Cal. Code Regs. Tit. 8, § 13875 - Definitions
In addition to the definitions provided in section 2810.4(a) of the Labor Code, the following apply to both section 2810.4 and to this subchapter:
(a) "Alleged conduct" as
used in Labor Code section
2810.4(b)(2)(B)
means an unsatisfied final court judgment, tax assessment, or tax lien,
including the amount of such final court judgment, tax assessment or tax
lien.
(b) "Division of Labor
Standards Enforcement" as used in Labor Code section
2810.4 has the
same meaning and is referred to as the "Labor Commissioner" or the "Labor
Commissioner's Office."
(c)
"Essential information" as used in Labor Code section
2810.4(b)(1)(A)
includes the amount of the unsatisfied final court judgment, tax assessment, or
tax lien, the date such liability was established (became final),
identification of the court where any final judgment was entered, any
applicable reference number used by the Labor Commissioner to identify the
judgment, assessment, or lien, whether the port drayage motor carrier is listed
as a successor of a predecessor port drayage motor carrier, any North American
Industry Classification System code ("NAICS code") used by the Labor
Commissioner. The NAICS code is excluded from the essential information
provided by a public entity or private party stated in Section
13876(a)(2)-(3),
will be provided by the Labor Commissioner and for purposes of posting only,
and used solely for administrative tracking and shall not be interpreted as
having any bearing on whether the defendant is a "port drayage motor carrier"
within the meaning of Labor Code section
2810.4. For
prior offenders, as defined and specified in Labor Code section
2810.4(a) and
(b)(1)(B), respectively, "essential
information" also includes identification of the Labor Commissioner case or
superior court case where the final or non-final finding of a subsequent
liability was most recently determined.
(d) "Notification by certified mail" as used
in Labor Code section
2810.4(b)(2)
means notification to the last listed address on the Notice of Entry of
Judgment (or if judgment has not been entered, the last listed address in the
tax lien, tax assessment, final citation, or Order, Decision or Award (or,
ODA)) or any agent for service of process listed with the Secretary of
State.
(e) "Successor" means a port
drayage motor carrier, as defined in Labor Code section
2810.4(a)(5)(C),
and shall be liable to the same extent as the predecessor, if one or more of
the following criteria are met:
(1) Uses
substantially the same equipment, facilities, or workforce to provide
substantially the same services for substantially the same type of customers as
the predecessor port drayage motor carrier.
(2) Shares in the ownership, management,
control of the workforce, or interrelations of business operations with the
predecessor 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 penalties by the predecessor
port drayage motor carrier.
(4) Is
an immediate family member of any owner, partner, officer, or director of the
predecessor port drayage motor carrier or of any person who had a financial
interest in the predecessor port drayage motor carrier. As used in this
subsection, "immediate family 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
cousin.
(f) "Tax
assessment, or tax lien that may be released to the public under federal and
state disclosure laws" as used in Labor Code section
2810.4(b)(1)(A)
means a tax assessment or tax lien that is public.
(g) "Wages" as defined in Labor Code section
2810.4(a)(9)
include:
(1) Any minimum, regular, overtime,
or other premium wages that are due to the worker, including but not limited to
any wages due under Labor Code sections
226.2,
226.7,
227.3,
246, and
2802;
(2) Any damages or penalties that are due to
the worker or the state based upon any failure to pay wages, as provided by
law, including but not limited to those set forth under Labor Code sections
203,
203.1,
210,
225.5,
226,
226.3,
226.8,
248.5,
558,
1194.2, and
1197.1;
and
(3) Any applicable interest due
for any sum described in this section.
(h) The phrase "court judgment, tax
assessment, or tax lien" means a liability determination as to a port drayage
motor carrier specified in Labor Code section
2810.4(b)(1)(A)
or (B), and is further classified as either:
(1) "Final" which means a liability
determination for which the applicable period for appeal has expired, as
specified in:
(A) Labor Code section
2810.4(b)(1)(A);
or
(B) Labor Code section
2810.4(a)(8)
for an existing liability determination of a prior offender which arose from
unlawful conduct relating to the misclassification of employees as independent
contractors.
(2)
"Non-final" which means a subsequent liability for which the applicable period
for appeal has not expired, as specified in Labor Code 2810.4(b)(1)(B), against
a prior offender for the violation of a labor or employment law or
regulation.
(i) The
phrase "final citation or ODA" means a citation or order, decision or award
issued by the Labor Commissioner as specified in Labor Code section
2810.4(a)(8)(B)
that was not appealed.
Notes
Note: Authority cited: Section 2810.4, Labor Code. Reference: Section 2810.4, Labor Code.
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