Failure to notify the
				  Division of a change of vehicle or vehicle license number voids the
				  registration.
1. New
					 section filed 7-23-98; operative 8-22-98 (Register 98, No.
					 30).
Note: Authority cited: Section
						1311, Labor
						Code. Reference: Sections
						1308.2 and
						1308.3, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 10 - Registration of Employers, Transporters, and Supervisors of Minors Engaged in Door-to-Door Sales › Section 13673.2 - Registration Void, when

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Registration of any
				  transporter/supervisor shall become void upon termination of his (her)
				  employment with the employer to whom he (she) is registered, and shall be
				  surrendered to the Labor Commissioner.
(b) Registration of any employer shall become
				  void when there is a change of the form of the legal entity or when the
				  employer ceases operations, and shall be surrendered to the Labor
				  Commissioner.
1. New
					 section filed 7-23-98; operative 8-22-98 (Register 98, No.
					 30).
Note: Authority cited: Section
						1311, Labor
						Code. Reference: Sections
						1308.2,
						1308.3 and
						1308.4, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 10 - Registration of Employers, Transporters, and Supervisors of Minors Engaged in Door-to-Door Sales › Section 13674 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Labor
				  Commissioner shall collect:
(1) A $350 fee
				  for an initial application for an employer's registration.
(2) A $200 fee for an application for renewal
				  of an employer's registration.
(3)
				  A $100 fee for an initial application for a transporter's or supervisor's
				  registration.
(4) A $50 fee for an
				  application for renewal of a transporter's or supervisor's
				  registration.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 10 - Registration of Employers, Transporters, and Supervisors of Minors Engaged in Door-to-Door Sales › Section 13675 - Transfer of a Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A registrant may not transfer his or her registration to
					 any other person.
1. New
					 section filed 7-23-98; operative 8-22-98 (Register 98, No.
					 30).
Note: Authority cited: Sections
						54,
						55,
						59,
						1311 and
						1398, Labor
						Code. Reference: Sections
						1286,
						1308.1,
						1308.2,
						1308.3,
						1308.4,
						1391 and
						1391.2, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 10 - Registration of Employers, Transporters, and Supervisors of Minors Engaged in Door-to-Door Sales › Section 13676 - Suspension and Revocation of Registration and Denial of an Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Labor
				  Commissioner may revoke or suspend a registration or deny an application for a
				  registration if the registrant or applicant has:
(1) Falsified or directed the falsification
				  of any statement in an application or in any document that accompanies the
				  application.
(2) Misrepresented or
				  directed another person to misrepresent a significant fact orally or in writing
				  to the minor, the minor's parent or guardian, a member of the public, a school
				  official, a labor investigator, or a law enforcement officer related to:
(A) The minor's activity or prospective
				  activity in the door-to-door sales operation, including, but not limited to,
				  the nature of the minor's work activity, its purpose, location, or duration;
				  or
(B) The nature or purpose of the
				  door-to-door sales operation. The misrepresentation may be contained in, but
				  not limited to, an advertisement, brochure, circular, or written or oral
				  agreement, or written or oral statement; or
(C) Any other significant fact concerning the
				  door-to-door sales operation.
(3) Violated or willfully aided or abetted a
				  person in the violation of any law or regulation related to door-to-door sales,
				  employment, the payment of wages, health and safety, or the health and morals
				  of a minor, including any law or regulation that prohibits contributing to the
				  delinquency of a minor.
(4) Failed
				  to comply with any provision of this Subchapter.
(5) Failed to notify the Labor Commissioner
				  in writing of any change in the promotional materials or any work agreement
				  with the minor.