§ 13870. Unlawful Recruitment Fees.
8 CA ADC § 13870Barclays 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 5. Prohibited Fees & Costs; Post-Hire Costs and Expenses; Disclosures to Foreign Worker by Contractor
8 CCR § 13870
§ 13870. Unlawful Recruitment Fees.
(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.
(2) Amounts which are added to, or padded upon, expenses authorized under the applicable federal visa program pursuant to federal rules and regulations which are beyond actual amounts for a specifically authorized expense may constitute a recruitment fee if it is for collection for items specified in, or subject to, this section.
Credits
Note: Authority cited: Section 9998.11, Business and Professions Code; Reference: Sections 9998.1, 9998.2.5, 9998.8 and 9998.11, Business and Professions Code.
History
1. New article 5 (sections 13870-13874) and section filed 10-8-2018; operative 1-1-2019 (Register 2018, No. 41).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 8, § 13870, 8 CA ADC § 13870
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