§ 1703.3. — 1703.3. (Added by Stats. 2009, Ch. 286, Sec. 3.)

California § 1703.3.

• Jurisdiction: California
• Code LAB: Labor Code - LAB
• Div. 2.: DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION
• Part 6.: PART 6. LICENSING
• Ch. 4.5.: CHAPTER 4.5. Fee-Related Talent Services
• Art. 3.: ARTICLE 3. Other Talent Services

Text

(a)
Prior to advertising or engaging in business, a talent service shall file with the Labor Commissioner a bond in the amount of fifty thousand dollars ($50,000) or a deposit in lieu of the bond pursuant to Section 995.710 of the Code of Civil Procedure. The bond shall be executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to fifty thousand dollars ($50,000). The bond may be terminated pursuant to Section 995.440 of, or Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
(b)
The bond required by this section shall be in favor of, and payable to, the
people of the State of California and shall be for the benefit of any person injured by any unlawful act, omission, or failure to provide the services of the talent service.
(c)
The Labor Commissioner shall charge and collect a filing fee to cover the cost of filing the bond or deposit.
(d)
(1)
Whenever a deposit is made in lieu of the bond otherwise required by this section, the person asserting the claim against the deposit shall establish the claim by furnishing evidence to the Labor Commissioner of injury resulting from an unlawful act, omission, or failure to provide the services of the talent service or of a money judgment entered by a court.
(2)
When a claimant has established the claim with the Labor Commissioner, the Labor Commissioner shall review and approve the claim and enter the
date of the approval thereon. The claim shall be designated an approved claim.
(3)
When the first claim against a particular deposit has been approved, it shall not be paid until the expiration of a period of 240 days after the date of its approval by the Labor Commissioner. Subsequent claims that are approved by the Labor Commissioner within the same 240-day period shall similarly not be paid until the expiration of that 240-day period. Upon the expiration of the 240-day period, the Labor Commissioner shall pay all approved claims from that 240-day period in full unless the deposit is insufficient, in which case every approved claim shall be paid a pro rata share of the deposit.
(4)
Whenever the Labor Commissioner approves the first claim against a particular deposit after the expiration of a 240-day period, the date of approval of that claim shall begin a new 240-day period to
which paragraph (3) applies with respect to any amount remaining in the deposit.
(5)
After a deposit is exhausted, no further claims shall be paid by the Labor Commissioner. Claimants who have had claims paid in full or in part pursuant to paragraph (3) or (4) shall not be required to return funds received from the deposit for the benefit of other claimants.
(6)
Whenever a deposit has been made in lieu of a bond, the amount of the deposit shall not be subject to attachment, garnishment, or execution with respect to an action or judgment against the assignor of the deposit, other than as to an amount as no longer needed or required for the purposes of this chapter and that would otherwise be returned to the assignor of the deposit by the Labor Commissioner.
(7)
The Labor Commissioner shall return a deposit two years
from the date it receives written notification from the assignor of the deposit that the assignor has ceased to engage in the business or act in the capacity of a talent service or has filed a bond pursuant to subdivision (a), provided that there are no outstanding claims against the deposit. The written notice shall include all of the following:
(A)
The name, address, and telephone number of the assignor.
(B)
The name, address, and telephone number of the bank at which the deposit is located.
(C)
The account number of the deposit.
(D)
A statement that the assignor is ceasing to engage in the business or act in the capacity of a talent service or has filed a bond with the Labor Commissioner. The Labor Commissioner shall forward an acknowledgment of
receipt of the written notice to the assignor at the address indicated therein, specifying the date of receipt of the written notice and the anticipated date of release of the deposit, provided that there are then no outstanding claims against the deposit.
(8)
A superior court may order the return of the deposit prior to the expiration of two years upon evidence satisfactory to the court that there are no outstanding claims against the deposit, or order the Labor Commissioner to retain the deposit for a specified period beyond the two years to resolve outstanding claims against the deposit.
(9)
This subdivision applies to all deposits retained by the Labor Commissioner. The Labor Commissioner shall notify each assignor of a deposit it retains and of the applicability of this section.
(10)
Compliance with Sections
1700.15 and 1700.16 of this code or Section 1812.503, 1812.510, or 1812.515 of the Civil Code shall not satisfy the requirements of this section.

Legislative History

Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.