(a) As used in this section: (1) âCommercial driverâ means a person who holds a valid commercial driverâs license who is hired or contracted to provide port drayage services either as an independent contractor or an employee driver. (2) (A) âCustomerâ means a business entity, regardless of its form, that engages or uses a port drayage motor carrier to perform port drayage services on the customerâs behalf, whether the customer directly engages or uses a port drayage motor carrier or indirectly engages or uses a port drayage motor carrier through the use of an agent, including, but not limited to, a freight forwarder, motor transportation broker, ocean carrier, or other motor carrier. (B) âCustomerâ does not include any of the following: (i) A business entity with a workforce of fewer than 25 workers, including those hired directly by the customer or through a temporary employer or labor contractor. (ii) The state or any political subdivision of the state, including any city, county, city and county, or special district. (iii) A business entity, including, but not limited to, a marine terminal operator, who is not a customer, and who, incidental to the transportation of the freight for the customer, receives, makes available, or exchanges intermodal equipment, loaded or unloaded, or conducts any other transaction of equipment subject to an equipment interchange agreement with a motor carrier who is a signatory to an equipment interchange agreement. (3) âInternet web pageâ refers only to the port drayage motor carrier list that the Division of Labor Standards Enforcement is required to update and maintain pursuant to subdivision (b) and shall not be construed to apply to any other information about wage claims, investigations, citations, judgments, or other activities that the Division of Labor Standards Enforcement may provide to the public through its internet website. (4) âLaborâ has the same meaning provided by Section 200. (5) (A) âPort drayage motor carrierâ means an individual or entity that hires or engages commercial drivers in the port drayage industry. (B) âPort drayage motor carrierâ also means a registered owner, lessee, licensee, or bailee of a commercial motor vehicle, as defined in subdivision (b) of Section 15210 of the Vehicle Code, that operates or directs the operation of a commercial motor vehicle by a commercial driver on a for-hire or not-for-hire basis to perform port drayage services in the port drayage industry. (C) âPort drayage motor carrierâ also means an entity or individual who succeeds in the interest and operation of a predecessor port drayage motor carrier consistent with the provisions of Section 2684. (6) âPortâ means any sea or river port located in this state. (7) âPort drayage servicesâ means the movement within California of cargo or intermodal equipment by a commercial motor vehicle whose point-to-point movement has either its origin or destination at a port, including any interchange of power units, chassis, or intermodal containers, or the switching of port drayage drivers that occurs during the movement of that freight. It shall not include employees performing the intra-port or inter-port movement of cargo or cargo handling equipment under the control of their employers. (8) âPrior offenderâ means a port drayage motor carrier that has had at least one of the following: (A) A final court judgment, tax assessment, or tax lien that may be released to the public under federal and state disclosure laws and which arose from unlawful conduct relating to the misclassification of employees as independent contractors. (B) A final Labor Commissioner citation or a Labor Commissioner order, decision, or award that arose from unlawful conduct relating to the misclassification of employees as independent contractors. (9) âWagesâ has the same meaning provided by Section 200 and all sums payable to an employee or the state based upon any failure to p
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