Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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
foreignlaborcon@dir.ca.gov 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.
1. New
article 4 (sections 13865-13868) 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 9998.1.5, 9998.2, 9998.2.5,
and 9998.11, Business and Professions
Code.
