California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 15 - Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code Section 2810.4 › Article 1 - Definitions Used in Subchapter › Section 13875 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions provided in section
						2810.4(a)
						of the Labor Code, the following apply to both section
						2810.4 and to this
						subchapter:
(a) "Alleged conduct" as
					 used in Labor Code section
					 2810.4(b)(2)(B)
					 means an unsatisfied final court judgment, tax assessment, or tax lien,
					 including the amount of such final court judgment, tax assessment or tax
					 lien.
(b) "Division of Labor
					 Standards Enforcement" as used in Labor Code section
					 2810.4 has the
					 same meaning and is referred to as the "Labor Commissioner" or the "Labor
					 Commissioner's Office."
(c)
					 "Essential information" as used in Labor Code section
					 2810.4(b)(1)(A)
					 includes the amount of the unsatisfied final court judgment, tax assessment, or
					 tax lien, the date such liability was established (became final),
					 identification of the court where any final judgment was entered, any
					 applicable reference number used by the Labor Commissioner to identify the
					 judgment, assessment, or lien, whether the port drayage motor carrier is listed
					 as a successor of a predecessor port drayage motor carrier, any North American
					 Industry Classification System code ("NAICS code") used by the Labor
					 Commissioner. The NAICS code is excluded from the essential information
					 provided by a public entity or private party stated in Section
					 13876(a)(2)-(3),
					 will be provided by the Labor Commissioner and for purposes of posting only,
					 and used solely for administrative tracking and shall not be interpreted as
					 having any bearing on whether the defendant is a "port drayage motor carrier"
					 within the meaning of Labor Code section
					 2810.4. For
					 prior offenders, as defined and specified in Labor Code section
					 2810.4(a) and
					 (b)(1)(B), respectively, "essential
					 information" also includes identification of the Labor Commissioner case or
					 superior court case where the final or non-final finding of a subsequent
					 liability was most recently determined.
(d) "Notification by certified mail" as used
					 in Labor Code section
					 2810.4(b)(2)
					 means notification to the last listed address on the Notice of Entry of
					 Judgment (or if judgment has not been entered, the last listed address in the
					 tax lien, tax assessment, final citation, or Order, Decision or Award (or,
					 ODA)) or any agent for service of process listed with the Secretary of
					 State.
(e) "Successor" means a port
					 drayage motor carrier, as defined in Labor Code section
					 2810.4(a)(5)(C),
					 and shall be liable to the same extent as the predecessor, if one or more of
					 the following criteria are met:
(1) Uses
					 substantially the same equipment, facilities, or workforce to provide
					 substantially the same services for substantially the same type of customers as
					 the predecessor port drayage motor carrier.
(2) Shares in the ownership, management,
					 control of the workforce, or interrelations of business operations with the
					 predecessor port drayage motor carrier.
(3) Employs in a managerial capacity any
					 person who directly or indirectly controlled the wages, hours, or working
					 conditions of the drivers owed wages, damages, or penalties by the predecessor
					 port drayage motor carrier.
(4) Is
					 an immediate family member of any owner, partner, officer, or director of the
					 predecessor port drayage motor carrier or of any person who had a financial
					 interest in the predecessor port drayage motor carrier. As used in this
					 subsection, "immediate family member" means a spouse, parent, sibling, child,
					 uncle, aunt, niece, nephew, grandparent, granddaughter, grandson,
					 mother-in-law, father-in-law, brother-in-law, sister-in-law, or
					 cousin.