§13634. Requirements for Registration.

(a) Applicants for registration shall complete the application form provided by the Labor Commissioner entitled, “Application for Registration Garment Manufacturing Industry” [DLSE 810 (REV. 03/02)], which is hereby incorporated by reference. The form includes the following information which the applicant shall certify under penalty of perjury:

(1) Name and business address of applicant, and the address of each location where employees will be engaged in garment manufacturing;

(2) Form of business entity;

(3) Name, social security number, California driver's license number, and residence address of owner, if sole proprietorship;

(4) Name(s), social security number(s), California driver's license number(s), and residence address(es) of co-owners, if any;

(5) Fictitious name, if any, under which the business is operated;

(6) Names, social security number(s), California driver's license number(s), and residence addresses of all partners, if a partnership;

(7) Names, social security numbers, California driver's license numbers, and residence addresses of all officers and directors, and their respective titles, if a corporation;

(8) Number of employees, and a copy of the most recently filed quarterly report to the Employment Development Department reflecting the number of employees employed;

(9) Type of business, and whether the business primarily operates as a garment manufacturer or a garment contractor;

(10) Proof of current workers' compensation insurance coverage;

(11) The name(s), address(es), and form(s) of business entities of persons and entities engaged in the business of garment manufacturing with whom the applicant has entered into contracts for the performance of garment manufacturing services during the past three years;

(12) The applicant's employer tax identification number;

(13) Name(s), social security number(s), California driver's license number(s), and residence address(es) of all managers and supervisors who directly or indirectly control the wages, hours, or working conditions of the applicant's employees.

(14) Name(s), social security number(s), California driver's license number(s), and residence addresses of all substantial shareholders, and the percentage of their ownership in the business, if a corporation. For the purpose of this section, the term “substantial shareholder” shall mean any shareholder who owns at least 20% of the total value of all classes of stock, or, if no stock has been issued, who owns at least 20% of the beneficial interests in the corporation.

(15) Names, social security number(s), California driver's license number(s), and residence addresses of all members, if a limited liability corporation.

(16) Name and business address of the agent for service of process, if a corporation or limited liability company.

(17) The amount of gross sales receipts, as defined in section 13635(d), for the 12-month period immediately preceding the filing of the application.

(18) A list of all assessments of wages due and all penalty citations for violations of provisions of the Fair Labor Standards Act or the California Labor Code that were issued by the United States Department of Labor or the California Department of Industrial Relations within the past three years to the applicant or the applicant's owner(s), partners (if the applicant is a partnership), corporate officers, directors and substantial shareholders (if the applicant is a corporation), members (if the applicant is a limited liability company), or managers and supervisors; the names of the persons and businesses that were cited or assessed; the date and amount of each citation or assessment; the disposition of any appeal on the citation or assessment; and whether or not the citation or assessment has been paid, and if so, the date it was paid.

(19) A list of all judgments and settlement agreements for unpaid wages that were entered within the past five years against the applicant or the applicant's owner(s), partners (if the applicant is a partnership), corporate officers, directors and substantial shareholders (if the applicant is a corporation), members (if the applicant is a limited liability company), or managers and supervisors; the names of the persons and businesses against whom judgments or settlement agreements for unpaid wages were entered; the date of entry of judgment or the date of execution of the settlement agreement; the court that entered the judgment, the case number, and the amount found due in each judgment or settlement agreement; and whether or not the judgment or settlement agreement has been paid, and if so, the date it was paid.

(20) Whether the applicant or the applicant's owner(s), partners (if the applicant is a partnership), corporate officers, directors and substantial shareholders (if the applicant is a corporation), members (if the applicant is a limited liability company), or managers and supervisors have had a garment registration certificate revoked or an application for registration denied, and if so, the name and address of the business whose registration or application for registration was revoked or denied, the period of revocation or date of denial, and the reasons for the revocation or denial.

(21) For any applicant that had an application for registration denied, or a registration revoked or suspended, pursuant to proceedings under section 13646 at any time during the past three years, whether the applicant has had any gross sales receipts, as defined in section 13635(d), at any time during the three years prior to the filing of the application.

(22) For new applicants, whether the applicant or the applicant's owner(s), partners (if the applicant is a partnership), corporate officers, directors and substantial shareholders (if the applicant is a corporation), members (if the applicant is a limited liability company), managers and supervisors, or immediate family members of any of the above persons have ever previously operated as a garment manufacturer, contractor, or in any other capacity in garment manufacturing, including but not limited to exercising direct or indirect control over garment workers' wages, hours and working conditions, and if so, the name(s) and address(es) of the business(es), dates of operation, garment registration number(s), and dates of registration.

(b) Every person applying for registration as a manufacturer shall certify in writing that he or she is aware of the wage guarantee provision of Labor Code Section 2673.1, under which every garment manufacturer guarantees payment of his or her proportionate share of any unpaid minimum wages and overtime wages owing to any employees of the contractors with whom the manufacturer contracts, for work performed by the contractor's employees on behalf of the manufacturer.

(c) The residence addresses, social security numbers, and California driver's license numbers listed in the application for registration pursuant to subsections (a)(3),(4), (6), (7), (13), (14) and (15), above, are for the Labor Commissioner's use for licensing and law enforcement purposes, and are confidential and shall not be disclosed to any person other than an employee of a law enforcement agency, except if required by court order or if necessary for the prosecution, by the Labor Commissioner, of any judicial or administrative proceeding.

NOTE: Authority cited: Sections 2672 and 2675, Labor Code. Reference: Sections 2673.1, 2675, 2678 and 2684, Labor Code; and Section 6254(f), Government Code.

HISTORY

1. Amendment of section and Note filed 9-9-2002; operative 10-9-2002 (Register 2002, No. 37).