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 13694 - Procedure for Obtaining Damages from the Car Wash Worker Restitution Fund, Disbursement of Moneys from the Car Wash Worker Restitution Fund, Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Labor Commissioner shall determine which claims are
					 accepted, and the amount of money, if any, to be disbursed from the Car Wash
					 Worker Restitution Fund on an accepted claim. The Commissioner shall make these
					 determinations based on a consideration of the information requested in
					 subsection (b) of this section.
(a) An
				  employee who has been damaged by an employer's failure to pay wages, penalties,
				  or other related damages, or a combination of them, must, before making a claim
				  for payment from the Car Wash Worker Restitution Fund, attempt to collect the
				  wages, penalties, or other related damages directly from the employer and the
				  employer's surety bond.
(b) An
				  employee or his or her authorized representative seeking recovery of unpaid
				  wages, penalties or other related damages, or a combination of them, from the
				  Car Wash Worker Restitution Fund must submit a claim in writing to the Labor
				  Commissioner. The claim itself need not be in any particular form, but must
				  include the following information and documents:
(1) Name, street mailing address, and home
				  telephone number of employee for whom recovery is sought;
(2) Employee's social security number or
				  individual taxpayer identification number;
(3) Name, street address, and telephone
				  number (if known) of the employer that failed to pay the employee his or her
				  wages, penalties, or other related damages;
(4) The period of time during which the wages
				  were earned, giving both the beginning and ending dates specified as month,
				  day, year;
(5) The number of hours
				  worked or other basis for being paid wages;
(6) The promised rate of pay;
(7) The actual rate of pay;
(8) Amount of wages sought;
(9) Amount of penalty sought, if any, and
				  Labor Code section pursuant to which the penalty is imposed;
(10) Amount of other related damages sought,
				  if any, described and itemized;
(11) Amount of recovery sought less any
				  amount recovered from the employer or the employer's surety bond, or
				  both;
(12) Net amount of total
				  recovery sought, if different from the amount in subsection (11);
(13) Proof of actual damages
				  suffered;
(14) A copy of the
				  employee's written assignment of the claim to the representative, if
				  applicable;
(15) A declaration or
				  affidavit under penalty of perjury that complies with the provisions of Section
				  2015.5
				  of the California Code of Civil Procedure containing information regarding
				  attempts made by the employee or his or her representative to satisfy the claim
				  by demand against the surety bond required by Labor Code Section
				  2055(b),
				  and the results of the demand. The declaration or affidavit must also disclose
				  the attempt(s) made to collect the recovery sought directly from the employer,
				  and the results of the attempt(s). The employee's representative may sign the
				  declaration or affidavit required by this subdivision if the information
				  submitted does not require the personal knowledge of the
				  employee.