Food Permit Enforcement Program
Introduction
The Food Permit Enforcement Program (Program) launched in September 2019 to combat wage theft and help workers in the retail food industry collect outstanding unpaid wage judgments issued by the CA Labor Commissioner’s Office.
The Program addresses a pervasive wage theft problem that disproportionately affects vulnerable employees, many of them immigrants, women and low-wage workers. The Program aims to:
- Foster a healthy economic environment for the County’s businesses and workers
- Achieve industry-wide compliance with Federal and State labor laws
- Realize satisfaction of existing judgments so workers are paid in full for hours worked.
How It Works
The Office of Labor Standards Enforcement (OLSE) in partnership with the Santa Clara County Department of Environmental Health - Consumer and Environmental Protection Agency (DEH) will engage retail food vendors with current existing judgments for labor violations such as unpaid wages to encourage payment of such judgments.
If a retail food vendor is determined to be in violation of their judgment for non-payment, the County of Santa Clara may elect to temporarily suspend or revoke the vendor's food health permit.
For more information about the program please contact the Office of Labor Standards Enforcement or call the OLSE Advice Line for assistance with compliance. Callers may remain anonymous.
Overview of Enforcement Procedure
When OLSE learns of an outstanding judgment against a permitted food facility for violation of laws prohibiting wage theft, sexual harassment, sexual assault, or retaliation, OLSE will send a Notice of Existing Judgment to the food facility permitholder.
The Notice of Existing Judgment will identify the judgment, explain that the underlying violation and the failure to comply with the judgment are violations of the condition of the employer’s food facility permit, and demand that the permitholder respond within 15 days to (1) prove that the permitholder is in full compliance with the judgment, or (2) that the judgment is not final or does not apply to the permitholder, or (3) acknowledge the outstanding judgment and request assistance or additional time to come into compliance with the judgment.
If the permitholder does not respond to the Notice of Existing Judgment, prove that it is in compliance with the judgment, prove that the judgment is not final or does not apply, or enter into a Payment Plan with the Labor Commissioner's Office, then DEH and OLSE will together send the permitholder a Notice to Comply.
The Notice to Comply will inform the employer that an enforcement case against them is now open and active with the DEH and its food facility permit may be suspended or revoked if the employer fails to comply with the judgment or prove that the judgment is not final or does not apply within 15 days.
If the permitholder requests assistance or additional time, the permitholder must contact the Labor Commissioner's Office to discuss the issue and negotiate a Payment Plan that gives the permitholder more time to pay the full judgment amount.
- Food Permit Program Manager
A Food Permit Program Manager may follow up on the Notice to Comply by directly contacting the permitholder by phone to confirm receipt of the notice, establish a contact, and answer any questions the permitholder may have. Although this outreach effort is a courtesy well beyond what the permitholder is entitled to under the law, it helps OLSE to fulfill its mission to provide a level playing field for businesses by assisting employers seeking to comply with the law to come into compliance and to avoid unnecessary suspensions or revocations. - Payment Plan with the Labor Commissioner's Office
The Notice to Comply will invite permitholders to contact the Labor Commissioner's Office OLSE if they require assistance or more time to come into compliance with an outstanding judgment—for example, because they do not have the cash or revenue necessary to pay off the judgment immediately. Violating the Payment Plan agreement with the Labor Commissioner's Office authorizes permit suspension or revocation.
If the permitholder does not respond to the Notice to Comply, prove that it is in compliance with the judgment, prove that the judgment is not final or does not apply, or enter into a Payment Plan with the Labor Commissioner's Office within 15 days of the Notice, then DEH and OLSE will together send the permitholder a Notice of Violation. The Notice of Violation will inform the permitholder that its permit will be suspended and the effective date of that suspension , and will further inform the permitholder of its right to request a hearing within 15 days before the Office of the County Hearing Officer. Depending on the nature and severity of the existing judgment and OLSE's efforts to engage the permitholder, DEH may suspend the permit.
- Notices of Violation will be issued under the following scenarios:
Non-Response
DEH and OLSE will issue a Notice of Violation if the permitholder does not respond to the Notice to Comply. OLSE may elect to make additional outreach efforts to permitholders to assist them to comply with outstanding judgments before suspending permits with the possibility of revocation.
Breach of Payment Plan with the Labor Commissioner's Office
Once a Payment Plan with the Labor Commissioner's Office is in place, a permitholder’s failure to do what it promises—e.g., to make monthly payments or to come into full compliance by a specified date—can result in a finding that the permitholder has not complied and will not comply with the judgment. - Hearing before the Office of the County Hearing Officer
If a permitholder requests a hearing by the deadline specified in the Notice of Violation, then a hearing will be held before the Office of the County Hearing Officer at which DEH and OLSE, in partnership with County Counsel, will explain the permitholder’s violation of the conditions of the permit and request suspension or revocation, and the permitholder will have the opportunity to present its own evidence and argument as to why its permit should not be suspended or revoked. After the hearing, the Hearing Officer will issue a decision that will decide whether to suspend or revoke the permit and how long any suspension will last. The permitholder may request review of a Hearing Officer decision by the Superior Court.
If the permitholder does not respond to the Notice of Violation, prove that it is in compliance with the judgment, prove that the judgment is not final or does not apply, or enter into a Payment Plan with the Labor Commissioner's Office within 30 days of the Notice, then DEH will suspend the permitholder's Food Facility Permit on the date specified in the Notice of Violation and provide public notice of the suspension and the reason(s) for the suspension on its website.
An enforcement action ends when all outstanding judgments are paid in full. A permitholder can halt enforcement at any time by paying the existing judgment in full or entering into a compliance agreement that ensures full payment of judgments by a specific date agreed upon by all parties.
To download a copy of the brochure in different languages click below:
English Español Vietnamese (Tiếng Việt) Chinese (中文) Tagalog Hindi (हिंदी)