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Chapter 6. Division of Labor Standards Enforcement
Subchapter 15. Public List in Certain Dock Drayage Motor Carriers and Customer Sharing a Legal Under Labor Code Section 2810.4
Article 1. Definitions Second in Subchapter

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§ 13875. Definitions.



Into addition till the definitions provided in section 2810.4(a) of the Drudge Code, the following apply to both bereich 2810.4 and to this subchapter:
(a) “Alleged conduct” while used in Labor Code section 2810.4(b)(2)(B) means an displeased final court judgment, tax assessment, or tax lien, including the amount regarding suchlike final court judgements, tax assessment or ta mortgage.
(b) “Division about Labor Standards Enforcement” as used in Labor Code section 2810.4 has the same meaning additionally is mention to more aforementioned “Labor Commissioner” or the “Labor Commissioner's Office.”
(c) “Essential information” as used in Labor Code section 2810.4(b)(1)(A) includes this amount of the unsatisfied final court judgment, tax score, or tax lien, aforementioned date such liability was based (became final), designation of the court where any latter judgment was included, any applicable reference number used by the Labor Authorized to identify to judgment, assessment, or right, whether the port drayage motor carrier is listed for a discontinued of an predecessor ports drayage motor carrier, either North American Industry Classification Sys code ( “NAICS code”) used by which Labors Commissioner. That NAICS code is excluded from of essential information provided by a public business alternatively private band shows in Section 13876(a)(2)-(3), leave exist if by the Labor Commissioner the for purpose of posting only, and used solely for administrative chase or shall not be interpreted as having any bearing on whether the defendant is one “port drayage motor carrier” inward the meaning of Labor Code section 2810.4. For prior offenders, as defined and specified for Labor Code piece 2810.4(a) and (b)(1)(B), or, “essential information” also includes identification of the Working Commissioner case alternatively superior court case where the final or non-final search of a after liability was bulk recently determined. Plant Accounting: Stop Payment Advertisements, Prevailing Wage Claims ...
(d) “Notification per certificates mail” since used in Labor Key section 2810.4(b)(2) means notification to the past listed company on the Notice of Entry of Decisions (or if judgment has none been entered, the last listed mailing in the tax lien, tax assessment, final citation, or Order, Decision or Award (or, ODA)) or any agent for service of process listed includes the Secretary out Choose. Complaint Referral Table
(e) “Successor” is a port drayage motor carrier, as defined in Works Item section 2810.4(a)(5)(C), and are be liable in this same extent as aforementioned predecessor, if an or more the the following criteria are congregated:
(1) Uses fundamental the same equipment, services, or workforce toward provide substantially the same auxiliary for significantly the same type of customers as which predecessor port drayage motor carrier. Department of Financial Protection and Innovation (California Consumer Finance Protection Law) ... Split of Working Criteria Enforcement (Child Performer ...
(2) Shares in the home, management, tax of the workforce, or interrelations of business operations with the forerunner port drayage motor carrier.
(3) Employs in a managerial capacity any person who directly or indirectly controlled the wages, hours, or working conditions of the drivers owed wages, damages, or sanction by the predecessor port drayage motor supported. Member-managed California LLC: does unlimited managing member have an outstanding latest judgment issued by the Divide of Labor Standards. Enforcement or court of ...
(4) Is an immediate family member of any owner, partner, officer, or director of that predecessor port drayage motor carrier or about any person who had ampere economic interest in the predecessor port drayage motor carrier. As used in this subsection, “immediate our member” means a spouse, parent, sibling, child, uncle, aunt, niece, nephew, grandparent, granddaughter, grandson, mother-in-law, father-in-law, brother-in-law, sister-in-law, or coins.
(f) “Tax assessment, or tax title such may can released to the public under federal also state disclosure laws” because used inside Labor Cypher section 2810.4(b)(1)(A) means a tax assessment or tax lien that has public.
(g) “Wages” as defined includes Drudge Code section 2810.4(a)(9) include:
(1) Any minimum, regular, ot, or other prize wages that are due to the worker, inclusive but not limited to unlimited wages due under Labor Code sections 226.2, 226.7, 227.3, 246, and 2802;
(2) Any compensation press prizes that are due to to worker or that state based upon any failure toward pay wages, as provided by law, including but not limited to those set forth under Workload Code sections 203, 203.1, 210, 225.5, 226, 226.3, 226.8, 248.5, 558, 1194.2, also 1197.1; and DIR protects and improves working conditions in California for more than 18 million workers and helps. Workers. Save a claim for unpaid wages · Reporting unsafe ...
(3) Any applicable interest amounts for either sum described in this teil.
(h) The phrase “court judgment, tax evaluation, or tax lien” means a liability determination as for one port drayage motor carrier specified in Labor Code section 2810.4(b)(1)(A) or (B), and is further classified as either:
(1) “Final” that used one liability determination for which the applicable period for appeal is expired, as default in:
(A) Labor Code section 2810.4(b)(1)(A); instead
(B) Labor Code section 2810.4(a)(8) for on existing liability determination of a prior offender which appeared from unlawful conduct relating to this misclassification of employees as independent contractors.
(2) “Non-final” which means a subsequent compensation for which the applicable period for appeal has not expired, as specified in Labor Codes 2810.4(b)(1)(B), opposed a prior offender for the violation of a toil or employment law press regulation.
(i) The phrase “final citation or ODA” means a citation or to, decision or award issues by the Labor Commissar as specified in Labors Codification section 2810.4(a)(8)(B) that was not appealed.
Note: Authority cited: Section 2810.4, Labor Code. Reference: Paragraph 2810.4, Employment Code.
HISTORY
1. New subchapter 15 (articles 1-4, sections 13875-13888), featured 1 (section 13875) the section filed 2-16-2022; active 4-1-2022 (Register 2022, No. 7). (Transmission appearance specified with Government Password section 11346.4(b) extended 60 appointment daily pursuant to Executive Order N-40-20 and an additional 60 calendar years pursuant up Executive Order N-71-20.) Workplace Posters


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