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 2 - Registration
Section 13853 - Application for Registration as a Foreign Labor Contractor
Universal Citation: 8 CA Code of Regs 13853
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
To register as a Foreign Labor Contractor, the applicant shall complete, sign and submit a written physical application for registration (DLSE 701) and provide the items and documents pursuant to the respective registration requirements as specified in this article by mail to: Labor Commissioner, Licensing & Registration Unit-FnLC, 1515 Clay Street, Suite 401, Oakland, CA 94612, or by email at foreignlaborcon@dir.ca.gov. The applicant shall certify under penalty of perjury that the information provided on the registration form, any supplementary documents, and any other information submitted by the applicant in support of the registration is true and correct. If the place of execution is outside California, the certification must be sworn before a notary public or other officer authorized to take oaths and affirmations. The Labor Commissioner may make an online application available.
(a) The application for registration (DLSE 701) shall indicate whether the application is for a new (initial) registration or a renewal application and shall further contain the following information to be provided by the applicant:
(1) The full legal name, identity of the
legal form or type of ownership of the foreign labor contractor business
(individual/sole proprietor, partnership, corporation, limited liability
company, or other business entity).
(2) All names under which the applicant is
doing business as or has done business as within the previous three
years.
(3) 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 designation of an agent for service of process, if
applicable, including physical address and business telephone number and mobile
telephone number of the designated agent for service of process. If applicable,
a foreign business' main physical address shall similarly provide full
information regarding the applicant's physical location in a foreign country,
business telephone number, and, mobile telephone number.
(4) If the current contact information
subsequently changes, the applicant must immediately, but no later than ten
(10) days thereafter, advise the Labor Commissioner of the change.
(5) Domestic and international locations
where applicant is doing business (city, state, and country).
(6) The following information identifying and
providing contact information of individuals who have financial interests in
the applicant's business:
(A) If the applicant
is an individual (sole proprietor), that individual's full name, date of birth,
driver's license number, Social Security number or Taxpayer Identification
number, physical home address, mailing address, if different (include foreign
address and identification number, if applicable), business telephone and
mobile telephone number.
(B) If
applicant is a corporation, the date of incorporation and the name, date of
birth, driver's license number, Social Security number or Taxpayer
Identification number, physical home address, mailing address, if different
(include foreign address and identification number, if applicable), business
telephone and mobile telephone number of each corporate officer, and ownership
percentage, if any, of each officer. If a foreign corporation incorporated or
organized outside of California, also provide the date a Statement and
Designation by Foreign Corporation (Form S&DC-S/N) was filed with the
Secretary of State.
(C) If
applicant is a partnership, the date the partnership was created and the name,
date of birth, driver's license number, Social Security number or Taxpayer
Identification number, physical home address, mailing address, if different
(include foreign address and identification number, if applicable), business
telephone and mobile telephone number, and ownership percentage of each
partner.
(D) If applicant is a
limited liability company (LLC), the date of filing the articles of
organization, and the name, date of birth, driver's license number, Social
Security number or Taxpayer Identification number, physical home address,
mailing address, if different (include foreign address and identification
number, if applicable), business telephone and mobile telephone number, and
ownership percentage of each member.
(7) Indicate whether the applicant will
utilize the services of any other registered foreign labor contractor to
recruit or solicit foreign workers.
(A) If
yes, state for each individual or entity who will perform any of these
activities (i) the person or other entity's name, current physical address
(include foreign address, if applicable) and telephone number, Social Security
number or Tax Identification number, and foreign labor contractor registration
number;
(B) If no, state any other
individual or entity who will perform these activities on applicant's behalf
which includes, but is not limited to, employees of the applicant and provide
the information listed in subdivision (A) for each identified person or
entity.
(8) The names and
physical addresses, mailing address, if different (include foreign address, if
applicable), email address, business telephone and mobile telephone number of
all businesses with whom the applicant plans to contract in the next twelve
(12) months and, if applying for registration renewal, with whom the applicant
has contracted during the past two years.
(9) Indicate whether the applicant's foreign
labor contracting operation will be conducted in connection with any other
business, and, if so, the type of business and name, physical addresses,
mailing address, if different (include foreign address, if applicable), email
address, business telephone and mobile telephone number of the other
business.
(10) Indicate any
license, registration, or permit issued pursuant to any state or federal law,
or law of a foreign country, that any person or entity identified under
subdivisions (a)(1), (a)(2), and (a)(6) of this section has obtained within the
last 5 years.
(11)
(A) Indicate whether any person or entity
identified under subdivisions (a)(1), (a)(2), and (a)(6) of this section,
within the last 5 years:
(i) owes payroll
taxes, personal, partnership or corporate income taxes, Social Security taxes,
or disability insurance taxes;
(ii)
has plead guilty or nolo contendere to or been convicted of a crime involving
fraud or misrepresentation, either misdemeanor or felony. The term convicted
includes instances in which there was a suspension of sentence and probation
granted and where judicial dismissal proceedings under Penal Code section
1203.4 et seq.
were undertaken;
(iii) has had any
license, registration, or permit issued pursuant to any state or federal law,
or law of a foreign country that was suspended, revoked or denied, or has had
any disciplinary action whatsoever of any nature imposed upon him, her, or it
in connection with the holding of a license or permit.
(B) If any person or entity identified in
subdivision (A) above falls within subdivisions (i) through (iii), the
applicant shall submit an explanation regarding the incident and documentation
supporting the explanation, including but not limited to, description of the
violation or charge, date of incident, court or agency name (federal, state,
local, or foreign country), and the disposition, if any, of the
matter.
(12) Indicate the
total number of employees the applicant will employ, if applicable, and provide
state and federal tax employer identification numbers, or similar employer
identification number required by a taxing authority in a foreign
country.
(13) Total gross annual
receipts for the applicant which amount shall not account for any deductions
for expenses, as specified in Section
13857(b).
(14) The name, address, business telephone
number and mobile telephone number of an agent or representative designated by
the applicant to speak on behalf of the applicant for purposes of communicating
with DLSE personnel.
(15) Attest to
express certification statements regarding obligations which are acknowledged
and made when submitting an application that the applicant:
(A) Agrees to comply with Labor Code section
3700, if
applicable, which requires every employer to be insured against liability for
workers' compensation.
(B) Is aware
of and agrees to comply with the provisions of Business and Professions Code
section
9998.1.5(b)(3)(A)
to deposit a surety bond with the Labor Commissioner and maintain an effective
bond at all times during the period of registration.
(C) Agrees, as a condition of being
registered as a foreign labor contractor by the Labor Commissioner, to keep the
Commissioner informed of any change in the registrant's address and other
contact information within ten (10) days of any change.
(D) Consents, pursuant to Business and
Professions Code section
9998.1.5(b)(1)(C),
to the designation of the Labor Commissioner by an appropriate civil court of
the Commissioner as the registrant's agent to accept service of summons in any
action against a registrant in the event that applicant has left the
jurisdiction in which the action is commenced or otherwise become unavailable
to accept service.
(E) Is aware of
the responsibilities as registrant and agrees to operate as a foreign labor
contractor in compliance with all applicable provisions of law, including the
Business and Professions Code and applicable regulations; and specifically,
certifies that the applicant has not been found by a court, the Secretary of
Labor, or the Labor Commissioner to have violated provisions of any of the
following:
(i) The federal Trafficking Victims
Protection Act of 2000 (Division A,
Public Law
106-386), as amended.
(ii) Requirements under Labor Code sections
1682 through
1699,
inclusive, which and apply to persons subject to farm labor contractor license
laws, including the prerequisites to obtaining a license.
(iii) Penal Code section
236.1, relating
to human trafficking.
(iv)
Requirements of any federal guest worker program.
(F) Certifies that applicant has provided all
facts required by the Labor Commissioner to make its determination to register
a foreign labor contractor as to the applicant's character, competency,
responsibility, and the manner and means in which the applicant proposes to
conduct operations.
(G) Is aware of
the provisions of the Business and Professions Code and applicable regulations
regarding grounds for revocation, suspension, refusal to renew, or grant
registration to operate as a foreign labor contractor, and that a violation for
failure to comply with all registration requirements applicable to foreign
labor contractors will subject a registrant to denial of an application
(initial or renewal), revocation, suspension.
(H) Is aware that any material
misrepresentation or omission made in connection with the information provided
on the application or other documents submitted relating to the application is
grounds for denial or subsequent revocation of
registration.
(b) The applicant shall provide to the Labor Commissioner the following items and documents along with the application for registration:
(1) Fees: Registration fee of
$95 pursuant to Business and Professions Code section
9998.1.5(b)(4).
All fees may be paid online by accessing
http://www.dir.ca.gov/dlse/Online.Payment, or by submission of a certified
check, cashier's check, or money order to the "Labor Commissioner's Office" or
"Division of Labor Standards Enforcement."
(2) If applicant is a corporation, a copy of
the Articles of Incorporation and the most recent Statement of Information
(form SI-550) filed with the Secretary of State. If the applicant is an LLC, a
copy of the Articles of Organization and most recent Statement of Information
(form LLC-12); and if a partnership, a copy of the written partnership
agreement, if any. If the applicant is a corporate or similar entity in a
foreign country, a copy of the registration or other certificate from the
applicable foreign governmental agency which authorizes the business entity to
exist or otherwise act as a lawful business entity.
(3) An original Foreign Labor Contractor Bond
(DLSE 702) which complies with the requirements of Business and Professions
Code section
9998.1.5(b)(3).
(4) Live scan fingerprint images for a sole
proprietor, all partners of a partnership, all corporate officers of a
corporation, each member of a limited liability company, as
applicable.
(5) A copy of driver's
license or other photo identification card with photograph, or passport photo
for a sole proprietor, all partners of a partnership, all corporate officers of
a corporation, each member of a limited liability company, as
applicable.
(c) The Labor Commissioner may request any additional supporting documentation as proof of statements made in response to the application questions and to complete any investigation to the Labor Commissioner's satisfaction as to the character, competency and responsibility of the applicant.
1. New article 2 (sections 13853-13857) and section filed 10-8-2018; operative 1-1-2019 (Register 2018, No. 41).
Note: Authority cited: Section 9998.11, Business and Professions Code. Reference: Sections 9998, 9998.1 and 9998.1.5, Business and Professions Code.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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