Section 1161 Of Chapter 6. Prevention Of Unfair Labor Practices And Judicial Review And Enforcement From California Labor Code >> Division 2. >> Part 3.5. >> Chapter 6.
1161
. (a) The Agricultural Employee Relief Fund is hereby created
as a special fund in the State Treasury and is continuously
appropriated to the Agricultural Labor Relations Board for the
purposes specified in subdivision (c). The board shall act as a
trustee of all moneys deposited in the fund.
(b) Any monetary relief ordered by the board pursuant to this part
to be paid by an employer to an employee shall be collected by the
board on behalf of the employee. All monetary relief so collected by
the board shall be remitted to the employee for whom the board
collected the money.
(c) (1) Notwithstanding Section 1519 of the Code of Civil
Procedure, if the board has made a diligent effort to locate an
employee on whose behalf the board has collected monetary relief
pursuant to this part, and is unable to locate the employee or the
lawful representative of the employee for a period of two years after
the date the board collected the monetary relief, the board shall
deposit those moneys in the fund.
(2) Moneys in the fund shall be used by the board to pay employees
the unpaid balance of any monetary relief ordered by the board to be
paid by an employer to an employee. Prior to making any payment from
the fund, the board first shall make a finding that, in an
individual case, the collection of the full amount of the monetary
relief ordered is not possible after reasonable efforts have been
made to collect the balance from the employer.
(d) As used in this section, "fund" means the Agricultural
Employee Relief Fund.
(e) On or before July 1, 2002, the board shall report to the
Legislature on the status of the fund.