Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Labor
Commissioner's Office shall include on the public internet webpage an
unsatisfied final court judgment, tax assessment, or tax lien, resulting in a
finding of a port drayage motor carrier's unlawful conduct specified in Labor
Code section
2810.4(b)(1)(A),
from the following sources:
(1) Labor
Commissioner citations, Labor Commissioner orders, decisions or awards, or any
other legal action brought by the Labor Commissioner.
(2) Other public entities that provide
essential information regarding an unsatisfied final court judgment, or a
publicly-available tax assessment or tax lien for a port drayage motor carrier
who submit such information to the Labor Commissioner's Office in accordance
with subsection (c) of this section.
(3) A private party who, personally or
through their authorized representative, provides essential information
regarding an unsatisfied final judgment in accordance with subsection (c) of
this section.
(b) Prior
Offenders. The Labor Commissioner shall post on the internet webpage the name,
address, and essential information of a prior offender, who has an existing
final court judgment, tax assessment, tax lien, or final citation or ODA that
arose from unlawful conduct relating to misclassification of employees as
independent contractors, if a subsequent liability is issued, even if the
period for appeal has not expired, from the following sources:
(1) An unsatisfied final or non-final
judgment or a final citation or ODA arising from proceedings before the Labor
Commissioner that includes a finding that a port drayage motor carrier has
violated a labor or employment law or regulation.
(2) Other public entities that provide
information in accordance with subsection (c) of this section regarding a port
drayage motor carrier's subsequent violation of a labor or employment law or
regulation.
(3) A private party,
who personally, or through their authorized representatives, provides
information in accordance with subsection (c) of this section regarding a port
drayage motor carrier's subsequent violation of a labor or employment law or
regulation.
(c) Requests
by Private Party or Other Public Entity to Post Liability Determinations.
(1) The Labor Commissioner's Office shall
post liability determinations described in subsections (a)(2) and (3) or (b)(2)
and (3), or both if applicable, along with essential information to the
internet webpage only if a written request is provided by the private party or
other governmental entity. The manner and form of a written request and
submission provided to the Labor Commissioner's Office shall be acceptable if
the private party or other governmental entity complies with the following:
(A) The submission includes documentary
evidence that a liability determination was made and that the determination was
against a port drayage motor carrier as defined in Labor Code section
2810.4(a).
This evidence shall consist of:
(i) The final
or non-final liability determination by a governmental authority or court,
which includes, but is not limited to, a conformed copy of a final judgment,
ruling, citation, or other decision, and any qualifying prior final or
subsequent non-final determinations of liability for a prior offender, as
applicable;
(ii) Evidence that the
liable party engaged in "port drayage services" or otherwise qualifies as a
"port drayage motor carrier" under Labor Code section
2810.4(a);
and
(iii) If applicable, evidence
to demonstrate that the port drayage motor carrier is a "successor" as defined
in section 13875(e).
(B) The submission provides the full and
complete name and last known address of the port drayage motor carrier. If the
port drayage motor carrier is a corporation, limited liability company or other
entity registered with the Secretary of State, the submission shall include a
copy of the most recent statement of information or other registration document
filed with the Secretary of State.
(C) For requested postings relating to prior
offenders, the submitting private party or other public entity shall identify
in the written request each submitted liability determination as a prior or
subsequent liability determination as described in subdivision (b), as
applicable.
(D) The request and all
other required documentation shall be submitted to the Labor Commissioner's
Office, Attn: 2810.4 Copy of Final Order, 1500 Hughes Way, Suite C-202, Long
Beach, CA 90810, or can be submitted in pdf format via email to:
SB1402@dir.ca.gov.
(2)
Upon review of the information provided by a private party or other public
entity and determination that sufficient evidence has been provided to permit a
posting, the Labor Commissioner shall notify the port drayage motor carrier
pursuant to Section
13877.
1. New
article 2 (sections 13876-13882) and section filed 2-16-2022; operative
4-1-2022 (Register 2022, No. 7). (Transmission deadline specified in Government
Code section
11346.4(b)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.)
Note: Authority cited: Section
2810.4, Labor
Code. Reference: Section
2810.4, Labor
Code.
