1. (a) Pursuant to subdivision (b) of section 1160.11 of the Labor Code, an agricultural employer may make a cash deposit with the Board in lieu of an appeal bond. The deposit shall be in an amount equal to or in excess of the amount that would be required to be secured by the bond if the bond were given by a licensed surety. For purposes of this section, the term “cash” means lawful coin or currency of the United States, and also includes cash equivalent forms of payment such as checks, cashier's checks, and money orders.

   1. (2) An agent of the Board shall be present at the time of delivery of the cash deposit. The deposit shall be accompanied by an agreement executed by the agricultural employer authorizing the Board to collect or otherwise apply the deposit to enforce the liability of the agricultural employer on the deposit. The agreement shall include the name, street address, telephone number, and email address at which the agricultural employer may be served with notices, papers, and other documents. The agreement shall be signed under penalty of perjury and further shall expressly state the individual signing it has authority to do so on behalf of the agricultural employer. The Board will make a form available to the agricultural employer for use in complying with the requirements of this subdivision.

   2. (3) Upon verifying the amount of the cash deposit, the Board agent shall provide the agricultural employer a receipt confirming the deposit with the Board. The deposit shall be held in trust by the Board in an interest-bearing account.

      (c)(1) Cash Equivalent Deposits. An agricultural employer who chooses to make a deposit with the Board in the form of a check, cashier's check, or money order in lieu of an appeal bond shall submit such deposit to the executive secretary. The deposit must be received by the executive secretary no later than 20 days after the date of the Board's order from which the employer seeks to obtain judicial review. The check or money order shall be made payable to the “Agricultural Labor Relations Board.”

   3. (2) The deposit shall be accompanied by an agreement executed by the agricultural employer authorizing the Board to collect or otherwise apply the deposit to enforce the liability of the agricultural employer on the deposit. The agreement shall include the name, street address, telephone number, and email address at which the agricultural employer may be served with notices, papers, and other documents. The agreement shall be signed under penalty of perjury and further shall expressly state the individual signing it has authority to do so on behalf of the agricultural employer. The Board will make a form available to the agricultural employer for use in complying with the requirements of this subdivision.
   4. (3) The deposit shall be held by the Board in trust in an interest-bearing account. Upon the successful deposit of the check or money order into the account, the executive secretary shall provide a written receipt to the agricultural employer confirming the deposit with the Board.

   (b)(1) Cash Deposits. An agricultural employer who chooses to deposit cash, in the form of currency or coin of the United States, with the Board in lieu of an appeal bond shall provide the executive secretary with written notice of its intent to do so. Such notice must be received no later than 10 days after the date of the Board's order from which the employer seeks to obtain judicial review. The notice may be sent directly to the executive secretary, including by email, and need not be served on other parties to the proceeding. The executive secretary shall coordinate and arrange a time and location with the employer to deliver the cash deposit.

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1149.3, 1160.3, 1160.8 and 1160.11, Labor Code; and Sections 995.130, 995.160, 995.170, 995.710 and 995.740, Code of Civil Procedure.

History

1. New section filed 4-7-2025; operative 4-7-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 15).