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) At the time of recruitment, a contractor shall disclose to each worker in writing on a form (DLSE 703) the information specified in subsection (b). Within 7 days of disclosure to the worker, the labor contractor shall transmit to the Labor Commissioner, by email at foreignlaborcon@dir.ca.gov or by mail to: California Labor Commissioner, Licensing & Registration Unit-FnLC, 1515 Clay Street, Suite 401, Oakland, CA 94612, the full disclosure form executed by the contractor along with a separate list of workers who received the same work contract. A separate disclosure is required for different work contracts.
(b) The disclosure to be provided to a worker when conducting a recruiting activity shall include:
(1) Name of the prospective worker who is provided the form.
(2) Employer information pertaining to the prospective employment opportunity for which the labor contractor is recruiting.
(A) Employer's full name and any fictitious (doing business as) names used by the employer.
(B) Employer's business address (physical address and phone number).
(3) Foreign labor contractor information pertaining to each person (each contractor and, if any, each subcontractor or agent) who is performing solicitation and/or recruitment activities.
(A) Labor Contractor's full name and any fictitious (doing business as) names used by the labor contractor.
(B) Labor Contractor's phone number.
(C) Registration number issued by the Labor Commissioner along with a statement that only recruiters who are registered by the Labor Commissioner may recruit workers for employment in California.
(4) Type of federal visa, length of time for visa, indicate who will be responsible for renewing visa, and a statement that any other expenses associated with renewing the visa shall be paid by the employer.
(5) Training. A statement that the person shall not be charged for training relating to the prospective employment and indicate whether or not training is a condition of employment and whether it will be provided, the time period of training, and the rate of pay during training.
(6) Attach to the disclosure a copy of an employer signed work contract detailing all assurances and terms and conditions of employment. The work contract shall contain the following required information and the contractor shall indicate on the form whether the item is included in the contract. If a particular category of information does not apply, it must be so stated in the contract. A job order signed by the employer and submitted to the U.S. Department of Labor for purposes of obtaining foreign labor certification which contains all of the information in this subsection may be used to satisfy this requirement if it contains the same information as the actual work contract with the foreign worker.
(A) Salary or wage rate, including any production standards
(B) Itemized withholdings and deductions
(C) Other compensation (e.g. paid sick leave, paid vacation, health insurance, dental insurance, disability insurance, life insurance)
(D) Place (address) of employment
(E) Accessible by public transportation (yes or no)
(F) Start and end dates of employment
(G) Position or job title
(H) Job duties
(I) Weekly schedule
(J) Any guarantee that employer will offer work for hours equal to at least three-fourths of the workdays in each 12-week period (or 6-week period for employment periods lasting less than 120 days)
(K) Any penalties for terminating employment, to the extent that such penalties do not violate governing state or federal law
(L) Notice that employer will provide workers with all tools, supplies, and equipment necessary to perform the job at no cost to the employee
(7) A statement that no additional requirements may be added or any other changes made to the work contract unless the worker is:
(A) Given 48 hours to review and consider the additional requirements or changes, and
(B) Gives specific consent, voluntarily and without threat of penalty to each additional requirement or change to the work contract.
(8) Prohibited costs, expenses, or fees.
(A) A statement that no costs, expenses or fees may be charged prior to commencing work and the cost of any tools, supplies or equipment necessary to perform the job shall be paid by the employer.
(B) List of prohibited recruitment fees which include items specified in Section 13870.
(9) Itemized allowable post-hire costs, expenses, or fees as specified in Section 13873.
(10) Contains the following statements regarding rights of a prospective or hired foreign worker, enforcement instructions which substantially state the following, and includes as an attachment the Department of Industrial Relations flyer, All Workers in California Have Rights (or a subsequent worker rights flyer with updated information):
• You are protected by both California and federal law (California Business and Professions Code Division 3, Chapter 21.5, the federal Trafficking Victims Protection Act of 2000 (Division A, Public Law 106-386), and federal H-2B regulations at 20 C.F.R. Part 655 and 29 C.F.R. Part 503).
• The foreign labor contractor who recruited you must register and post a surety bond with the state, and must comply with all of the prohibitions and requirements detailed above.
• Your employer may only use registered foreign labor contractors to recruit foreign guest workers, and must notify the California Labor Commissioner that it is employing foreign guest workers.
• Your employer must comply with all applicable state laws, including minimum wage and all of the prohibitions and requirements detailed above. The attached flyer describes your rights as a worker under California law.
• The foreign labor contractor and the employer may not intimidate, threaten, restrain, coerce, fire, demote, or discriminate against you or your family in retaliation for you exercising any of your rights as a foreign guest worker.
• If a foreign labor contractor violates the registration law, the foreign labor contractor may be fined by the state, and you or the state may sue the foreign labor contractor for injunctive relief (to stop the violation) or damages (money).
• If a foreign labor contractor violates the registration law, or your employer does not comply with requirements or prohibitions stated in this disclosure, including workplace laws, you may call toll free number 1-844 LABOR-DIR (or 1-844-522-6734) or contact the nearest office of the California Labor Commissioner (list attached) to report the violation. Spanish-speaking workers may call 1-877-552-9832 (1-877-55AYUDA) for assistance.
• If you feel you are being forced to perform labor against your will, contact the National Human Trafficking Resource Center: Call 1-888-373-7888 -or- Text HELP to 233733.
(11) The labor contractor shall execute a declaration, under penalty of perjury that the information included in the disclosure and attached work contact are true and complete and provided to the prospective or hired worker. Any material misrepresentation is grounds for denial, suspension, or revocation of the labor contractor's registration by the Labor Commissioner.
(c) The disclosure of the information required under (a) and (b) shall be in English and in the primary language of the worker who is being recruited. The contractor or employer is responsible for translating the disclosure form and work contract which is provided to the worker and Labor Commissioner. A worker may not be directly or indirectly charged or otherwise made responsible for translating the disclosure to/from English to/from another language. The Labor Commissioner, in his or her discretion, may request a certification of any translation of the disclosure and work contract from a contractor who shall respond within 10 days of the request. The Labor Commissioner may also provide translation of the disclosure form alone (not including work contract) in languages more commonly used based on actual use in the foreign worker programs and, if so, will make such translated forms available on the Labor Commissioner's website.
Note: Authority cited: Section 9998.11, Business and Professions Code; Reference: Sections 9998.1, 9998.1.5, 9998.2.5, 9998.3, 9998.6, 9998.7 and 9998.11, Business and Professions Code.