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Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.







s 12026. Setting and Notice of Hearing.
In a proceeding for the determination of a controversy, either party, after service of petition and filing of the answer, or, if no answer has been filed after the 20 day period set forth in California Code of Regulations, Title 8, Section 12025, may file with the Labor Commissioner a Request for Setting of Hearing; said request for hearing shall include a certificate of service by mail on the opposing party. Thereafter, the Labor Commissioner shall give notice of the time and place of hearing to each of the parties, using first-class mail.




Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.







s 12027. Right to Subpoena.
(a) Subpoena. Upon request of either party to the controversy, the Labor Commissioner may issue a subpoena for the attendance of witnesses before the Labor Commissioner at the time and place of the hearing of the controversy. Said subpoena shall be served in the manner provided for serving subpoenas in civil actions.
(b) Subpoena Duces Tecum. Upon request of either party to the controversy, accompanied by a declaration showing good cause for the production thereof and showing the relevance thereof, and upon the determination of the Labor Commissioner, he or she may issue a subpoena duces tecum requiring the production of books, documents or other things under the control of the party subpoenaed, which the party is bound to produce at the time and place of the hearing. Said subpoena duces tecum shall be served in the manner provided for serving subpoenas in civil actions.




Note: Authority cited: Section 1700.29, Labor Code. Reference: Sections 92 and 1700.44, Labor Code.







s 12028. Depositions.
On application of a party to the controversy, the Labor Commissioner may order the deposition of a witness to be taken for use as evidence, and not for discovery, if the witness cannot be compelled to attend the hearing or if such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally at the hearing, to allow the deposition to be taken . The deposition shall be taken in the manner prescribed by law for the taking of depositions in civil actions.




Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.







s 12029. Proceedings to Be Had Under Oath.
All testimony adduced at the hearing of the controversy shall be under oath.




Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.







s 12030. Proceedings May Be Reported.
Any proceedings held before the Labor Commissioner may be reported. The person desiring the reporting shall bear the expense thereof, and if the testimony is transcribed, a copy of this transcript shall be furnished without cost to the Labor Commissioner.




Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.







s 12031. Conduct of Hearing.
The hearing may be reported or phonographically recorded. The parties to the controversy are entitled to be heard, to present evidence and to cross-examine witnesses appearing at the hearing, but the Labor Commissioner is not bound by the rules of evidence or judicial procedure.




Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.







s 12032. Decision of Labor Commissioner.
The decision of the Labor Commissioner shall be in writing and shall be served upon the parties to the controversy by first-class mail. Either party to the controversy, at the commencement of the hearing, may request that findings of fact be made by the Labor Commissioner, but the making of such findings of fact shall be discretionary with the Labor Commissioner.




Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.







s 12033. Custody of Papers Filed with the Labor Commissioner.
All papers on file in the office of the Labor Commissioner shall remain in his or her custody, and no paper on file therein shall be taken from the Labor Commissioner's office, unless the same is subpoenaed in an action pending before a court of competent jurisdiction; except that documents introduced by the parties into evidence may be withdrawn upon stipulation of the parties or by their respective representatives.




Note: Authority cited: Section 1700.29, Labor Code. Reference: Section 1700.44, Labor Code.
















1. Repealer of Sections 13001 through 13008 filed 2-18-70; effective thirtieth


day thereafter (Register 70, No. 8).





s 13200. Registration of Unloaders.
Unloaders of farm produce who unload in markets in which five or more dealers operate shall register in person at the nearest office of the Labor Commissioner. Unloaders shall present the following at time of registration:
(a) Social Security Card
(b) Union Card, if a member




Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56891, Food and Agricultural Code.







s 13201. Contents of Registration.
Registration shall show:
(a) Name and address of registrant.
(b) Social Security number.
(c) Union affiliation, if any.
(d) Age.
(e) Height.
(f) Weight.
(g) Color hair.
(h) Color eyes.




Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56891, Food and Agricultural Code.







s 13202. Period of Registration.
Registration shall be valid for a period of 12 months.




Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56891, Food and Agricultural Code.







s 13203. Change of Address.
Registrants shall report any change of address in person to the nearest office of the Labor Commissioner within 10 days of such change.




Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56891, Food and Agricultural Code.







s 13220. Registration of Producers.
Producers who transport and unload their own farm products, in markets in which five or more dealers operate, shall register in person at the nearest office of the Labor Commissioner.




Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56891, Food and Agricultural Code.







s 13221. Contents of Registration.
Registration shall show:
(a) Name and address of producer.
(b) Age.
(c) Height.
(d) Weight.
(e) Color hair.
(f) Color eyes.
(g) Vehicle or vehicles used by producer to transport his (her) produce to market.




Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56892, Food and Agricultural Code.







s 13222. Period of Registration.
Registration shall be valid for a period of 12 months.




Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56892, Food and Agricultural Code.







s 13223. Change of Address.
Registrant shall report any change of address in person to the nearest office of the Labor Commissioner within 10 days of such change.




Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56892, Food and Agricultural Code.







s 13224. Change of Vehicle or License Number.








s 13230. Registration of Producer's Unloaders.
Any registered producer who desires to use the services of his (her) father, mother, son(s), daughter(s) or regular employee(s) in unloading his (her) produce shall register the following information with respect to each such person:
(a) Name
(b) Relationship to producer -i.e., father, mother, son, daughter or regular employee.
(c) If an employee, capacity in which employed.




Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56892, Food and Agricultural Code.







s 13231. Registration in Person.
Each person so registered by a producer shall complete his (her) registration in person.
NOTE: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56892, Food and Agricultural Code.








s 13232. Contents of Registration.
Registration shall show:
(a) Name and address.
(b) Age.
(c) Height.
(d) Weight.
(e) Color hair.
(f) Color eyes.
(g) Relationship to producer -i.e., father, mother, son, daughter, or regular employee.
(h) If an employee:
(1) Capacity in which employed; and
(2) Date employment commenced.



Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56892, Food and Agricultural Code.







s 13233. Period of Registration.
Registration shall be valid for a period of 12 months.




Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56892, Food and Agricultural Code.







s 13234. Registration Void, When.
Registration of any employee shall become void upon termination of his (her) employment with the producer to whom he (she) is registered, and shall be surrendered to the Labor Commissioner.




Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56892, Food and Agricultural Code.







s 13235. Change of Address.
Registrant shall report any change of address in person to the nearest office of the Labor Commissioner within 10 days of such change.




Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56892, Food and Agricultural Code.







s 13236. Change of Vehicle or License Number.
Registrant shall report any change of vehicle or vehicle license number to the nearest office of the Labor Commissioner within 10 days of such change.




Note: Authority cited: section 56832, Food and Agricultural Code. Reference: Section 56892, Food and Agricultural Code.







s 13260. Commissioner.
Whenever used herein, "Commissioner" shall be defined as stated in California Food and Agricultural Code section 57004.




Note: Authority cited: Section 57016, Food and Agricultural Code. Reference: Section 57004, Food and Agricultural Code.







s 13261. Drivers Unloading.
Drivers of a vehicle transporting produce to a particular market subject to these regulations, and co-drivers of the same vehicle accompanying such driver, where the distance of transport to market involves out-of-state travel, or travel involving such distance as would ordinarily require two drivers, shall not be prohibited from unloading said trucks and shall be exempt from the registration provisions of these regulations; and such drivers shall not be subject to charge or fee for unloading their truck nor shall such drivers be required to employ any person for unloading said vehicle.




Note: Authority cited: Section 57016, Food and Agricultural Code. Reference: Section 57018, Food and Agricultural Code.







s 13262. Limitation of Registrations.
Upon application, the Commissioner shall issue registrations up to the time at which the produce dealers of a particular market subject to these regulations shall certify in writing that no further unloaders are needed, at which time, the Commissioner may after investigation (which shall include consultation with interested labor and employer organizations) cease to issue further registrations, all in the interest of the orderly marketing of farm products, and such a cessation of issuance shall continue until such time as the particular market, subject to these regulations, certifies in writing, or until truckers or unloaders file a petition certifying, that there is again need for registered unloaders; and after investigation, the Commissioner determines that there is such a need.




Note: Authority cited: Section 57016, Food and Agricultural Code. Reference: Section 57016, Food and Agricultural Code.







s 13263. Receipt Required.
(a) The produce dealer shall have on hand at his place of business a responsible person to distribute a form receipt to drivers for each drop and to execute a receipt for any farm product which is unloaded at his place of business during posted receiving hours.
(b) A registered unloader who is paid an unloading fee is required to sign A form receipt which shall include at least the following information:
(1) name of the market;
(2) date;
(3) name of the hauler;
(4) quantity, unit price and amount of charges for each type of farm product unload;
(5) number of pallets, unit price and amount of charges for pallets unloaded;
(6) miscellaneous charges;
(7) total charges for load;

(8) the following acknowledgement, "undersigned registered unloader acknowledges receipt of above charges"; and
(9) badge number and signature of registered unloader.




Note: Authority cited: Section 57016, Food and Agricultural Code. Reference: Section 57033, Food and Agricultural Code







s 13264. Dealers' Association.
Produce dealers who operate in a market may organize an association to facilitate the carrying out of responsibilities under these regulations.




Note: Authority cited: Section 57016, Food and Agricultural Code. Reference: Section 57041, Food and Agricultural Code.







s 13265. Registration, Revocation or Denial.
The Commissioner may deny or revoke a registration issued to any unloader on the following grounds for the following time periods:
(a) conviction of any criminal offense or adverse judgment for activity involving the market shall be grounds for revocation or denial for a period of three (3) years;
(b) conviction of any felony shall be grounds for revocation or denial for a period of two (2) years;
(c) Failure of a registered unloader to report such conviction or adverse judgments shall be grounds for an additional denial or revocation period of two (2) years.




Note: Authority cited: section 57016, Food and Agricultural Code. Reference: Section 57041, Food and Agricultural Code.







s 13266. Inspection.
All books and records of produce dealers shall be open for investigation and audit by duly authorized agents and representatives of the Department of Industrial Relations and the Division of Labor Standards Enforcement during normal business hours.




Note: Authority cited: Section 57016, Food and Agricultural Code. Reference: Section 57035, Food and Agricultural Code.







s 13267. Fee.
The fee is set by the Director of the Department of Industrial Relations pursuant to Section 57042 of the Food and Agricultural Code at $400; and the fee is payable by produce dealers and shall be for the exclusive use in administering the provisions of Chapter 8.5 of Division 20 of the Food and Agricultural Code.
(a) Fees shall be due and payable on or before January 1 of each year, to the Fiscal Officer, Division of Labor Standards Enforcement, P.O. Box 420603, San Francisco, California 94142-0603.
(b) Checks should be made payable as follows: PRODUCE UNLOADING FUND.




Note: Authority cited: Section 57016, Food and Agricultural Code. Reference: Section 57042, Food and Agricultural Code.







s 13268. Dealers' Provision.








s 13269. Timely Unloading.








s 13270. Receipt Required.








s 13271. Dealers' Association.








s 13272. Off-Hours Receiving.








s 13273. Director's Review.








s 13274. Scale of Charges.








s 13275. Complaint Investigation.








s 13276. Registration, Revocation or Denial.








s 13277. Revocation Due Process.








s 13278. Inspection.








s 13279. Violation Is Misdemeanor.








s 13280. Fee.








s 13300. Amount of Bond to Be Deposited with Labor Commissioner.
The bond to be deposited with the Labor Commissioner pursuant to the provisions of Labor Code Section 270.5(a)(2) shall be in an amount equal to the highest contemplated payroll of the employer for any period for which a single payment of wages is made, or for four calendar weeks, whichever is the longer.




Note: Authority cited: Sections 55 and 95, Labor Code. Reference: Section 270.5, Labor Code.







s 13301. Application for Determination of Amount.
Every employer seeking determination of the amount of the bond required by Labor Code Section 270.5(a)(2) shall file a written application with the Labor Commissioner under oath upon a form prescribed by the Labor Commissioner, setting forth his (her) contemplated payroll as specified in Section 13300.




Note: Authority cited: Sections 55 and 95, Labor Code. Reference: Section 270.5, Labor Code.







s 13302. Period for Which Determination Effective.
Any determination of the amount of the bond made by the Labor Commissioner shall remain effective only so long as no payroll of the employer exceeds the amount of the highest contemplated payroll reported in the application made pursuant to Section 13301, and when any payroll exceeds such amount, the determination shall become void two weeks thereafter unless a new application is made by the employer during said period. This section shall not operate to affect the validity of or liability under any bond then outstanding.




Note: Authority cited: Sections 55 and 95, Labor Code. Reference: Section 270.5, Labor Code.







s 13500. Definition of "DIVISION."
As used herein, the term "DIVISION" hall mean the DIVISION OF LABOR STANDARDS ENFORCEMENT of the Department of Industrial Relations of the State of California, formerly called DIVISION OF LABOR LAW ENFORCEMENT.




Note: Authority cited: Section 98.8, Labor Code. Reference: Section 82, Labor Code.







s 13501. Filing of Complaint.
An employee complaint or claim for wages, penalties or other demand for compensation properly before the DIVISION or the Labor Commissioner, including Orders of the Industrial Welfare Commission, under Labor Code Section 98(a) shall be initiated by the filing of a complaint on the form prescribed herein in any District Office of the DIVISION. If the District Office is not the proper office serving the county in which compensation claimed was earned or in which any of the acts complained of was performed, the complaint hall be referred to the proper office of the DIVISION serving said county, for investigation and hearing.




Note: Authority cited: Section 98.8, Labor Code. Reference: Section 98, Labor Code.







s 13501.5. Form of Complaint.
The complaint contemplated by Labor Code Section 98 and filed with the DIVISION shall be in writing and substantially in the following form:





Note: Authority cited: Section 98.8, Labor Code. Reference: Section 98, Labor Code.







s 13501.6. Form of Complaint on Claim from Holder of Dishonored Payroll Check or Draft.
A complaint on a claim from a holder of a dishonored payroll check or draft, contemplated by Labor Code Section 98 and filed with the DIVISION shall be in writing and substantially in the following form:





Note: Authority cited: Section 98.8, Labor Code. Reference: Section 98, Labor Code.







s 13501.7. Form of Answer.
The answer which may be filed by the defendant or defendants pursuant to Labor Code Section 98(c) shall be in writing and substantially in the following form:





Note: Authority cited: Section 98.8, Labor Code. Reference: Section 98, Labor Code.







s 13502. Conduct of Hearings.
Hearings by the Labor Commissioner under Sections 98 et seq., of the Labor Code shall be presided over by a Deputy Labor Commissioner. The hearing shall be reported or phonographically recorded. Either party may request a copy of the transcript or recording, and shall bear all costs incidental to the preparation of same. If the record of the hearing is transcribed by any party, a copy thereof shall be provided to the Labor Commissioner free of any charge or cost within five (5) days of such transcription. Proceedings need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions.




Note: Authority cited: Section 98.8, Labor Code. Reference: Section 98, Labor Code.







s 13505. Taking of Evidence.
Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him (her) to testify; and to rebut the evidence against him (her).




Note: Authority cited: Section 98.8, Labor Code. Reference: Section 98, Labor Code.







s 13506. Deputy Labor Commissioner's Authority.
In presiding over a hearing conducted hereunder, the Deputy Labor Commissioner shall control the order of presentation of evidence at the hearing, and direct and rule on matters concerning the conduct of the hearing and of the parties appearing. Prior to a hearing, upon the application of any party to the proceedings, the Deputy Labor Commissioner may issue subpoenas to compel the attendance of necessary witnesses and the production of books and documents. In the exercise of his (her) sound discretion, the Deputy Labor Commissioner may limit the number of witnesses subpoenaed either for the purpose of corroboration or establishing a single material fact in issue, or where the party requesting the subpoena has not furnished satisfactory evidence that the witness will be able to give necessary and competent testimony, material to the issues, at the hearing.




Note: Authority cited: Section 98.8, Labor Code. Reference: Section 98, Labor Code.







s 13507. Right to Counsel.
Any party to a proceedings conducted hereunder may, but need not, be represented by counsel.




Note: Authority cited: Section 98.8, Labor Code. Reference: Section 98, Labor Code.







s 13508. Continuances.
Continuance of hearing ordinarily will not be granted. The Deputy Labor Commissioner, in the exercise of his (her) sound discretion, may grant a continuance of hearing upon a showing of extraordinary circumstances and good cause for continuance by the party requesting same.




Note: Authority cited: Section 98.8, Labor Code. Reference: Section 98, Labor Code.







s 13510. Order, Decision or Award.








s 13520. Definition of "Willful."
A willful failure to pay wages within the meaning of Labor Code Section 203 occurs when an employer intentionally fails to pay wages to an employee when those wages are due. However, a good faith dispute that any wages are due will preclude imposition of waiting time penalties under Section 203.
(a) Good Faith Dispute. A "good faith dispute" that any wages are due occurs when an employer presents a defense, based in law or fact which, if successful, would preclude any recover on the part of the employee. The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist. Defenses presented which, under all the circumstances, are unsupported by any evidence, are unreasonable, or are presented in bad faith, will preclude a finding of a "good faith dispute."




Note: Authority cited: Sections 55 and 98.8, Labor Code. Reference: Section 203, Labor Code.







s 13600. Definitions.
Employee means anyone engaged, suffered, or permitted to do industrial homework. It shall be the presumption that persons working in their homes for remuneration on articles to be delivered to another person not for his (her) personal or his (her) family's use are employees and not independent contractors.




Note: Authority cited: Section 2666, Labor Code. Reference: Section 2650, Labor Code.







s 13601. Records.
(a) Industrial homeworkers shall keep an accurate count of the hours they work daily, and shall record said hours required in the handbook furnished by the Division of Labor Standards Enforcement. The homeworker shall submit regularly to the employer all information regarding hours worked which are required for his (her) records.
(b) The record keeping required of an employer of industrial homeworkers shall include an accurate recording of the hours worked during the pay roll period as reported by each industrial homeworker, and these hours shall be posted to the same record as wages. Industrial homeworkers shall be designated as such on the pay roll records.




Note: Authority cited: Section 2666, Labor Code. Reference: Section 2665, Labor Code.







s 13602. Preliminary Information Required by Employer.
Prior to obtaining an industrial homework license, the employer shall submit an application in accordance with Labor Code Section 2665, to the Division of Labor Standards Enforcement on a form supplied by the Division of Labor Standards Enforcement (see Exhibit A).
(b) Within 30 calendar days of receipt of an application for a license to employ industrial homeworkers the Division of Labor Standards Enforcement shall inform the applicant in writing that it is either complete and accepted for filing or that it is deficient and what specific information or documentation is required to complete the application.
(c) Within 60 calendar days from the date of filing of a completed application, the Division of Labor Standards Enforcement shall inform the applicant in writing of its decision regarding the application.




Note: Authority cited: Section 2666, Labor Code. Reference: Section 2665, Labor Code.







s 13603. Inspections.
(a) Every employer possessing an industrial homework license shall allow any duly authorized representative of the Division of Labor Standards Enforcement free access to his (her) place of business for the purpose of making inspections of, or excerpts from, all books, reports, contracts, pay rolls, documents or papers relating to the employment of homeworkers; or for the purpose of inspecting any articles sent out for industrial homework or samples thereof; or in order to make time studies of work performed in a factory to determine whether the piece rates paid for industrial homework are sufficient to yield the legal minimum wage.
(b) Industrial homeworkers shall permit entry into their homes by duly authorized representatives of the Division of Labor Standards Enforcement possessing a search warrant as defined in Labor Code Section 2656, for the purpose of making investigations as to the homeworker's compliance with Sections 2651 and 2661 of the State Labor Code; to inspect articles on which industrial homework is being performed; to check homeworker's observance of record keeping requirements; or to make on the homeworker's premises, or elsewhere, such time studies of work performance as may be required to determine compliance with legal wage requirements.




Note: Authority cited: Section 2666, Labor Code. Reference: Sections 2651, 2652, 2656, 2661 and 2666, Labor Code.







s 13604. Revocations of Licenses or Permits.
If, after investigation the Division of Labor Standards Enforcement, believes that an employer possessing an industrial homework license, or an industrial homeworker possessing an industrial homework permit has failed to comply with provisions of the Industrial Homework Act or its rules and regulations, a hearing may be held by the Division of Labor Standards Enforcement to determine whether there has been a violation. Before denying, suspending or revoking any license or permit, the Labor Commissioner shall afford the applicant or holder an opportunity to request a hearing in accordance with Chapter 5 Part I of Division 3 of Title 2 of the Government Code Sections 11500 et. seq. Any such hearing on appeal of a denial of a license or permit or on the proposed suspension or revocation of such license or permit, shall be conducted in accordance with Chapter 5 of Part I of Division 3 of Title 2 of the Government Code (Section 11500 et seq.) and the Labor Commissioner shall have all the powers granted therein. Written notices of such hearing will be sent to the employer or industrial homeworker in question and the license or permit may be revoked upon a finding that there has been such violation.




Note: Authority cited: Section 2666, Labor Code. Reference: Sections 2652, 2653, Labor Code.







s 13605. Homework Certificates.








s 13606. Revocation of Permits or Certificates.



















(Prohibitory Order No. 1 in the Garment Manufacturing Industry)






s 13620. Prohibiting Industrial Homework in the Garment Manufacturing Industry.
Industrial homework and the distribution of articles for industrial homework by any employer in the garment manufacturing industry is prohibited.




Note: Authority cited: Section 2654, Labor Code. Issuing agency: Industrial Welfare Commission.






s 13621. Definitions.
The garment manufacturing industry is defined as follows: All persons engaged in the business of manufacturing garments for wear upon the human body.
For the purpose of this order the term garment manufacturing means and includes every process, either hand or machine, involved in the manufacture of any or all garments for wear upon the human body, whether such process be applied to fabric, textile, fur, leather, or leather substitute, or other material of a similar nature, and also means to prepare, alter, repair, or finish in whole or in part.
Hand knitting is hereby specifically excepted from the operation of this order.
"Employer" means any person who, directly or indirectly or through an employee, agent, independent contractor, or any other person, delivers to another person any materials or articles to be manufactured in a home and thereafter to be returned to him, not for the personal use of himself or of a member of his family.
"Industrial homework" means any manufacture in a home of materials or articles for an employer.
"Industrial homeworker" means any person who does industrial homework.
All outstanding permits to employers and all outstanding certificates to industrial homeworkers in the garment manufacturing industry, as defined above, shall be null and void after September 1, 1941, and no permits shall hereafter be issued to employers for the distribution of articles for industrial homework and no certificates shall hereafter be issued to homeworkers on such articles, except in accordance with the provisions of Sections 11022 and 11023.








s 13622. Special Authorization for Aged and Disabled Homeworkers.
(a) Terms of Issuance. If not inconsistent with the purposes of Part 10, Labor Code, employers and homeworkers in the garment manufacturing industry may be granted special homework permits and certificates on condition that the Chief of the Division of Industrial Welfare, after investigation, finds:
(1) That the industrial homeworker was working for an employer as an industrial homeworker in the garment manufacturing industry on or prior to September 1, 1941, and is:
(A) Unable to adjust to factory work because of advanced age; or
(B) Physically or mentally disabled or suffering from an injury and an examination by a physician, designated by the Chief of the Division of Industrial Welfare, reveals that such disability would prevent the worker from adjusting to factory employment; or
(C) Unable to leave home because such worker's services are essential to care for an invalid in the home.
(2) That the industrial homeworker is covered by workmen's compensation insurance;
(3) That the employer maintains a factory in which one or more employees are employed on operations which are similar to the homework operations.








s 13623. Conditions of Employment.
(a) Work for One Employer Only. An industrial homeworker shall be permitted to work for one employer only.
(b) Factory Work Prohibited to Homeworker. The industrial homeworker shall not be employed as a factory worker while he or she holds a homework certificate.
(c) Work Distributed Directly to the Homeworker. The employer shall distribute and collect all materials and articles free of charge to the homeworker.
(d) Labels. The employer shall conspicuously affix to each article or material or, if this is impossible, to the package or other container in which such goods are delivered or are to be kept, a label or other mark of identification bearing the employer's name and address, printed or written legibly in English.
(e) Limitation of Work. The maximum amount of work which may be given to any industrial homeworker in any week shall not exceed the average weekly amount produced by workers working legal hours on similar operations in the shop.
(f) Rates Paid to Homeworkers. On any operation, a female or minor homeworker shall be paid a piece-rate sufficient to yield to workers on similar operations in the factory the legally established minimum wage established by the Industrial Welfare Commission.
(g) Employer's Record:

(1) The employer shall keep a record of the name and address of the industrial homeworker, of all articles or materials which such homeworker has manufactured, the date on which articles or materials are issued to the homeworker, a list of articles or materials given out, the kind of work performed on such articles or materials, and the operations to be performed, the piece rates per dozen or per unit paid to the homeworker, the date and amount of finished articles or materials returned, the wages paid for each lot of articles or materials returned, and the total weekly payment made to the homeworker.
Each employer shall, on demand, submit to the Chief of the Division of Industrial Welfare or to her representative a sworn copy of such records, together with such information as the Chief of the Division of Industrial Welfare may in her discretion deem necessary.
(2) Any person who does not deliver articles or materials directly to an industrial homeworker shall keep the name and address of each agent, distributor, or contractor through whom industrial homework is distributed and of all persons from whom he has received materials or articles to be so manufactured.
(h) Homeworker's Record. The homeworker shall keep a record on a form issued by the Division of Industrial Welfare on which the homeworker shall enter the date on which articles or materials are received by the homeworker; a list of all articles or materials received; the kind of work performed on such articles or materials; the piece rates paid per dozen or per unit; the date and amount of finished articles or materials returned; an accurate record of the number of hours worked per day and the total hours worked per week; the total amount received for the work performed during each week; and the date payment was received. All of the above required information shall be certified to by the homeworker. Such records shall be the property of the Division of Industrial Welfare and shall be returned to the division not later than the 10th of the month succeeding the month in which the work was performed; or at any time upon demand by the division.
(i) Revocation of Certificates and Permits. Industrial homework certificates and permits may be revoked or suspended at any time after the holder has been given reasonable notice and an opportunity to be heard, if, upon investigation, the Chief of the Division of Industrial Welfare finds that the industrial homeworker is performing industrial homework contrary to the above conditions or has permitted any person not holding a valid homeworker's certificate to assist him or her in performing industrial homework, or that the employer has not complied with the above regulations or any applicable provision of the Labor Code or the orders or regulations of the Industrial Welfare Division.








s 13624. Effect of Invalid Sections.
Every section or part of this order is declared to be separate and independent of every other section or part and if any section or part of this order is declared invalid, said construction shall not invalidate any of the remaining sections or parts of said order, but the same shall remain in full force and effect as if the invalid portion had never been enacted.
(This is Prohibitory Order No. 1 in the Garment Manufacturing Industry. Effective September 1, 1941.)







s 13630. Registration of Manufacturers and Contractors.
All persons, within the meaning of Labor Code Section 2671(a), engaged in "garment manufacturing," as defined in Labor Code Section 2671(b), must register with the Labor Commissioner as either a "contractor"(defined at Labor Code Section 2671(d)), or a "manufacturer," according to that person's bona fide business practices. A person's designation on a registration as a "contractor" or "manufacturer" shall not preclude the introduction of evidence in any proceeding before the Labor Commissioner on the actual business practices of such person.




Note: Authority cited: Sections 2671(b) and 2672, Labor Code. Reference: Sections 2671 and 2675, Labor Code.







s 13631. Recordkeeping.
Every employer engaged in the business of garment manufacturing shall keep accurate records as required by Labor Code Sections 226 and 2673, any applicable order of the Industrial Welfare Commission, and section 13659 of this subchapter. These records shall be maintained for a period of no less than four years, unless otherwise specified, at the place of employment or at a central location within the State of California, and shall be made available to the Labor Commissioner, or his or her agents, upon request for inspection and/or copying. Failure to provide these records to the Labor Commissioner within ten days of the date of request, or providing records that have been falsified, shall constitute grounds for revocation of registration or denial of an application for registration.




Note: Authority cited: Section 2672, Labor Code. Reference: Sections 226, 1185, 2672, 2673 and 2675, Labor Code.







s 13632. Advisory Committee.
The Labor Commissioner shall appoint a 15 member advisory committee on issues related to employment and the enforcement of wage and hour laws in the garment industry, which shall meet, at least semi-annually, alternately in Los Angeles and San Francisco. Members shall serve without compensation or reimbursement for expenses. At each meeting the Committee may authorize distribution of a publication to be prepared by the Division of Labor Standards Enforcement, focusing on industry practices and patterns of violations.




Note: Authority cited: Section 2672, Labor Code. Reference: Section 2674.1, Labor Code.







s 13633. Registration of Employee Leasing Companies and Temporary Agencies.
(a) Every employee leasing company or temporary agency that leases or otherwise provides garment manufacturers or contractors with the services of employees engaged in sewing, cutting, making, processing, repairing, finishing, assembling, or otherwise preparing any garment or article of wearing apparel or accessories designed or intended to be worn by any individual is itself engaged in garment manufacturing, and must register with and obtain a valid registration certificate from the Labor Commissioner as a contractor.
(b) Every employee leasing company or temporary agency shall provide the Labor Commissioner with written notice whenever it enters into, or terminates, an arrangement to lease or otherwise provide employees engaged in any of the above enumerated garment manufacturing operations to a garment manufacturer or contractor. This notice shall include the name and address of the garment manufacturer or contractor that was or will be a party to the arrangement, the dates from beginning to end that employees were or will be leased or otherwise provided under the arrangement, the address(es) where the employees performed or will perform the garment manufacturing operations, and the number of employees that have been or will be leased or otherwise provided to the garment manufacturer or contractor under the arrangement. This notice shall be mailed to: Division of Labor Standards Enforcement, Licensing & Registration Unit, PO Box 420603, San Francisco, CA 94142. Failure to provide this notice within ten days of the date of entering into or terminating the arrangement will constitute grounds for revocation of registration or denial of an application for registration.




Note: Authority cited: Sections 2671(b) and 2672, Labor Code. Reference: Sections 2671 and 2675, Labor Code.







s 13634. Requirements for Registration.
(a) Applicants for registration shall complete the application form provided by the Labor Commissioner entitled, "Application for Registration Garment Manufacturing Industry" [DLSE 810 (REV. 03/02)], which is hereby incorporated by reference. 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 he or she is aware of the wage guarantee provision of Labor Code Section 2673.1, under which every garment manufacturer guarantees payment of his or her proportionate share of any unpaid minimum wages and overtime wages owing to any employees of the contractors with whom the manufacturer contracts, for work performed by the contractor's employees on behalf of the manufacturer.
(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. (continued)