Bill Text: CA AB1387 | 2013-2014 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Car washes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-11 - Chaptered by Secretary of State - Chapter 751, Statutes of 2013. [AB1387 Detail]

Download: California-2013-AB1387-Enrolled.html

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BILL NUMBER: AB 1387	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 6, 2013
	PASSED THE ASSEMBLY  MAY 29, 2013
	AMENDED IN ASSEMBLY  APRIL 18, 2013

INTRODUCED BY   Assembly Member Roger Hernández

                        MARCH 4, 2013

   An act to amend Section 2055 of, and to repeal Section 2067 of the
Labor Code, relating to car washes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1387, Roger Hernández. Car washes.
   Existing law regulates the employment practices of car washes,
including providing specific recordkeeping requirements that
employers of car washers must implement with regard to car washer
wages, hours, and working conditions, under the enforcement authority
of the Division of Labor Standards and Enforcement. Existing law
requires employers of car washers to register with the Labor
Commissioner and pay a specified registration fee, or be subject to a
specified civil fine. The fines and registration fees are deposited
into the Car Wash Worker Restitution Fund and the Car Wash Worker
Fund and, upon appropriation by the Legislature are made available to
be disbursed by the commissioner, as specified, and to be applied to
costs incurred by the commissioner in administering these
provisions. Existing law also requires employers of car washes to
post a $15,000 bond for the benefit of the state to compensate
employees damaged by the employer's nonpayment of wages. Existing law
repeals these provisions on January 1, 2014.
   This bill would increase the employer's bond requirement amount to
$150,000, but would exempt an employer from that requirement if the
employer has a collective bargaining agreement in place that meets
specified criteria.
   This bill would also delete the repeal date of the provisions
described above, thus extending those provisions indefinitely.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2055 of the Labor Code is amended to read:
   2055.  The commissioner may not permit any employer to register,
nor may the commissioner permit any employer to renew registration
until all of the following conditions are satisfied:
   (a) The employer has applied for registration to the commissioner
by presenting proof of compliance with the local government's
business licensing or regional regulatory requirements.
   (b) The employer has obtained a surety bond issued by a surety
company admitted to do business in this state. The principal sum of
the bond shall be not less than one hundred fifty thousand dollars
($150,000). The employer shall file a copy of the bond with the
commissioner.
   (1) The bond required by this section shall be in favor of, and
payable to the people of the State of California and shall be for the
benefit of any employee damaged by his or her employer's failure to
pay wages, interest on wages, or fringe benefits, or damaged by
violation of Section 351 or 353.
   (2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send written
notice to both the employer and the commissioner, identifying the
bond and the date of the cancellation or termination.
   (3) An employer may not conduct any business until the employer
obtains a new surety bond and files a copy of it with the
commissioner.
   (4) This subdivision shall not apply to an employer covered by a
valid collective bargaining agreement, if the agreement expressly
provides for all of the following:
   (A) Wages.
   (B) Hours of work.
   (C) Working conditions.
   (D) An expeditious process to resolve disputes concerning
nonpayment of wages.
   (c) The employer has documented that a current workers'
compensation insurance policy is in effect for the employees.
   (d) The employer has paid the fees established pursuant to Section
2059.
  SEC. 2.  Section 2067 of the Labor Code is repealed.