The Division of Labor Standards Enforcement shall not approve the registration of any employer until all of the following conditions are satisfied:
(a)The employer has executed a written application, in a form prescribed by the commissioner and subscribed and sworn to by the employer, containing all of the following:
(1)The name of the business entity and, if applicable, its fictitious or “doing business as” name.
(2)The form of the business entity and, if a corporation, all of the following:
(A)The date of incorporation.
(B)The state in which incorporated.
(C)If a foreign corporation, the date the articles of incorporation were filed with the California Secretary of State.
(D)Whether the corporation is in good standing with the California Secretary of State.
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The Division of Labor Standards Enforcement shall not approve the registration of any employer until all of the following conditions are satisfied:
(a)
The employer has executed a written application, in a form prescribed by the commissioner and subscribed and sworn to by the employer, containing all of the following:
(1)
The name of the business entity and, if applicable, its fictitious or “doing business as” name.
(2)
The form of the business entity and, if a corporation, all of the following:
(A)
The date of incorporation.
(B)
The state in which incorporated.
(C)
If a foreign corporation, the date the articles of incorporation were filed with the California Secretary of State.
(D)
Whether the corporation is in good standing with the California Secretary of State.
(3)
The federal employer identification number (FEIN) and the state employer identification number (SEIN) of the business.
(4)
The address of the business and the telephone number and, if applicable, the addresses and telephone numbers of any branch locations, and the name of any subcontractor or franchise servicing the contracts.
(5)
Whether the application is for a new or renewal registration and, if the application is for a renewal,
the prior registration number.
(6)
The names, residential addresses, telephone numbers, and social security or taxpayer identification numbers of the following persons:
(A)
All corporate officers, if the business entity is a corporation.
(B)
All persons exercising management responsibility in the applicant’s office, regardless of form of business entity.
(C)
All persons, except bona fide covered workers on regular salaries, who have a financial interest of 10 percent or more in the business, regardless of the form of business entity, and the actual percent owned by each of those persons.
(7)
The policy number, effective date, expiration date, and name and address of the carrier of the
applicant business’ current workers’ compensation coverage for all applicants who employ one or more employees and are required to secure workers’ compensation insurance under Section 3700.
(8)
(A)
Whether the employer and any persons named in response to subparagraph (A), (B), or (C) of paragraph (6) presently:
(i)
Owe any unpaid wages.
(ii)
Have unpaid wage and hour final judgments outstanding or have not fully satisfied the terms of any administrative settlement pursuant to the
Civil Rights Department processes or a final judicial decree for any final judgment for a violation of the California Fair Employment and Housing Act.
(iii)
Have any wage and hour liens or suits pending in court against them or pending California Fair Employment and Housing Act claims.
(iv)
Owe any unpaid and outstanding payroll taxes, or personal, partnership, or corporate income taxes, Social Security taxes, or disability insurance.
(B)
An applicant who answers affirmatively to any item described in subparagraph (A) shall provide, as part of the application, additional information on the unpaid amounts, including the name and address of the party owed, the amount owed, and any existing payment arrangements.
(9)
(A)
Whether the employer and any persons named in response to subparagraph (A), (B), or (C) of paragraph (6) have ever been cited or assessed any penalty for violating any provision of this code.
(B)
An applicant who answers affirmatively to any item described in subparagraph (A) shall provide additional information, as part of the application, on the date, nature of citation, amount of penalties assessed for each citation, and the disposition of the citation, if any. The application shall describe any appeal filed. If the citation was not appealed, or if it was upheld on appeal, the applicant shall state whether the penalty assessment was paid.
(10)
Effective January 1, 2020, all new applications for registration and renewal of registration shall demonstrate completion of the sexual violence and harassment prevention training requirements
prescribed by the division and developed pursuant to Section 1429.5 by providing written attestation to the commissioner that the training has been provided as required. Effective January 1, 2022, the attestation shall include whether the training was provided by a peer trainer and an explanation as to why a peer trainer was not used if a peer trainer did not provide the required training.
(11)
Such other information as the commissioner requires for the administration and enforcement of this part.
(b)
The employer has paid a registration fee to the Division of Labor Standards Enforcement pursuant to Section 1427.
(c)
Notwithstanding any other law, violation of this section shall not be a crime.