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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38752
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dear Sir or Madam, We are contacting you on behalf of one

Customer Question

Dear Sir or Madam,

We are contacting you on behalf of one of our clients, a German entity.

We have the following question:

Our client intends to start a service project in California State. Therefore he needs service technicians from Germany.
The employees will operate within the scope of a service agreement between the client and an affiliated entity in the US.

The following services will be conducted by the German service technicians:

1. Safety Check of Automated Guided Vehicles
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post and thank you very much for requesting me to assist you further.

I believe this question was cut-off. What is you specific question? Could you finish posting, then I would be happy to assist.
Customer: replied 1 year ago.

Dear Sir or Madam,


 


We are contacting you on behalf of one of our clients, a German entity.


 


We have the following question:


 


Our client intends to start a service project in California State. Therefore he needs service technicians from Germany.


The employees will operate within the scope of a service agreement between the client and an affiliated entity in the US.


 


The following services will be conducted by the German service technicians:


 



  1. Safety Check of Automated Guided Vehicles ( Vehicles, which operate the logistics in harbor terminals, e.g. freight transporting)

  2. Execution and monitoring of site endurance tests of the vehicles

  3. Identify and classify defects and deficiencies

  4. Repair of damages, exchange of damaged parts

  5. Commissioning of the vehicles, upload of software programs, changing of parameters

  6. Train technical staff of Service Representative (eventually also customer’s staff)

  7. Observe and fill out acceptance documents for 3rd party deliveries and services


 


Our client now has the following questions:



- do the service technicians or our client need a license/permit for conducting the above mentioned services?



- in case that they need a license/permit, doe they need one for each single technician?




- Are there any labor union regulations that our client has to watch out for?


 


 


Your answer in that matter is much appreciated!


 


Best regards


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Frank,

Thank you very much for the detailed question. I will be happy to answer your question directly.

You asked:

 

 

 

 

- do the service technicians or our client need a license/permit for conducting the above mentioned services?


That is based on the jurisdiction and municipality where this business is being set up. The answer is typically 'yes', specifically for automotive repair or vehicle repair, and there may also be issues pertaining to freight transport.

 

 

- in case that they need a license/permit, doe they need one for each single technician?

No, typically a global company license is required unless the municipality requires specific licenses for each technician based on specialization.

 

 

 

 

- Are there any labor union regulations that our client has to watch out for?

 

That very much depends. Unless in that jurisdiction there is a requirement to use union labor (unlikely), then you are free to use whomever you wish provided they are qualified for the work. If you could provide me with the location I can attempt to do greater research on this subject--otherwise I am simply giving you a very general response.

 

Good luck.

Customer: replied 1 year ago.
dear Sir, thank u. So to which authorities in california i have to adress to regarding that matter?? Dept of industrial
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Frank.

There may be quite a few agencies to contact. I can most definitely suggest the municipality zoning department and the agency in charge of labor and industry.

Some important links:
California Department of Industrial Relations
http://www.dir.ca.gov/

California Department of State (for creation of entities, entity lookup)
http://kepler.sos.ca.gov/

California Department of State for business programs
http://www.sos.ca.gov/business/

California Licensing and Certification
http://www.cdph.ca.gov/programs/LnC/Pages/LnC.aspx

Good luck.

Customer: replied 1 year ago.

Thank you gentleman. The Department of IR I already asked - they say, they do not do any licensing. So I have to ask the zoning department - I thought that is only if you want to build sth, but also for service you want to conduct in an area??


 


Kind regards


Frank

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Frank.

Zoning, based on where you wish to set up your business, may tell you whether or not that location is zoned for residential or industrial use, and whether this specific use is permitted. For example most municipalities have different zoning regions for residential, industrial, mixed, farming, or even shipping locations.


Good luck.

Customer: replied 1 year ago.

Thank you, XXXXX XXXXX speaking I am desperated a bit.. one week ahead we send our service technicians to California and I need to know till then, whether (and in that event, where) we need a license or permit or whatever- Sincerely Frank

Customer: replied 1 year ago.

Thank you. Honestly speaking I am quite desperate, as one week ahead of us we will send the first technician to CA and do not know till now, whether he has to obtain any permits for that services. THE Dept of I Relations told us, they dont do licensing for service so what to do?? And furthermore will they need a commercial driving or motor carrier license, as they will train the staff and so also move the vehicles?? please help us

Expert:  Dimitry K., Esq. replied 1 year ago.
Frank,

Thank you follow-up.

WIll your technician work for your entity or the other entity? Will the technician simply consult or perform tasks?
Customer: replied 1 year ago.
dear gentleman actually the services are part ofthe contract with the buyer of the vehicles we produce.they will also perform tasks like training,maintenance
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Frank.

I have been searching throughout all of the agencies and do not see a requirement for licensing. I have also checked with other professionals (just to be safe) to see whether or not licensing for an individual is a requirement, but based on the scope of service your technicians will provide, I coul not find any direct licensing requirements or obligations.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38752
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
thank u. So we dont need a commercial driving license or sth like a motor carrier permit nd just can start
Expert:  Dimitry K., Esq. replied 1 year ago.

Frank,

To operate heavy industrial machinery such as an 18-wheeler or a truck a federal CDL is required--that is required for any direct transportation. Please follow this link below to have your technicians pursue this application:

https://www.dmv.ca.gov/commercial/commercial.htm

Customer: replied 1 year ago.
thank u! And if just immigrate nd start?it is not that seize we just can start with no permit required??
Expert:  Dimitry K., Esq. replied 1 year ago.

Frank,

I could find no permit. Plus as I understood it, your technicians will be working for an entity that is already licensed and has whatever permits are required. If not, that is generally provided by zoning in the county or municipality where your technicians will be working.

Customer: replied 1 year ago.
dear gentleman, please allow me a last question!? Only thing i am wondering still: can we just send our technicians to Ca for the services or are we in Any way affected by the forced unionism state of ca?? I mean are we allowed to send them there or have the american buyer employ americans and is not allowed to take our german technicians? Thank u but i still need to know
Expert:  Dimitry K., Esq. replied 1 year ago.

Frank,

There is no requirement to be unionized. There are no industries that are closed off to non-union members. Even certain industries that are heavily unionized such as teachers can still have non-union employees in private schools or private institutions. You do not have to have them join a union to work in the US.

Good luck.

Customer: replied 1 year ago.
thank u and where can i find that Info that we dont have to join? And what means that ca is a forced unionism state? Your Frank
Expert:  Dimitry K., Esq. replied 1 year ago.

Frank,

Please review the link below pertaining to Union information:
http://www.nrtw.org/a/a_1_p.htm

A 'forced union' is something that no longer exists--nobody can be forced to join a Union in the US based on changes in law.

Good luck.

Customer: replied 1 year ago.
ok.interesting!and why ca is listed as a forced unionism state on national labour relations Board Website?best Frank
Expert:  Dimitry K., Esq. replied 1 year ago.
I am sorry, where does it say that?
Customer: replied 1 year ago.
National right to work legal defense Foundation
Customer: replied 1 year ago.
they divide right to Workshops states and forced unionism states in the www, that confused me or is that irrelevant since the law change u said. ; so there is no law saying that our workers are not allowed to work because americans have to be chosen privileged?
Expert:  Dimitry K., Esq. replied 1 year ago.

Frank,

In any US state a person can refuse to join a union. I am not clear what you are reading so I cannot comment on it, but this is not what governs in California. There is a federal act that governs all states called the "National Labor Relations Act (NLRA)" which expressly allows any worker to refuse to join a union.

Good luck.

Customer: replied 1 year ago.
great!and there is no obligation of the vehicle buyer to let american technicians do the jobs instead of our german technicians? I mean maybe because of its union? And is there a california state union law beside the federal?
Customer: replied 1 year ago.
dear gentleman, did u see my last question- Most important: is it allowed to send our german workers to Ca a unionism state- or must americans have privileged right to work. If u want me to Pay please let Know-but itis definately the last question thanks Frank
Expert:  Dimitry K., Esq. replied 1 year ago.

Frank,

My apologies on the delay, I was offline for a bit. There is no obligation to force the company to use US workers, even if it is a union. Federal law trumps local state law, and that law is enough to protect your workers. This is why I provided you with the name of the law so that you can review it for yourself before you send your employees.

Good luck. If you feel that I adequately assisted you then kindly feel free to rate more of my answers. I look forward to helping you further if the need arises.

Customer: replied 1 year ago.
thank u so much.i just got confused, cause it is said, that ca is not a right to work state whatever that means
Expert:  Dimitry K., Esq. replied 1 year ago.

You are most welcome. California is a different type of state for employment where termination of employees is a bit more complicated than in a more traditional state. But what you are concerned about is unionism--and in California nobody can be forced or compelled to join a union.

Good luck.

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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
16635 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.