Car WashesRegistration
Section § 2054
Each year, all employers must sign up with the commissioner.
Section § 2055
This law requires an employer to meet several conditions before they can register or renew their business registration with the commissioner. First, they must show proof that they comply with local business licensing or regional regulations. Next, they need a surety bond of at least $150,000, which is meant to protect employees if the employer fails to pay wages or benefits. The surety company must notify both the employer and commissioner 30 days before canceling the bond. If a bond is canceled, the employer must secure a new one to continue operations. This bond requirement doesn't apply to employers with a collective bargaining agreement covering wages, work hours, conditions, and wage dispute resolutions. Additionally, employers must have active workers' compensation insurance and pay fees established under Section 2059.
Section § 2056
When you get or renew a business registration certificate, the commissioner will give you detailed information about managing your business and understanding relevant labor laws.
Section § 2057
This law requires employers to prove they are registered with the Division of Labor Standards Enforcement by using an official registration form. Employers must also display this form in a place where their employees can easily see and read it during the workday.
Section § 2058
This law states that the commissioner must send a renewal notice to each registrant at least 30 days before their registration expires. Even if the commissioner forgets to send this notice, it is still the registrant's responsibility to renew their registration on time. The lack of a renewal notice can't be used as an excuse for not renewing, nor does it make the commissioner liable for any legal issues arising from the failure to renew.
Section § 2059
This section of the law requires employers to pay a registration fee for each of their branch locations. The commissioner can adjust this fee as needed to cover costs related to administering and enforcing the law. However, the fee cannot be increased unless the fund’s balance is expected to drop below 25% of the annual expenses.
Additionally, employers must also pay an annual fee equal to 20% of the registration fee per branch. This additional fee goes into the Car Wash Worker Restitution Fund, which likely helps support workers’ rights and compensation.
Section § 2060
Employers must follow specific steps to officially register and secure a bond before running their business.
Section § 2061
This law outlines the conditions employers must meet to get registered. Employers need to fill out an application form and swear that the information is true. They have to provide details about the business, like its name, structure, and addresses, and a lot of personal information about key people in the company, such as corporate officers or major stakeholders. This includes their names, addresses, Social Security numbers, and any financial interests they have in the business. The application also requires information on the company's current workers' compensation insurance and any financial troubles those key people might have, such as unpaid wages or taxes. If they've been penalized for breaking labor laws before, they need to explain what happened and show if they paid any fines. Finally, the employer must pay a registration fee.
Section § 2062
If an employer hasn't fully paid off certain debts, they can't register or renew their business registration. This includes unpaid wages owed to employees, any overdue payments for unemployment insurance, or unpaid Social Security and Medicare taxes. Until these financial obligations are cleared, the employer cannot move forward with registration.
Section § 2063
This section requires the Labor Commissioner to maintain a publicly available list on the Department of Industrial Relations website, featuring all registered car washing and polishing businesses. The list must include each business's name, address, registration number, and the dates that their registration is valid.
Section § 2064
If an employer doesn't register as required when running a car washing or polishing business, they can be fined $100 for each day they operate without registration, up to a total of $10,000.
Section § 2065
This section explains the establishment and use of two funds related to the car wash industry: the Car Wash Worker Restitution Fund and the Car Wash Worker Fund. The Restitution Fund gathers money from certain fees and fines, and is used to compensate car wash workers who are not paid what they are owed due to violations by employers. The Labor Commissioner can distribute money from this fund to the affected workers, following specific procedures, and any recovered money must be returned to the fund. The Worker Fund collects another set of fees and fines, and is used to cover administrative and enforcement costs related to the car washing industry. The Department of Industrial Relations can create regulations to execute these rules effectively.