§ 1088.9. — 1088.9. (Added by Stats. 2024, Ch. 1011, Sec. 3.)

California § 1088.9.

• Jurisdiction: California
• Code UIC: Unemployment Insurance Code - UIC
• Div. 1.: DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION
• Part 1.: PART 1. UNEMPLOYMENT COMPENSATION
• Ch. 4.: CHAPTER 4. Contributions and Reports
• Art. 6.: ARTICLE 6. Records, Reports and Contribution Payments

Text

(a)
Commencing with the first calendar quarter of calendar year 2026, a motion picture payroll services company shall file with the director, within the same time required by subdivision (a) of Section 1110 for payment of employer contributions, a report of payments made to a loan-out company pursuant to subdivision (b).
(b)
The report shall include all of the following information:
(1)
The total amount of payments made to the loan-out company.
(2)
The business name, address, and telephone number of the loan-out company.
(3)
The federal employer
identification number, California employer account number, or other identifying number of the loan-out corporation, as required by the Employment Development Department, in consultation with the Franchise Tax Board.
(4)
The full name, address, and social security number of any individual whose services were provided through the loan-out company.
(5)
The name, address, and federal employer identification number, California employer account number, or other identifying number of the motion picture payroll services company, as required by the Employment Development Department, in consultation with the Franchise Tax Board.
(6)
Any other information as the director shall prescribe.
(c)
The Franchise Tax Board may access the information filed with the
department pursuant to this section.
(d)
A lack of access to the information required to be reported under this section does not relieve any obligation on a motion picture payroll services company to continue to timely pay a loan-out company all payments due.
(e)
(1)
For each failure to fully comply with subdivisions (a), (b), and (d), unless the failure is due to good cause, the department may assess a penalty of twenty-four dollars ($24), or, if the failure is willful or fraudulent, the department may assess a penalty of four hundred ninety dollars ($490).
(2)
A failure to fully comply with subdivisions (a) and (b) shall be deemed to be for good cause pursuant to paragraph (1) if a motion picture payroll services company has requested that a loan-out company provide information required by
subdivision (b) and the loan-out company does not provide the requested information, or provides incorrect or incomplete information.
(f)
For purposes of this section, the definitions in Section 679 shall apply, as applicable.

Legislative History

Added by Stats. 2024, Ch. 1011, Sec. 3. (SB 422) Effective January 1, 2025.