Section 1743 Of Article 1. Scope And Operation From California Labor Code >> Division 2. >> Part 7. >> Chapter 1. >> Article 1.
1743
. (a) The contractor and subcontractor shall be jointly and
severally liable for all amounts due pursuant to a final order under
this chapter or a judgment thereon. The Labor Commissioner shall
first exhaust all reasonable remedies to collect the amount due from
the subcontractor before pursuing the claim against the contractor.
(b) From the amount collected, the wage claim shall be satisfied
prior to the amount being applied to penalties. If insufficient money
is recovered to pay each worker in full, the money shall be prorated
among all workers.
(c) Wages for workers who cannot be located shall be placed in the
Industrial Relations Unpaid Wage Fund and held in trust for the
workers pursuant to Section 96.7. Penalties shall be paid into the
General Fund.
(d) A final order under this chapter or a judgment thereon shall
be binding, with respect to the amount found to be due, on a bonding
company issuing a bond that secures the payment of wages and a surety
on a bond. The limitations period of any action on a payment bond
shall be tolled pending a final order that is no longer subject to
judicial review.