California Labor Code

§ 1698.9

LAB § 1698.9 Effective Jan 1, 2014Div. 2 · Part 6 · Ch. 3

Statute text

A farm labor contractor successor to any predecessor farm labor contractor that owed wages or penalties to a former employee of the predecessor, whether the predecessor was a licensee under this chapter or not, is liable for those wages and penalties, if the successor farm labor contractor meets one or more of the following criteria:

(a)Uses substantially the same facilities or workforce to offer substantially the same services as the predecessor farm labor contractor. A farm labor contractor that has operated with a valid license for at least the preceding three years shall have an affirmative defense to liability under this subdivision for using substantially the same workforce, if all of the following apply:

(1)The individuals in the workforce were not referred or supplied for employment by the predecessor farm labor contractor to the licensed farm labor contractor asserting this defense.

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Legislative history

Added by Stats. 2013, Ch. 715, Sec. 1. (SB 168) Effective January 1, 2014.