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§ 13865. Employer Disclosure to Labor Commissioner of Use of Foreign Labor Contractor.

8 CA ADC § 13865Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 8. Industrial Relations
Division 1. Department of Industrial Relations
Chapter 6. Division of Labor Standards Enforcement (Refs & Annos)
Subchapter 14. Foreign Labor Contractor Registration
Article 4. Disclosure to Labor Commissioner of Use of Foreign Labor Contractor
8 CCR § 13865
§ 13865. Employer Disclosure to Labor Commissioner of Use of Foreign Labor Contractor.
Currentness
(a) Any person who knows or should have known that he, she, or it is using the services of a person who performs foreign labor contracting activities pursuant to Business and Professions Code 9998.1(b) shall make the disclosures required in this article. Evidence of an employing person's knowledge of a foreign labor contractor's registration status includes but is not limited to, the foreign labor contractor's actual registration status during the period of the contract, as reflected on the registry list at DLSE's website.
(b) Definitions. For purposes of this article:
(1) A person “knows” of the use of services of a foreign labor contractor within the meaning of B&P Code section 9998.2(a) if the person willfully or intentionally uses another person to solicit or recruit a foreign worker for employment and the foreign worker was not recruited or solicited by the employing person or an employee of the employing person. A person who employs or otherwise compensates a foreign worker for their labor but did not directly, or through an authorized employee, solicit or recruit a foreign worker, is deemed to have willfully or intentionally used a contractor for purposes of requiring disclosure under this section.
(2) A person “should have known” of the use of services of a foreign labor contractor within the meaning of B&P Code section 9998.2(a) if the person satisfies any of the following:
(A) Fails to exercise reasonable diligence in determining the registration status of any other person who solicited or recruited a foreign worker who is offered or promised employment by the employing person or an authorized employee of the employing person.
(B) Employs or otherwise compensates a foreign worker for their labor where the worker was solicited or recruited by another person who is not the employing person or an employee of the employing person and a reasonable prudent person undertaking a regulated activity under the circumstances could ascertain the role of another person who solicited or recruited the foreign worker.
(3) A person who uses the services of a foreign labor contractor for the purpose set forth in subdivision (b)(1) of this section is the employing person. “Employing person” means the person who is an “employer” within the meaning of B&P Code § 9998.1(b) who will employ or otherwise compensate a foreign worker for labor services.
(c) To make the required disclosure, the employer's designated agent pursuant to Business and Professions Code § 9998.2(b)(1) shall complete and submit form DLSE 704 to the Labor Commissioner by email at [email protected] or by mail to: Labor Commissioner, Licensing & Registration Unit-FnLC, 1515 Clay Street, Suite 401, Oakland, CA 94612. The disclosure shall contain the following information to be provided by the employing person who will use a foreign labor contractor:
(1) Identifying information regarding the employing person.
(A) The employing person's full legal name
(B) All names under which the employing person is doing business as, or has done business as, within the previous three years;
(C) Current physical business address (number, street, city or town, county, state, zip code) and preferred mailing address if different than physical business address, preferred email address, and home physical address of the employing person (if a sole proprietor). Include foreign address, if applicable. If the current address information subsequently changes, the employing person must immediately, but no later than ten (10) days thereafter, advise the Labor Commissioner of the change;
(D) Main business telephone number and mobile telephone number used in conducting business, and preferred email address.
(2) Information regarding the foreign labor contractor and employment of foreign workers.
(A) Name, current physical business address (number, street, city or town, county, state, zip code) and preferred mailing address if different than physical business address, preferred email address, main business telephone number and mobile phone number of person designated by employing person to work with the foreign labor contractor.
(B) Type of business operated by employing person, specifying the industry and function, goods and/or services provided by employing person.
(C) The following employment information, current as of the date of disclosure, shall be provided:
(i) Physical address (number, street, city or town, county, state, zip code) of locations of business operations where foreign workers will work in California.
(ii) Number of foreign guest workers that will perform labor for the employing person.
(iii) Start and end dates of the time period during which foreign workers will perform labor for the employing person.
(iv) Federal visa classification/program authorizing foreign workers who will perform labor for employing person.
(v) Name and brief description of positions to be filled by the foreign workers who will be performing labor for employing person.
(vi) Number of foreign labor contractors the employing person will use to solicit or recruit foreign labor.
(3) Name, current business address (number, street, city or town, county, state, zip code) and mailing address if different than physical business address, email address, main business telephone number and mobile phone number of each foreign labor contractor who will provide soliciting or recruiting services for the employing person for each operation identified in subdivision (2)(C).
(4) Consent, by an express certification statement and pursuant to Business and Professions Code section 9998.1.5(b)(2), to the designation of the Labor Commissioner by an appropriate civil court of the Commissioner as the employing person's agent to accept service of summons in any action against a employing person in the event that employing person has left the jurisdiction in which the action is commenced or otherwise become unavailable to accept service.

Credits

Note: Authority cited: Section 9998.11, Business and Professions Code; Reference: Sections 9998.1.5, 9998.2, 9998.2.5, and 9998.11, Business and Professions Code.
History
1. New article 4 (sections 13865-13868) and section filed 10-8-2018; operative 1-1-2019 (Register 2018, No. 41).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 8, § 13865, 8 CA ADC § 13865
End of Document