California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 6 - Division of Labor Standards Enforcement
Subchapter 9 - Farm Labor Contractors
Article 4 - Farmworker Remedial Account
Section 13667 - Procedure to Obtain Damages from the Farmworker Remedial Account
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An employee of a licensed farm labor contractor or an unlicensed farm labor contractor who has been recruited, solicited, supplied, hired, furnished or transported by the contractor on behalf of an employer engaged in the growing or producing of farm products and who has suffered damages in the form of non-payment of all or part of the wages owed to the employees may seek recovery from the Farmworker Remedial Account.
(b) A claim for recovery from the Farmworker Remedial Account must be addressed to the Labor Commissioner by an employee(s), or his or her (their) representative or a farm labor contractor on behalf of his or her employees or their representatives. The history and current status of the claim submitted against the Farmworker Remedial Account will determine what additional information, if any, will be required by the Labor Commissioner. Information necessary to satisfy this section does not need to be in any particular format. Claims may originate from an Order, Decision or Award, the judgment of a civil court or other tribunal, or from other final determinations. F or claims originating from an Order, Decision or Award of the Labor Commissioner, civil court, or other tribunal, a copy of the final decision and findings may satisfy the requirements of this section.
(c) To file a claim for recovery from the Farmworker Remedial Account, the following information is required:
(d) If the declarations submitted in support of application for recovery are insufficient to sustain a recovery from the Farmworker Remedial Account either due to lack of information or due to a belief that the information submitted is potentially inaccurate, the Labor Commissioner may order an investigatory hearing.
(e) Subject to the discretion of the Labor Commissioner, a farm labor contractor may seek recovery on behalf of his or her employees from the Farmworker Remedial Account if he or she is unable to pay the employees due to the failure of a grower or packer to pay the contractor. When such a claim is submitted, the farm labor contractor must also satisfy the requirements regarding the loss to employees or other claimants and must first exhaust remedies against his or her bond before applying to the fund on behalf of his or her employees.
(f) In exercising discretion under Labor Code section 1684(a)(4), the Labor Commissioner may review the following criteria: all materials submitted pursuant to section 13667(a) and (b); any evidence submitted by the farm labor contractor which can establish a grower or packer's failure to pay for farm labor contracting services as defined in Labor Code section 1682(b); and any evidence which reflects upon a farm labor contractor's character, competency, or responsibility.
1. New article 4 (sections 13667-13667.4) and section filed 5-30-2014; operative 7-1-2014 (Register 2014, No. 22).
Note: Authority cited: Section 1699, Labor Code. Reference: Sections 1684 and 1699, Labor Code.