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 10 - Registration of Employers, Transporters, and Supervisors of Minors Engaged in Door-to-Door Sales › Section 13677 - Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every employer,
				  transporter, or supervisor applying for or possessing an Employer or
				  Transporter/Supervisor registration shall allow the Labor Commissioner free
				  access to his or her place of business, vehicle, or place of operation for the
				  purpose of making an inspection of all books, records, and other papers
				  pertaining to the door-to-door sales operation, including:
(1) Informing the Labor Commissioner, upon
				  his or her request, of any sales, planning, organizational, motivational, or
				  similar meeting involving a minor and permitting the Labor Commissioner to
				  attend any such meeting in order to ascertain the character, competency, and
				  responsibility of an applicant or registrant; or
(2) Providing proof that the applicant or
				  registrant has filed all applicable state and federal income and employment tax
				  forms and owes no outstanding taxes upon the request of the Labor Commissioner
				  in order to ascertain the character, competency, and responsibility of an
				  applicant or registrant; or
(3)
				  Providing any other information deemed relevant by the Labor Commissioner upon
				  his or her request in order to ascertain the character, competency, and
				  responsibility of an applicant or registrant.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 11 - Car Washing and Polishing › Section 13681 - Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employer
				  engaged in the business of car washing and polishing shall keep accurate
				  records as required by Labor Code Sections
				  226,
				  1174, and
				  2052, and any
				  applicable order of the Industrial Welfare Commission. These records shall be
				  maintained for at least three years, except for the records required under
				  Section 1174 which must be kept for not
				  less than two years, at the place of employment or at a central location within
				  the State of California, and upon written or oral request from the Labor
				  Commissioner, or his or her agents, shall be made available for inspection or
				  copying, or both.
(b) Failure to
				  provide the Labor Commissioner with all of the requested records within ten
				  calendar days after the date of a request, or providing records that are
				  falsified, constitutes grounds for suspension or revocation of an employer's
				  registration, or denial of an employer's application for
				  registration.
1. New
					 section filed 11-22-2005; operative 12-22-2005 (Register 2005, No.
					 47).
Note: Authority cited: Sections
						55,
						59,
						90.5,
						95,
						98.8 and
						2053, Labor
						Code. Reference: Sections
						226,
						1174 and
						2052, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 11 - Car Washing and Polishing › Section 13683 - Annual Registration Fee and Assessment; Proof of Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employer
				  shall pay to the Labor Commissioner an annual registration fee of two hundred
				  and fifty ($250.00) for each branch the employer operates.
(b) The Labor Commissioner may periodically
				  adjust the registration fee, pursuant to the Administrative Procedure Act, for
				  inflation to ensure that the fee is sufficient to fund all costs to administer
				  and enforce the provisions of part 8.5 of Division 2 of the Labor Code, Section
				  2050, et
				  seq.
(c) In addition to the annual
				  registration fee specified in subdivision (a) of this section, the employer
				  shall pay to the Labor Commissioner an annual assessment of fifty dollars
				  ($50.00) for each branch the employer operates.
(d) For employers who operate multiple
				  branches, the Labor Commissioner will issue an official Division of Labor
				  Standards Enforcement certificate of registration for each branch
				  registered.
1. New
					 section filed 11-22-2005; operative 12-22-2005 (Register 2005, No.
					 47).
Note: Authority cited: Sections
						55,
						59,
						95 and
						98.8, Labor
						Code. Reference: Sections
						2054,
						2055(d),
						2059(a) and
						(b),
						2057 and
						2061(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 11 - Car Washing and Polishing › Section 13684 - Registration, Initial and Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as may be provided in subsection
				  (d) of this section with respect to the first renewal of a registration, an
				  employer shall register with the Labor Commissioner annually.
(b) To register, an employer must submit a
				  completed and signed application and registration packet (one application and
				  packet for all branches) to the Labor Commissioner. Commencing with the
				  effective date of this subchapter 11 and including the 209 calendar days that
				  follow that date (for a total of 210 days), applications for registration shall
				  be submitted according to the following schedule:
(1) For a branch located in the County of Los
				  Angeles, the employer shall submit its application and registration packet to
				  the Labor Commissioner no later than 30 calendar days after the effective date
				  of this section.
(2) Except as
				  provided in subdivision (c) of this section, for a branch located in the County
				  of Orange, the employer shall submit its application and registration packet to
				  the Labor Commissioner no earlier than 61 calendar days, and no later than 90
				  calendar days after the effective date of this section.
(3) Except as provided in subdivision (c) of
				  this section, for a branch located in the County of San Diego, the employer
				  shall submit its application and registration packet to the Labor Commissioner
				  no earlier than 91 calendar days, and no later than 120 calendar days after the
				  effective date of this section.
(4)
				  Except as provided in subdivision (c) of this section, for a branch located in
				  the County of Riverside or San Bernardino, the employer shall submit its
				  application and registration packet to the Labor Commissioner no earlier than
				  121 calendar days, and no later than 150 calendar days after the effective date
				  of this section.
(5) Except as
				  provided in subdivision (c) of this section, for a branch located in the County
				  of Santa Clara, Alameda, Sacramento, Ventura, Fresno, or Contra Costa, the
				  employer shall submit its application and registration packet to the Labor
				  Commissioner no earlier than 151 calendar days, and no later than 180 calendar
				  days after the effective date of this section.
(6) Except as provided in subdivision (c) of
				  this section, for a branch located in a county other than those specified in
				  (1) through (5) above of this subdivision (b), the employer shall submit its
				  application and registration packet to the Labor Commissioner no earlier than
				  181 calendar days, and no later than 210 calendar days after the effective date
				  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 11 - Car Washing and Polishing › Section 13685 - Transfer of a Registration Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employer may not transfer its
				  registration to any other person.
(b) For purposes of this section, "person"
				  includes an individual, association, organization, partnership, joint venture,
				  business trust, limited liability company, corporation, or private entity of
				  any character.
1. New
					 section filed 11-22-2005; operative 12-22-2005 (Register 2005, No.
					 47).
Note: Authority cited: Sections
						55,
						59,
						95 and
						98.8, Labor
						Code. Reference: Sections
						2054,
						2055(d),
						2059(a) and
						(b) and
						2061(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 11 - Car Washing and Polishing › Section 13686 - Registration Void, when

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employer's registration is void when:
(1) The employer ceases engaging in the
				  business of car washing and polishing.
(2) The employer changes its form of legal
				  entity.
(3) The employer transfers
				  its registration.
(4) The Labor
				  Commissioner revokes an employer's registration.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 11 - Car Washing and Polishing › Section 13687 - Failure to Obtain Tax Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An employer's failure to obtain a tax clearance from the
					 Internal Revenue Service constitutes a ground for the Labor Commissioner to
					 deny an application for registration, including a renewal.
1. New
					 section filed 11-22-2005; operative 12-22-2005 (Register 2005, No.
					 47).
Note: Authority cited: Sections
						55,
						59,
						95 and
						98.8, Labor
						Code. Reference: Section
						2054, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 11 - Car Washing and Polishing › Section 13688 - Temporary Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If in submitting an application for
				  registration, including a renewal, the Labor Commissioner determines that the
				  Internal Revenue Service has issued the employer a temporary tax clearance
				  instead of a full tax clearance, the Labor Commissioner may issue the employer
				  a temporary registration that runs concurrently with the temporary tax
				  clearance. The temporary registration shall expire at the same time the
				  temporary tax clearance expires.
(b) If, following the issuance of a temporary
				  registration the Labor Commissioner issues the employer a regular registration,
				  the period of time during which the temporary registration was in effect shall
				  be applied to and counted against the time period for the regular
				  registration.
1. New
					 section filed 11-22-2005; operative 12-22-2005 (Register 2005, No.
					 47).
Note: Authority cited: Sections
						55,
						59,
						95 and
						98.8, Labor
						Code. Reference: Section
						2054, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 11 - Car Washing and Polishing › Section 13689 - Citation for Failure to Register

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Labor Commissioner may cite an employer and impose a
					 civil fine if, upon inspection or investigation he or she determines that the
					 employer has failed to register pursuant to Labor Code Section
					 2054. The
					 citation may be served personally or by registered mail in accordance with
					 subdivision (c) of Government Code Section
					 11505. A
					 citation must be in writing and describe the nature of the violation, including
					 reference to the statutory provision allegedly violated.
1. New
					 section filed 11-22-2005; operative 12-22-2005 (Register 2005, No.
					 47).
Note: Authority cited: Sections
						55,
						59,
						95 and
						98.8, Labor
						Code. Reference: Sections
						2054,
						2060 and
						2064, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 11 - Car Washing and Polishing › Section 13690 - Failure to Comply with Citation for Failure to Register

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An employer's failure to comply with a citation containing
					 an assessment issued pursuant to Labor Code Section
					 2064 after the
					 citation is final and has been served on the employer, constitutes a ground for
					 the Labor Commissioner to deny an application for registration, including a
					 renewal.
1. New
					 section filed 11-22-2005; operative 12-22-2005 (Register 2005, No.
					 47).
Note: Authority cited: Sections
						55,
						59,
						95 and
						98.8, Labor
						Code. Reference: Section
						2064, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 11 - Car Washing and Polishing › Section 13692 - Immediate Family Member Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of subdivision (d) of Labor Code Section
					 2066,
					 "immediate family member" means spouse, domestic partner, cohabitant, child,
					 stepchild, grandchild, parent, stepparent, mother-in-law, father-in-law,
					 son-in-law, daughter-in-law, grandparent, great grandparent, brother, sister,
					 half-brother, half-sister, stepsibling, brother-in-law, sister-in-law, aunt,
					 uncle, niece, nephew, or first cousin (that is, a child of an aunt or
					 uncle).
1. New
					 section filed 11-22-2005; operative 12-22-2005 (Register 2005, No.
					 47).
Note: Authority cited: Sections
						55,
						59,
						95 and
						98.8, Labor
						Code. Reference: Section
						2066(d),
						Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 11 - Car Washing and Polishing › Section 13693 - Action Against Bond, Inadequacy of Bond, Cancellation of Bond

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an employer fails to pay wages,
				  interest on wages, fringe benefits, or violates Section
				  351 or
				  353 of the
				  Labor Code and an employee is damaged thereby, the Labor Commissioner or the
				  employee, who is damaged because of the employer's failure to pay wages,
				  interest on wages, gratuities or fringe benefits, may proceed against the
				  employer's surety bond by taking whatever action he or she deems appropriate to
				  obtain the unpaid wages, interest on wages, fringe benefits, or gratuities from
				  the bond.
(b) If the Labor
				  Commissioner or an employee who is damaged because of the employer's failure to
				  pay wages, interest on wages, gratuities, or fringe benefits proceeds against
				  the surety bond and payment is made therefrom to the Labor Commissioner or the
				  employee, the employer shall take all steps and actions necessary to ensure
				  that a surety bond which meets all of the requirements set forth in paragraphs
				  (1) and (2) of subdivision (b) of Section
				  13682) of this subchapter 11,
				  including the required principal sum, is continuously in place so that there is
				  not a break at anytime 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 paragraphs (1) and (2) of subdivision (b) of Section
				  13682 of this subchapter 11, the
				  Labor Commissioner may suspend or revoke the employer's registration, or deny
				  his, her or its application for a registration.
(c) If the surety bond required by Labor Code
				  Section
				  2055 is
				  cancelled or terminated, the employer may not conduct any business until he,
				  she, or it obtains a new surety bond that meets all of the requirements of
				  paragraphs (1) and (2) of subdivision (b) of Section
				  13682 of this subchapter 11, and
				  files a copy with the Labor Commissioner.
1. New
					 section filed 11-22-2005; operative 12-22-2005 (Register 2005, No.
					 47).
Note: Authority cited: Sections
						55,
						59,
						95 and
						98.8, Labor
						Code; and Section
						11415.50(a),
						Government Code. Reference: Section
						2055, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 12 - Collections › Section 13800 - Collection Cost Fees: Referrals to the Franchise Tax Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For cases referred by the Department of Industrial
					 Relations and its component divisions to the Franchise Tax Board (FTB) for
					 collection of judgments and delinquent debts pursuant to Section
					 19290
					 of the Revenue and Taxation Code, a fee shall be imposed and collected from the
					 judgment debtor to cover collection costs incurred as a result of the referral
					 to FTB for collection. The collection cost fee for each referred case shall be
					 one-hundred and fifteen dollars ($115). This fee of $115 is the reasonable fee
					 for actual collection costs, and is exclusive of court costs and attorney's
					 fees which may be collected upon FTB becoming a judgment creditor under Labor
					 Code section
					 98.2(j).
1. New
					 subchapter 12 (section
					 13800) and section filed
					 12-10-2007; operative 1-9-2008 (Register 2007, No.
					 50).
Note: Authority cited: Section
						19290,
						Revenue and Taxation Code. Reference: Section
						19290,
						Revenue and Taxation Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 2 - Issuance of Registration; Changes in Information; Registry List › Section 13811 - Registration Certificate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon a determination by the Labor
					 Commissioner that the applicant has complied with all of the requirements set
					 forth in Labor Code sections
					 1429 and
					 1430, and
					 section 13810 of this subchapter, the Labor
					 Commissioner shall issue the appropriate Registration Certificate, either for
					 registrants with employees or registrants without employees. The Labor
					 Commissioner will inform the registrant of the issuance of the Registration
					 Certificate by electronic mail and provide access to a printable Registration
					 Certificate.
(b) A Registration
					 Certificate shall be valid for one year from the date of issuance.
(c) The following information will be
					 included on the Registration Certificate:
(1)
					 registrant's legal name, including any "doing business as" (dba)
					 names;
(2) registrant's physical
					 address and mailing address, if different;
(3) registrant's branch locations;
(4) whether registrant is a non-employee
					 registrant exempt from the requirement to secure workers' compensation
					 coverage;
(5) registration number;
					 and
(6) dates of
					 validity.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 2 - Issuance of Registration; Changes in Information; Registry List › Section 13811.5 - Temporary Registration Extension

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Labor Commissioner's Office shall issue a temporary
						registration that extends the validity period of a registration for a period of
						up to 90 days if:
(a) The applicant
					 submitted a renewal application at least 30 days prior to the expiration date
					 of the registration with the applicable registration fee and proof of
					 applicable worker's compensation insurance;
(b) The applicant has submitted all items
					 that the Labor Commissioner's Office has requested in order to complete
					 processing of the renewal application;
(c) The applicant is in good standing with
					 the California Secretary of State; and
(d) The renewal application processing has
					 not been completed by the Labor Commissioner's Office prior to expiration of
					 the current registration.
1. New
						section filed 7-1-2020; operative 7-15-2020 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2020, No. 27). (Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-66-20.)
Note: Authority cited: Section
						  1422, Labor
						  Code. Reference: Section
						  1423, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 2 - Issuance of Registration; Changes in Information; Registry List › Section 13812 - Online Registry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The public registry database of registered janitorial employers accessible at
					 the DLSE's website, as provided in Labor Code section
					 1431, shall
					 also contain the following information:
(1)
					 registrant information as indicated on the Registration Certificate pursuant to
					 subdivision (c) of section
					 13811;
(2) registration status, indicating whether a
					 person or entity is registered, was denied registration, or had registration
					 suspended or revoked, which includes a date of action affecting the
					 registration status; and
(3)
					 whether a person or entity was issued a temporary registration and the dates of
					 validity.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 3 - Civil Penalties › Section 13812.5 - Civil Penalty for Contracting with Unregistered Employers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of assessing civil penalties under Labor
						Code section
						1432(b):
(a) A violation will consist of a contracting
					 event, meaning the execution, renewal, extension, or modification of a contract
					 or subcontract for janitorial services, with an employer who meets the
					 definition in Labor Code section
					 1420(e)
					 who lacks a current and valid registration as displayed in the online registry
					 database at the time of the contracting event.
(b) A first violation will be determined by
					 the oldest contracting event, in the event that there is more than one
					 contracting event.
(c) A subsequent
					 violation will be determined based on a contracting event that occurs in time
					 after a first violation and may include either or both of the following:
(1) a contracting event with the same
					 unregistered janitorial employer as the first violation.
(2) a contracting event with another
					 unregistered janitorial employer occurring after the first
					 violation.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 3 - Civil Penalties › Section 13812.6 - Civil Penalty for Material Misrepresentation on Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of assessing civil penalties under Labor
						Code section
						1432(c),
						each individual material misrepresentation made in connection with an initial
						or renewal application shall constitute an independent violation that is
						subject to a $10,000 civil penalty.
1. New
						section filed 7-1-2020; operative 7-15-2020 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2020, No. 27). (Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-66-20.)
Note: Authority cited: Section
						  1422, Labor
						  Code. Reference: Section
						  1432, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 4 - Denial of Registration; Suspension and Revocation › Section 13813 - Actions on Applications and Registrations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant for registration who fails
					 to qualify for a registration pursuant to the terms specified in Labor Code
					 sections
					 1429 and
					 1430, or who
					 made a material misrepresentation in connection with an application, is subject
					 to denial of their application for registration by the Labor
					 Commissioner.
(b) A registrant who
					 violates or fails to comply with the provisions of Part 4.2 of Division 2 of
					 the Labor Code (commencing with section
					 1420) or this subchapter, or who
					 made a material misrepresentation in connection with an application, is subject
					 to denial of their renewal application or suspension or revocation of their
					 registration.
(c) A registrant
					 whose registration is denied, suspended or revoked for any period under this
					 section may apply for a new registration upon expiration of the denial,
					 suspension or revocation period. An application for a new or renewal
					 registration shall be denied unless all final judgments and settlement
					 agreements related to any failure to comply with laws applicable to janitorial
					 employers as set forth in Division 2, Part 4.2 of the Labor Code are
					 satisfied.
1. New
						article 4 (sections
						13813-13818) and section filed
						7-1-2020; operative 7-15-2020 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2020, No. 27). (Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-66-20.)
Note: Authority cited: Section
						  1422, Labor
						  Code. Reference: Sections
						  1428,
						  1429 and
						  1430, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 4 - Denial of Registration; Suspension and Revocation › Section 13814 - Notice of Denial, Suspension or Revocation; Notice of Defense

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Denial of an
					 application for registration, and revocation or suspension of registration,
					 shall be upon proper notice and upon hearing, if appealed. The appeal shall be
					 directed to the Labor Commissioner, who shall assign the matter to a hearing
					 officer for hearing. The hearing shall be conducted according to the rules set
					 forth in this article, and except as specifically provided herein, the
					 provisions of Title 2, Division 3, Part 1, Chapter 5 of the Government Code
					 (commencing with Government code section
					 11500) shall not apply to these
					 proceedings.
(1) Proceedings to determine
					 whether a registration shall be revoked or suspended shall be initiated by
					 filing an accusation. The accusation shall be a written statement of charges
					 which sets forth in ordinary and concise language the acts or omissions with
					 which the registrant is charged, and shall specify the statutes or rules which
					 the registrant is alleged to have violated.
(2) Proceedings to determine whether an
					 initial or renewal application for registration shall be denied shall be
					 initiated by filing a statement of issues. The statement of issues shall be a
					 written statement specifying the statutes and rules with which the applicant
					 must show compliance by producing proof at the hearing and, in addition, any
					 particular matters that have come to the attention of the Labor Commissioner
					 that would authorize a denial of the application for
					 registration.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 4 - Denial of Registration; Suspension and Revocation › Section 13816 - Conduct of Hearing; Rules of Evidence; Role of Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing
					 shall be presided over by a hearing officer appointed by the Labor
					 Commissioner. A contested hearing shall be conducted in accordance with the
					 procedures set forth in this section and section
					 13817 of this subchapter.
(b) The hearing need not be conducted
					 according to the technical rules of evidence relating to evidence and
					 witnesses. Any relevant evidence shall be admitted if it is the sort of
					 evidence on which responsible persons are accustomed to rely in the conduct of
					 serious affairs, regardless of the existence of any common law or statutory
					 rule which might make improper the admission of such evidence over objection in
					 civil actions, except that the rules of privilege shall be effective to the
					 extent that they are otherwise required by statute to be recognized at the
					 hearing.
(c) Hearsay evidence may
					 be used to supplement or explain other evidence but shall not of itself be
					 sufficient to support a finding. An objection is timely if made before
					 submission of the case.
(d) The
					 hearing officer, in exercising sound discretion, may control the order of
					 presentation of evidence at the hearing, keep out repetitive and cumulative
					 evidence, and otherwise rule out evidence.
1. New
						section filed 7-1-2020; operative 7-15-2020 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2020, No. 27). (Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-66-20.)
Note: Authority cited: Section
						  1422, Labor
						  Code. Reference: Section
						  1428, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 4 - Denial of Registration; Suspension and Revocation › Section 13817 - Rights of Parties at Hearing; Taking of Evidence; 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 regardless of whether that matter was 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 and affirmation.
(c) Declarations may be admitted into
					 evidence at a contested hearing in accordance with the procedure for admitting
					 affidavits set forth at Government Code section
					 11514.
(d) 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.
(e) At any time
					 before the matter is submitted for decision, the Labor Commissioner may file or
					 permit the filing of an amended or supplemental accusation or statement of
					 issues. If the amended or supplemental accusation or statement of issues
					 presents new charges, the Labor Commissioner shall afford the respondent a
					 reasonable opportunity to prepare a defense thereto. Any new charges shall be
					 deemed controverted, and any objections to the amended or supplemental
					 accusation or statement of issues may be made orally during the
					 hearing.
1. New
						section filed 7-1-2020; operative 7-15-2020 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2020, No. 27). (Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-66-20.)
Note: Authority cited: Section
						  1422, Labor
						  Code. Reference: Sections
						  1428,
						  1429 and
						  1430, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 4 - Denial of Registration; Suspension and Revocation › Section 13818 - Proposed Decision; Decision of Labor Commissioner; Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing
					 officer shall prepare a written proposed decision based on the record of the
					 proceedings, including the hearing, which shall contain a statement of the
					 factual and legal basis of the decision, as provided in Government Code section
					 11425.50.
					 Within 45 days of the conclusion of the hearing, the hearing officer shall
					 transmit the proposed decision to the Labor Commissioner, or his or her
					 designee, who may adopt the proposed decision in its entirety; modify any part
					 of the proposed decision, including the order; or remand the case to the
					 hearing officer for further proceedings.
(b) Within 60 days of the conclusion of the
					 hearing, copies of the Labor Commissioner's decision with the hearing officer's
					 proposed decision attached thereto shall be delivered to the parties personally
					 or sent to them by certified mail. The decision shall become effective 30 days
					 after it is delivered or mailed to the respondent, unless the decision provides
					 for an earlier date or a stay of execution has been granted by the Labor
					 Commissioner. A stay of execution may be included in the decision or granted by
					 the Labor Commissioner at any time before the decision becomes effective and
					 may require that the respondent comply with specified conditions or terms of
					 probation.
(c) An applicant or
					 registrant aggrieved by a decision issued pursuant to subdivision (a) may seek
					 review of the decision by filing a petition for writ of mandate to the
					 appropriate superior court pursuant to section
					 1094.5
					 of the Code of Civil Procedure within 45 days after service of the decision. If
					 no petition is timely filed with the appropriate superior court, the decision
					 shall be the final administrative order.
1. New
						section filed 7-1-2020; operative 7-15-2020 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2020, No. 27). (Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-66-20.)
Note: Authority cited: Section
						  1422, Labor
						  Code. Reference: Sections
						  1428,
						  1429 and
						  1430, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 5 - Recordkeeping › Section 13819 - Employees Covered by Recordkeeping Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The term "employee" in the recordkeeping
					 requirements in Labor Code section
					 1421 has the
					 same meaning as the term "employee" in Labor Code section
					 1420(a)(1).
(b) The recordkeeping provisions in Labor
					 Code section
					 1421 that do
					 not specify the type of employee for whom the employer must keep records apply
					 to employees as the term is used in Labor Code section
					 1420(a)(1).
(c) The phrase "all other covered workers" in
					 Labor Code section
					 1421(f)
					 does not refer to employees. It refers only to the other covered workers
					 defined in Labor Code section
					 1420(a)(1),
					 meaning an independent contractor or franchisee working as a janitor.
1. New
						article 5 (section
						13819) and section filed 7-1-2020;
						operative 7-15-2020 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2020, No. 27). (Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-66-20.)
Note: Authority cited: Section
						  1422, Labor
						  Code. Reference: Sections
						  1420 and
						  1421, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 6 - Sexual Violence and Harassment Prevention Training for Property Service Workers › Section 13821 - Standards Regarding Timing, Documentation, and Languages for Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Frequency of
					 Training. An employer shall ensure that at least two hours of training are
					 provided to nonsupervisory covered workers and their supervisors in
					 identifying, preventing, and reporting sexual violence and harassment in the
					 workplace, at least once every two years. New nonsupervisory covered workers
					 and supervisors of nonsupervisory covered workers shall be trained within six
					 (6) months of assuming their position. The burden of establishing that the
					 training was provided as required shall be on the employer, including where the
					 employer has ensured that the training was provided by another entity or
					 janitorial employer.
(1) For purposes of
					 complying with the frequency requirement for training under this article, a
					 "covered successor employer" that retains the same workforce as a predecessor
					 employer for at least one hundred and twenty (120) days and maintains a
					 supervisor's or nonsupervisory covered worker's:
(A) original seniority date with the
					 predecessor employer; and
(B) wage
					 rate equal to or greater than that provided by the predecessor employer, may
					 use the retained supervisor's or nonsupervisory covered worker's last
					 documented date of required training to determine the date when they must
					 receive their next biennial training and must provide them a copy of the
					 successor employer's sexual harassment policy and reporting
					 procedures.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 6 - Sexual Violence and Harassment Prevention Training for Property Service Workers › Section 13822 - Objectives and Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 employer shall ensure that the content of the training on the prevention of
					 sexual violence and harassment for all nonsupervisory covered workers and their
					 supervisors is the training content developed by the Labor Occupational Health
					 Program (LOHP) under the direction of the director of the Department of
					 Industrial Relations, or as amended in the future by the director of the
					 Department of Industrial Relations.
(b) The above-referenced training content
					 will be available on the website of the Department of Industrial Relations,
					 Division of Labor Standards Enforcement. The training content developed by LOHP
					 under the direction of the director, or as amended in the future by the
					 director, shall include, at a minimum, the content-based training requirements
					 in Government Code section
					 12950.1
					 and regulations implementing section
					 12950.1. In addition, the training
					 shall include identification of local, state, and national resources for
					 victims of sexual violence and harassment, including hotlines and helplines for
					 survivors, community-based resources such as rape crisis centers, counseling
					 services and mental health supports, and agencies or organizations to whom they
					 may report sexual violence and harassment.
1. New
						section filed 7-1-2020; operative 7-15-2020 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2020, No. 27). (Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order
						N-66-20.)
Note: Authority cited: Section
						  1422, Labor
						  Code. Reference: Sections
						  1429 and
						  1429.5, Labor
						  Code.
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 13830 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Wages" as defined in Labor Code section
					 2810.3(a)(4)
					 include:
(a) Any minimum, regular,
				  overtime or other premium wages that are due to the worker, including but not
				  limited to any wages due under Labor Code sections
				  226.2,
				  226.7,
				  227.3,
				  246, and
				  2802;
(b) Any damages or penalties that are due to
				  the worker or the state based upon any failure to pay wages, as provided by
				  law, including but not limited to those set forth under Labor Code sections
				  203,
				  203.1,
				  210,
				  225.5,
				  226,
				  226.3,
				  248.5,
				  558,
				  1194.2, and
				  1197.1;
(c) Any applicable interest due for any sum
				  described in this section.
1. New
					 subchapter 13.5 (sections
					 13830-13832) and section filed
					 4-16-2020; operative 7-1-2020 (Register 2020, No.
					 16).
Note: Authority cited: Section
						2810.3, Labor
						Code. Reference: Section
						2810.3, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13.5 - Enforcement of Client Employer Liability Under Labor Code Section 2810.3 › Section 13831 - Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to
				  the recordkeeping obligations of an employer, including but not limited to
				  those under Labor Code sections
				  226 and
				  1174, and
				  Section 6 or
				  7 ("Records") of any applicable
				  order of the Industrial Welfare Commission, as well as Labor Code section
				  2810.3(i),
				  a labor contractor shall keep the following records for a period of no less
				  than three years:
(1) Accurate daily time
				  records showing when each employee begins and ends each work period at each and
				  every worksite or premises of the client employer where labor, work, or
				  services are performed by the employee. Compensable travel time to and from the
				  first and last worksite, travel time between client employer worksites or
				  premises, meal periods and total daily hours worked shall also be
				  recorded.
(2) A list identifying
				  each client employer for which workers were provided by the labor contractor to
				  perform labor, work, or services, including the business name of the client
				  employer and address of the worksite or premises where labor, work, or services
				  were performed for the client employer, and the corresponding time period
				  (beginning and end calendar dates) during which workers were provided to
				  perform labor, work, or services for the client employer.
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 1 - Scope, Coverage and Definitions › Section 13850 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions provided in 9998.1 of the
						Business & Professions Code, the following apply to both Chapter 21.5
						(commencing with section
						9998 of the Business &
						Professions Code) and to this subchapter which regulates foreign labor
						contractors who solicit or recruit foreign workers to perform labor in this
						state.
(a) "Recruiting" and "recruits"
					 means any activity performed or directed by a person which entices, secures,
					 persuades, hires, purports to hire, transports, or otherwise seeks to process
					 or secure employment of a worker, or group of workers, for labor, work, or
					 services performed in California.
(1)
					 "Transports" means any person who coordinates or provides transportation
					 specifically for the purpose of obtaining or accepting employment.
(2) "Process" includes but is not limited to
					 interviewing, testing, evaluating, screening for job qualifications, setting up
					 visa appointments with consulate, and referring a worker to an employer for
					 consideration for hire.