California Code of Regulations
Title 8 - Industrial Relations
Division 2 - Agricultural Labor Relations Board
Chapter 2 - Unfair Labor Practice Regulations
Section 20299 - Agricultural Employee Relief Fund
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) This subdivision shall apply to all cases in which the Board has ordered monetary relief for agricultural employees or has issued an order approving a settlement agreement providing for payment of monies to agricultural employees, where the collection of monies pursuant to such orders or settlement agreements occurred on or after January 1, 2002. In addition, this subdivision shall apply where the collection of monies occurred prior to January 1, 2002, if the monies were not subject to an enforceable promise to return them to the employer and had not escheated to the State by operation of law as of January 1, 2002.
(b) When a regional director has good cause to believe that the collection of the full amount of monetary relief previously ordered by the Board is not possible after reasonable efforts have been made to collect the balance from the employer, the regional director shall file a motion seeking a finding by the Board that the case is eligible for pay out from the Fund. In the case of formal settlement agreements, as defined in section 20298, where there has been a prior adjudication by the Board of the amounts owing, such adjudication shall define the full amount of monetary relief owing to employees. Where there has not been a prior adjudication of the amount owing to employees, the full amount owing to employees shall be the amount specified in the formal settlement agreement. The motion shall be filed with the Board and served on the parties to the case in accordance with sections 20160 and 20166, and shall be accompanied by a statement describing the collection efforts made to date and the basis for the regional director's belief that collection of the full amount owing is not possible. Any party to the case may file a response within 10 days of service of the motion. If the Board grants the motion, the case shall become eligible for pay out from the Fund, in accordance with the provisions below.
(c) The provisions of subdivision (b) shall be applied to every distribution from the Fund, unless the Board, within 10 days of the determination referred to in subdivision (b)(1), finds that application of those provisions will result in manifest injustice. In the event of such a finding, the Board may alter the distribution in order to avoid such injustice.
(d) A motion to make a case eligible for pay out from the Fund pursuant to subdivision (b) of this section shall be deemed to include a simultaneous motion to close pursuant to John V. Borchard, et al. (2001) 27 ALRB No.1. In such event, the filing requirements set forth in this section shall be controlling. In the event that a closed case is later reopened pursuant to the criteria set forth in John V. Borchard, et al. (2001) 27 ALRB No. 1 and further collection of monies from the employer is effectuated, the Fund shall be reimbursed to the extent that the combination of the amount collected from the employer and the amount paid from the Fund exceeds the full amount owed to employees in that case.
1. New section filed 9-3-2002; operative 10-3-2002 (Register 2002, No. 36).
2. Amendment of subsection (a) filed 4-19-2004; operative 5-19-2004 (Register 2004, No. 17).
3. Amendment of subsections (b)(2) and (b)(5) filed 12-13-2005; operative 1-12-2006 (Register 2005, No. 50).
4. Amendment of subsection (b)(4) filed 4-18-2007; operative 5-18-2007 (Register 2007, No. 16).
5. Amendment filed 8-9-2023; operative 10/1/2023 (Register 2023, No. 35).
Note: Authority cited: Section 1144, Labor Code. Reference: Section 1161, Labor Code.