Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Applicants for registration shall complete the application form provided by the
Labor Commissioner entitled, "Application for Registration Garment
Manufacturing Industry" [DLSE 810 (REV. 11/23)], which is hereby incorporated
by reference. The form is available online at
https://www.dir.ca.gov/dlse/apply_new_garment_manufacturers_and_contractors.htm.
The form includes the following information which the applicant shall certify
under penalty of perjury:
(1) Name and
business address of applicant, and the address of each location where employees
will be engaged in garment manufacturing;
(2) Form of business entity;
(3) Name, social security number, California
driver's license number, and residence address of owner, if sole
proprietorship;
(4) Name(s), social
security number(s), California driver's license number(s), and residence
address(es) of co-owners, if any;
(5) Fictitious name, if any, under which the
business is operated;
(6) Names,
social security number(s), California driver's license number(s), and residence
addresses of all partners, if a partnership;
(7) Names, social security numbers,
California driver's license numbers, and residence addresses of all officers
and directors, and their respective titles, if a corporation;
(8) Number of employees, and a copy of the
most recently filed quarterly report to the Employment Development Department
reflecting the number of employees employed;
(9) Type of business, and whether the
business primarily operates as a garment manufacturer or a garment
contractor;
(10) Proof of current
workers' compensation insurance coverage;
(11) The name(s), address(es), and form(s) of
business entities of persons and entities engaged in the business of garment
manufacturing with whom the applicant has entered into contracts for the
performance of garment manufacturing services during the past three
years;
(12) The applicant's
employer tax identification number;
(13) Name(s), social security number(s),
California driver's license number(s), and residence address(es) of all
managers and supervisors who directly or indirectly control the wages, hours,
or working conditions of the applicant's employees.
(14) Name(s), social security number(s),
California driver's license number(s), and residence addresses of all
substantial shareholders, and the percentage of their ownership in the
business, if a corporation. For the purpose of this section, the term
"substantial shareholder" shall mean any shareholder who owns at least 20% of
the total value of all classes of stock, or, if no stock has been issued, who
owns at least 20% of the beneficial interests in the corporation.
(15) Names, social security number(s),
California driver's license number(s), and residence addresses of all members,
if a limited liability corporation.
(16) Name and business address of the agent
for service of process, if a corporation or limited liability
company.
(17) The amount of gross
sales receipts, as defined in section
13635(d), for the
12-month period immediately preceding the filing of the application.
(18) A list of all assessments of wages due
and all penalty citations for violations of provisions of the Fair Labor
Standards Act or the California Labor Code that were issued by the United
States Department of Labor or the California Department of Industrial Relations
within the past three years to the applicant or the applicant's owner(s),
partners (if the applicant is a partnership), corporate officers, directors and
substantial shareholders (if the applicant is a corporation), members (if the
applicant is a limited liability company), or managers and supervisors; the
names of the persons and businesses that were cited or assessed; the date and
amount of each citation or assessment; the disposition of any appeal on the
citation or assessment; and whether or not the citation or assessment has been
paid, and if so, the date it was paid.
(19) A list of all judgments and settlement
agreements for unpaid wages that were entered within the past five years
against the applicant or the applicant's owner(s), partners (if the applicant
is a partnership), corporate officers, directors and substantial shareholders
(if the applicant is a corporation), members (if the applicant is a limited
liability company), or managers and supervisors; the names of the persons and
businesses against whom judgments or settlement agreements for unpaid wages
were entered; the date of entry of judgment or the date of execution of the
settlement agreement; the court that entered the judgment, the case number, and
the amount found due in each judgment or settlement agreement; and whether or
not the judgment or settlement agreement has been paid, and if so, the date it
was paid.
(20) Whether the
applicant or the applicant's owner(s), partners (if the applicant is a
partnership), corporate officers, directors and substantial shareholders (if
the applicant is a corporation), members (if the applicant is a limited
liability company), or managers and supervisors have had a garment registration
certificate revoked or an application for registration denied, and if so, the
name and address of the business whose registration or application for
registration was revoked or denied, the period of revocation or date of denial,
and the reasons for the revocation or denial.
(21) For any applicant that had an
application for registration denied, or a registration revoked or suspended,
pursuant to proceedings under section
13646 at any time during the past
three years, whether the applicant has had any gross sales receipts, as defined
in section 13635(d), at any
time during the three years prior to the filing of the application.
(22) For new applicants, whether the
applicant or the applicant's owner(s), partners (if the applicant is a
partnership), corporate officers, directors and substantial shareholders (if
the applicant is a corporation), members (if the applicant is a limited
liability company), managers and supervisors, or immediate family members of
any of the above persons have ever previously operated as a garment
manufacturer, contractor, or in any other capacity in garment manufacturing,
including but not limited to exercising direct or indirect control over garment
workers' wages, hours and working conditions, and if so, the name(s) and
address(es) of the business(es), dates of operation, garment registration
number(s), and dates of registration.
(b) Every person applying for registration as
a manufacturer shall certify in writing that they are aware of the joint and
several liability and proportional liability provisions in Labor Code Section
2673.1, under
which every garment manufacturer is (i) jointly and severally liable with the
contractor and any brand guarantors for the full amount of unpaid wages,
reimbursements for expenses, and any other compensation, including interest,
the employee's reasonable attorney's fees and costs, and civil penalties for
failure by the contractor to secure valid workers' compensation coverage and
(ii) liable with the contractor for the full amount of damages and penalties,
including interest, for a violation of the Labor Code. With regard to a
manufacturer's liability for damages and penalties, if two or more
manufacturers have performed work with the same contractor during the same pay
period, the liability of each manufacturer shall be limited to their
proportionate share, as determined by the Labor Commissioner.
(c) The residence addresses, social security
numbers, and California driver's license numbers listed in the application for
registration pursuant to subsections (a)(3),(4), (6), (7), (13), (14) and (15),
above, are for the Labor Commissioner's use for licensing and law enforcement
purposes, and are confidential and shall not be disclosed to any person other
than an employee of a law enforcement agency, except if required by court order
or if necessary for the prosecution, by the Labor Commissioner, of any judicial
or administrative proceeding.
Note: Authority cited: Sections
2672 and
2675, Labor
Code. Reference: Sections
2673.1,
2675,
2678 and
2684, Labor
Code; and Section
6254(f),
Government Code.
Note: Authority cited: Sections
2672 and
2675, Labor
Code. Reference: Sections
2673.1,
2675,
2678 and
2684, Labor
Code; and Section
6254(f),
Government Code.
