Joint and several liability of port drayage motor carrier customers: health and safety violations: prior offenders: liability owed to the state.

Existing law requires the Division of Labor Standards Enforcement to post on its internet website a list of port drayage motor carriers with unsatisfied court judgments, tax assessments, tax liens, or any order, decision, or award finding that the port drayage motor carrier has engaged in illegal conduct including failure to pay wages, imposing unlawful expenses on employees, and other labor violations. Existing law prohibits the division from placing the information on the internet website until the period for all judicial appeals has expired. Existing law requires the division to remove a posting within 15 business days after the division determines there has been payment or settlement of the unsatisfied judgment, as specified. Existing law, except as specified, imposes joint and several liability on the port drayage motor carrier and any customer that obtained port drayage services after the date the port drayage motor carrier appeared on the division's list for all civil legal responsibility and liability owed to a port drayage driver, including unpaid wages, unreimbursed expenses, and damages and penalties that are due, as specified. This bill would require the Division of Labor Standards Enforcement to post the information for a port drayage motor carrier that is a prior offender, as defined, with a subsequent judgment, ruling, citation, order, decision, or award finding a violation of a labor or employment law or regulation, even if all periods for appeals have not expired. The bill would require the division to post the information only if it is provided to the division in a format acceptable to the division. This bill would require the Division of Labor Standards Enforcement, if it receives notice that a prior offender that is listed on the division's internet webpage has subsequently prevailed on appeal, to remove the posting for the prior offender within 15 business days after determining that there remains no other basis upon which to retain the prior offender's information on the internet webpage. The bill would also require the division to remove a posting within 15 business days after the division determines, first, that there has been payment or settlement of the unsatisfied judgment or any other financial liabilities and, second, that the port drayage motor carrier has submitted certification, under penalty of perjury, that all identified violations have been remedied or abated and, after the division issues certain regulations, sufficient documentation that all violations have been remedied or sufficiently abated, as specified. By expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would expand the liability of a customer of a listed port drayage motor carrier to also include the civil legal responsibility and civil liability owed to the state for port drayage services obtained after the date the motor carrier appeared on the prior offender list. The bill would add, in this regard, potential responsibility and liability for employment tax assessments issued by the state and civil liability stemming from the motor carrier's failure to comply with applicable health and safety laws, rules, or regulations. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.