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 13870 - Unlawful Recruitment Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Recruitment fee" means any fee, charge,
					 cost, expense, assessment or other financial obligation, regardless of the
					 manner or timing of their imposition, requested or demanded upon a foreign
					 worker which relates to any foreign labor contracting activity, as defined in
					 B&P Code section
					 9998.1(b),
					 including "soliciting" or "recruiting" activities, as defined in Section
					 13850 of this subchapter. Any fee,
					 charge, cost, assessment or other financial obligation is a fee regardless of
					 whether it is deducted from wages, a wage or benefit concession, kickback,
					 bribe, or tribute, remitted in connection with recruitment which is
					 subsequently collected by an employer or third party, including but not limited
					 to agents, recruiters, staffing firms (private employment or placement
					 businesses), subsidiaries or affiliates of the employer and any agent or
					 employee of the employer.
(1) Recruitment fees
					 include, but are not limited to payments or indebtedness in any form for the
					 following:
(A) Applications, including making
					 recommendations, reserving, committing, considering, interviewing, referring,
					 placing, retaining, transferring, selecting;
(B) Pre-departure or post-arrival skills
					 testing, training, or orientation, including, but not limited to, testing of
					 competency or skill level in foreign languages, strength, or machinery
					 use;
(C) Advertising;
(D) Certifying labor applications;
(E) Processing petitions;
(F) Visa and visa processing fees, including
					 fees for appointments, applications, exit clearances or certificates;
(G) Work permits, residence certificates, and
					 security clearances, including renewals;
(H) Border crossing and other sending,
					 transit, or receiving country government-mandated fees, levies, and
					 insurance;
(I) Procuring
					 photographs and identity documentation, including any nongovernmental passport
					 fees;
(J) Notarization,
					 translation, and any other documentation services;
(K) Medical examinations and immunizations
					 required to apply for job opportunity;
(L) Medical examinations or vaccinations in
					 sending country
(M) Background,
					 reference and security clearance checks and examinations;
(N) Gratuities, bribes, and
					 tributes;
(O) Security deposits and
					 bonds;
(P) Employer's agent or
					 third party fees for recruiter, labor broker, attorneys, notaries and other
					 legal fees;
(Q) Contributions to
					 worker benefits programs provided by sending country government;
(R) Transportation and subsistence costs
					 while in transit from the sending to receiving country, including, but not
					 limited to, airfare or costs of other international transportation, terminal
					 fees, travel taxes and return journey;
(S) Transportation and subsistence costs from
					 airport or disembarkation point to worksite;
(T) Collateral requirements, such as land
					 deeds;
(U) Fees to secure future
					 employment opportunities.