Section 1698.9 Of Chapter 3. Farm Labor Contractors From California Labor Code >> Division 2. >> Part 6. >> Chapter 3.
1698.9
. 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.
(2) The licensed farm labor contractor asserting the defense has
not had any interest in, or connection with, the operation,
ownership, management, or control of the business of the predecessor
farm labor contractor within the preceding three years.
(3) The licensed farm labor contractor asserting the defense has
not been determined to have violated any provision of the Labor Code
within the preceding three years.
(b) Shares in the ownership, management, control of the workforce,
or interrelations of business operations with the predecessor farm
labor contractor.
(c) Employs in a managerial capacity any person who directly or
indirectly controlled the wages, hours, or working conditions of the
employees owed wages or penalties by the predecessor farm labor
contractor.
(d) Is an immediate family member of any owner, partner, officer,
licensee, or director of the predecessor farm labor contractor or of
any person who had a financial interest in the predecessor farm labor
contractor. As used in this section, "immediate family member" means
a spouse, parent, sibling, child, uncle, aunt, niece, nephew, or
grandparent.