Cal. Code Regs. tit. 8 § 13850

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 13850 - Definitions

In addition to the definitions provided in 9998.1 of the Business & Professions Code, the following apply to both Chapter 21.5 (commencing with section 9998 of the Business & Professions Code) and to this subchapter which regulates foreign labor contractors who solicit or recruit foreign workers to perform labor in this state.

(a) "Recruiting" and "recruits" means any activity performed or directed by a person which entices, secures, persuades, hires, purports to hire, transports, or otherwise seeks to process or secure employment of a worker, or group of workers, for labor, work, or services performed in California.
(1) "Transports" means any person who coordinates or provides transportation specifically for the purpose of obtaining or accepting employment.
(2) "Process" includes but is not limited to interviewing, testing, evaluating, screening for job qualifications, setting up visa appointments with consulate, and referring a worker to an employer for consideration for hire.
(b) "Soliciting" and "solicits" means conducting or performing any communication, including but not limited to advertisements, distribution of information using any media or other person or entity which informs, offers, or purports to offer to a prospective worker, or group of workers, information regarding terms of employment for labor, work, or services performed in California.
(c) "Foreign guest worker" means a foreign worker, as defined in Section 9998.1, who is recruited and/or solicited by a foreign labor contractor to perform temporary nonagricultural labor in California pursuant to Section 101(a)(15)(H)(ii)(b) of the Federal Immigration and Nationality Act, commonly known as the "H-2B" worker visa program.

Cal. Code Regs. Tit. 8, § 13850

1. New subchapter 14 (articles 1-6, sections 13850-13874), article 1 (sections 13850-13851) and section filed 10-8-2018; operative 1-1-2019 (Register 2018, No. 41).

Note: Authority cited: Section 9998.11, Business and Professions Code. Reference: Sections 9998, 9998.1, 9998.1.5 and 9998.2.5, Business and Professions Code.

1. New subchapter 14 (articles 1-6, sections 13850-13874), article 1 (sections 13850-13851) and section filed 10-8-2018; operative 1/1/2019 (Register 2018, No. 41).