This information is provided free of charge by the Department of Industrial Relations
from its web site at www.dir.ca.gov. These regulations are for the
convenience of the user and no representation or warranty is made that the information
is current or accurate. See full disclaimer at https://www.dir.ca.gov/od_pub/disclaimer.html.
Chapter 6. Division of Labor Standards Enforcement
Subchapter 14. Foreign Labor Contractor Registration
Article 5. Prohibited Fees & Costs; Post-Hire Costs and Expenses; Disclosures to Foreign Worker by Contractor (Refs & Annos)
(a) “Recruitment fee” means any fee, charge, cost, expense, assessment or other financial obligation, regardless of the manner or timing of their imposition, requested or demanded upon a foreign worker which relates to any foreign labor contracting activity, as defined in B&P Code section 9998.1(b), including “soliciting” or “recruiting” activities, as defined in Section 13850 of this subchapter. Any fee, charge, cost, assessment or other financial obligation is a fee regardless of whether it is deducted from wages, a wage or benefit concession, kickback, bribe, or tribute, remitted in connection with recruitment which is subsequently collected by an employer or third party, including but not limited to agents, recruiters, staffing firms (private employment or placement businesses), subsidiaries or affiliates of the employer and any agent or employee of the employer.
(1) Recruitment fees include, but are not limited to payments or indebtedness in any form for the following:
(A) Applications, including making recommendations, reserving, committing, considering, interviewing, referring, placing, retaining, transferring, selecting;
(B) Pre-departure or post-arrival skills testing, training, or orientation, including, but not limited to, testing of competency or skill level in foreign languages, strength, or machinery use;
(C) Advertising;
(D) Certifying labor applications;
(E) Processing petitions;
(F) Visa and visa processing fees, including fees for appointments, applications, exit clearances or certificates;
(G) Work permits, residence certificates, and security clearances, including renewals;
(H) Border crossing and other sending, transit, or receiving country government-mandated fees, levies, and insurance;
(I) Procuring photographs and identity documentation, including any nongovernmental passport fees;
(J) Notarization, translation, and any other documentation services;
(K) Medical examinations and immunizations required to apply for job opportunity;
(L) Medical examinations or vaccinations in sending country
(M) Background, reference and security clearance checks and examinations;
(N) Gratuities, bribes, and tributes;
(O) Security deposits and bonds;
(P) Employer's agent or third party fees for recruiter, labor broker, attorneys, notaries and other legal fees;
(Q) Contributions to worker benefits programs provided by sending country government;
(R) Transportation and subsistence costs while in transit from the sending to receiving country, including, but not limited to, airfare or costs of other international transportation, terminal fees, travel taxes and return journey;
(S) Transportation and subsistence costs from airport or disembarkation point to worksite;
(T) Collateral requirements, such as land deeds;
(U) Fees to secure future employment opportunities.
(2) Amounts which are added to, or padded upon, expenses authorized under the applicable federal visa program pursuant to federal rules and regulations which are beyond actual amounts for a specifically authorized expense may constitute a recruitment fee if it is for collection for items specified in, or subject to, this section.
Note: Authority cited: Section 9998.11, Business and Professions Code; Reference: Sections 9998.1, 9998.2.5, 9998.8 and 9998.11, Business and Professions Code.
HISTORY
1. New article 5 (sections 13870-13874) and section filed 10-8-2018; operative 1-1-2019 (Register 2018, No. 41).