Raimondo & Associates has learned that the California Labor Commissioner’s Division of Labor Standards Enforcement (DLSE) has been sending this document to California Farm Labor Contractors via email. We believe that this is a violation of the FLCs’ due process rights and stand ready to assist when and where needed. It is imperative that all FLCs regularly check their email accounts that the DLSE has on file in order to catch these notices, which informs FLCs that they must complete and return the DLSE’s EO N-51-20 Covid-19 PSL Compliance Information Form within only five days or risk having the DLSE open an investigation to determine whether the business has violated any laws, and may face damages up to and including revocation of the FLC license.
Raimondo & Associates believes that it is in a business’s interest to comply and provide the completed form to the DLSE. Should the form not be completed and returned within five days, the DLSE has threatened to open an investigation into the business to determine whether it is in compliance. We do not agree with the DLSE’s methods, however, we believe that allowing the DLSE to open an investigation into a business could potentially produce far more compliance issues that the DLSE would have discovered on its own. Therefore, our recommendation is for FLCs and other business to fill out and return the compliance form rather than risk the DLSE’s draconian measures.
Given the continually changing legal landscape, we strongly encourage employers to reach out to Raimondo & Associates with questions regarding specific situations. We are closely monitoring these developments. Because of these frequent developments, and the need to adapt the general guidance below to specific circumstances, employers should consult counsel regarding specific circumstances. There are many nuances and fact-specific elements that make individualized legal counsel on these questions of critical importance.
Raimondo & Associates has developed templates for compliant IIPPs and for additional COVID-19 supplements in order to assist businesses with being in compliance. We have extensive experience with challenging the Labor Commissioner regarding FLC licensing issues, and we stand ready to do so again.