California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 6 - Division of Labor Standards Enforcement
Subchapter 15 - Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code Section 2810.4
Article 1 - Definitions Used in Subchapter
Section 13875 - Definitions

(a) "Alleged conduct" as used in Labor Code section 2810.4(b)(2)(B) means an unsatisfied final court judgment, tax assessment, or tax lien, including the amount of such final court judgment, tax assessment or tax lien.

(b) "Division of Labor Standards Enforcement" as used in Labor Code section 2810.4 has the same meaning and is referred to as the "Labor Commissioner" or the "Labor Commissioner's Office."

(c) "Essential information" as used in Labor Code section 2810.4(b)(1)(A) includes the amount of the unsatisfied final court judgment, tax assessment, or tax lien, the date such liability was established (became final), identification of the court where any final judgment was entered, any applicable reference number used by the Labor Commissioner to identify the judgment, assessment, or lien, whether the port drayage motor carrier is listed as a successor of a predecessor port drayage motor carrier, any North American Industry Classification System code ("NAICS code") used by the Labor Commissioner. The NAICS code is excluded from the essential information provided by a public entity or private party stated in Section 13876(a)(2)-(3), will be provided by the Labor Commissioner and for purposes of posting only, and used solely for administrative tracking and shall not be interpreted as having any bearing on whether the defendant is a "port drayage motor carrier" within the meaning of Labor Code section 2810.4. For prior offenders, as defined and specified in Labor Code section 2810.4(a) and (b)(1)(B), respectively, "essential information" also includes identification of the Labor Commissioner case or superior court case where the final or non-final finding of a subsequent liability was most recently determined.

(d) "Notification by certified mail" as used in Labor Code section 2810.4(b)(2) means notification to the last listed address on the Notice of Entry of Judgment (or if judgment has not been entered, the last listed address in the tax lien, tax assessment, final citation, or Order, Decision or Award (or, ODA)) or any agent for service of process listed with the Secretary of State.

(e) "Successor" means a port drayage motor carrier, as defined in Labor Code section 2810.4(a)(5)(C), and shall be liable to the same extent as the predecessor, if one or more of the following criteria are met:

(f) "Tax assessment, or tax lien that may be released to the public under federal and state disclosure laws" as used in Labor Code section 2810.4(b)(1)(A) means a tax assessment or tax lien that is public.

(g) "Wages" as defined in Labor Code section 2810.4(a)(9) include:

(h) The phrase "court judgment, tax assessment, or tax lien" means a liability determination as to a port drayage motor carrier specified in Labor Code section 2810.4(b)(1)(A) or (B), and is further classified as either:

(i) The phrase "final citation or ODA" means a citation or order, decision or award issued by the Labor Commissioner as specified in Labor Code section 2810.4(a)(8)(B) that was not appealed.