California Labor Code 238.4 – (a) If an employer in the long-term care industry that is also …
(a) If an employer in the long-term care industry that is also required to obtain a license from the State Department of Public Health or the State Department of Social Services pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code, is found to be in violation of Section 238, the State Department of Public Health or the State Department of Social Services may deny a new license or the renewal of an existing license for that employer.
(b) If the Labor Commissioner finds that an employer in the long-term care industry is conducting business in violation of Section 238, the Labor Commissioner shall notify the State Department of Public Health or the State Department of Social Services.
Terms Used In California Labor Code 238.4
- Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
- Department: means Department of Industrial Relations. See California Labor Code 19
- Labor: includes labor, work, or service whether rendered or performed under contract, subcontract, partnership, station plan, or other agreement if the labor to be paid for is performed personally by the person demanding payment. See California Labor Code 200
- Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
- Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
(c) For purposes of this section “long-term care” means the operation of a skilled nursing facility, intermediate care facility, congregate living health facility, hospice facility, adult residential facility, residential care facility for persons with chronic life-threatening illness, residential care facility for the elderly, continuing care retirement community, home health agency, or home care organization, as those terms are used in Division 2 (commencing with Section 1200) of the Health and Safety Code.
(Added by Stats. 2015, Ch. 803, Sec. 8. (SB 588) Effective January 1, 2016.)