Staffing agencies: registration.
What changed between versions
Added a new definition of 'staffing agency' in Section 2200(c). It covers temporary services employers (Section 201.3(a)) and labor contractors (Section 2810.3(a)(3)), plus any business entity that for a fee recruits, hires, assigns, refers, places, furnishes, or supplies workers to a third-party business on a temporary, seasonal, leased, project-based, or ongoing basis. Entities excluded from the 'labor contractor' definition under Section 2810.3(a)(3)(A)-(D) are also excluded.
Removed attorney's fees and costs from the damages provision in Section 2207(d). Previously, a prevailing registered staffing agency was entitled to both its choice of actual or statutory damages AND reasonable attorney's fees and costs. Now it is only entitled to either actual damages or statutory damages up to $75,000, at its election.
Simplified the prohibition in Section 2206 from 'without verifying that the staffing agency is registered' to 'without a registration.' This removes the concept of a verification duty and makes the requirement simply that the staffing agency must hold a registration.
Section 2203(b) changed from 'after review of the application, investigation, is satisfied' to 'after investigation, is satisfied,' removing 'review of the application' as a separate stated step in the commissioner's process.