Bill Text: CA AB2063 | 2013-2014 | Regular Session | Amended
Bill Title: Employment: car washes: online registration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB2063 Detail]
Download: California-2013-AB2063-Amended.html
BILL NUMBER: AB 2063 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Chávez
FEBRUARY 20, 2014
An act to amend Section 511 Sections 2054,
2055, 2056, 2057, and 2061 of the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2063, as amended, Chávez. Employment: wages and hours:
alternative workweek schedules. car washes: online
registration.
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
also requires employers of car washers to post a surety bond, to
register with the Labor Commissioner, and pay a specified
registration fee as well as an annual fee, or be subject to a
specified civil fine.
This bill would authorize employers to submit their application
for registration, fees, and supporting documentation online and would
require the Labor Commissioner to develop and provide a form and
procedure for online registration.
Existing law, with certain exceptions, establishes 8 hours as a
day's work and a 40-hour workweek, and requires payment of prescribed
overtime compensation for additional hours worked. Existing law
authorizes the adoption by an affirmative vote of at least 2/3 of
affected employees in a work unit of alternative workweek schedules
providing for workdays no longer than 10 hours within a 40-hour
workweek without the payment to those employees of overtime wages.
This bill would make nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2054 of the Labor
Code is amended to read:
2054. (a) Every employer shall register
with the commissioner annually.
(b) The application may be made by mail or online.
(c) The commissioner shall develop and provide a registration form
that may be completed online and provide for the payment of
registration fees electronically on the Internet Web site of the
Department of Industrial Relations.
SEC. 2. 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. A copy of the bond required by this
section may be filed electronically when the registration is
submitted online pursuant to Section 2054.
(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. A
copy of the insurance policy may be filed electronically when the
registration is submitted online pursuant to Section 2054.
(d) The employer has paid the fees established pursuant to Section
2059. Fees may be paid electronically when the registration is
submitted online pursuant to Section 2054.
SEC. 3. Section 2056 of the Labor Code
is amended to read:
2056. (a) When a certificate of
registration is originally issued or renewed under this chapter, the
commissioner shall provide related and supplemental information to
the registrant regarding business administration and applicable labor
laws.
(b) If the employer submits the registration online, the
commissioner may provide the information in subdivision (a) to the
employer electronically.
SEC. 4. Section 2057 of the Labor Code
is amended to read:
2057. Proof of registration shall be by an official Division of
Labor Standards Enforcement registration form. The proof of
registration shall also be available in a form that may be printed
from the Internet Web site of the Department of Industrial Relations.
Each employer shall post the registration form where it may be
read by the employees during the workday.
SEC. 5. Section 2061 of the Labor Code
is amended to read:
2061. The commissioner may not approve the registration of any
employer until all of the following conditions are satisfied:
(a) The employer has executed a written or online
application, in a form prescribed by the commissioner, subscribed,
and sworn by the employer containing the following:
(1) The name of the business entity and, if applicable, its
fictitious or "doing business as" name.
(2) The form of the business entity and, if a corporation, all of
the following:
(A) The date of incorporation.
(B) The state in which incorporated.
(C) If a foreign corporation, the date the articles of
incorporation were filed with the California Secretary of State.
(D) Whether the corporation is in good standing with the Secretary
of State.
(3) The federal employer identification number (FEIN) and the
state employer identification number (SEIN) of the business.
(4) The business' address and telephone number and, if applicable,
the addresses and telephone numbers of any branch locations.
(5) Whether the application is for a new or renewal registration
and, if the application is for a renewal, the prior registration
number.
(6) The names, residential addresses, telephone numbers, and
Social Security numbers of the following persons:
(A) All corporate officers, if the business entity is a
corporation.
(B) All persons exercising management responsibility in the
applicant's office, regardless of form of business entity.
(C) All persons, except bona fide employees on regular salaries,
who have a financial interest of 10 percent or more in the business,
regardless of the form of business entity, and the actual percent
owned by each of those persons.
(7) The policy number, effective date, expiration date, and name
and address of the carrier of the applicant business' current workers'
compensation coverage.
(8) Whether any persons named in response to subparagraphs (A),
(B), or (C) of subparagraph (6) of this section presently:
(A) Owe any unpaid wages.
(B) Have unpaid judgments outstanding.
(C) Have any liens or suits pending in court against himself or
herself.
(D) Owe payroll taxes, or personal, partnership, or corporate
income taxes, Social Security taxes, or disability insurance.
An applicant who answers affirmatively to any item described in
paragraph (8) shall provide, as part of the application, additional
information on the unpaid amounts, including the name and address of
the party owed, the amount owed, and any existing payment
arrangements.
(9) Whether any persons named in response to subparagraphs (A),
(B), or (C) of paragraph (6) of this section have ever been cited or
assessed any penalty for violating any provision of the Labor Code.
An applicant who answers affirmatively to any item described in
paragraph (9) shall provide additional information, as part of the
application, on the date, nature of citation, amount of penalties
assessed for each citation, and the disposition of the citation, if
any. The application shall describe any appeal filed. If the citation
was not appealed, or if it was upheld on appeal, the applicant shall
state whether the penalty assessment was paid.
(b) The employer has paid a registration fee to the commissioner
pursuant to subdivision (d) of Section 2055.
SECTION 1. Section 511 of the Labor Code is
amended to read:
511. (a) Upon the proposal of an employer, the employees of that
employer may adopt a regularly scheduled alternative workweek that
authorizes work by the affected employees for no longer than 10 hours
per day within a 40-hour workweek without the payment to the
affected employees of an overtime rate of compensation pursuant to
this section. A proposal to adopt an alternative workweek schedule
shall be deemed adopted only if it receives approval in a secret
ballot election by at least two-thirds of affected employees in a
readily identifiable work unit. The regularly scheduled alternative
workweek proposed by an employer for adoption by employees may be a
single work schedule that would become the standard schedule for
workers in the work unit, or a menu of work schedule options, from
which each employee in the unit would be entitled to choose.
Notwithstanding subdivision (c) of Section 500, the menu of work
schedule options may include a regular schedule of eight-hour days
that are compensated in accordance with subdivision (a) of Section
510. Employees who adopt a menu of work schedule options may, with
employer consent, move from one schedule option to another on a
weekly basis.
(b) An affected employee working longer than eight hours but not
more than 12 hours in a day pursuant to an alternative workweek
schedule adopted pursuant to this section shall be paid an overtime
rate of compensation of no less than one and one-half times the
regular rate of pay of the employee for any work in excess of the
regularly scheduled hours established by the alternative workweek
agreement and for any work in excess of 40 hours per week. An
overtime rate of compensation of no less than double the regular rate
of pay of the employee shall be paid for any work in excess of 12
hours per day and for any work in excess of eight hours on those days
worked beyond the regularly scheduled workdays established by the
alternative workweek agreement. Nothing in this section requires an
employer to combine more than one rate of overtime compensation in
order to calculate the amount to be paid to an employee for any hour
of overtime work.
(c) An employer shall not reduce an employee's regular rate of
hourly pay as a result of the adoption, repeal, or nullification of
an alternative workweek schedule.
(d) An employer shall make a reasonable effort to find a work
schedule not to exceed eight hours in a workday, in order to
accommodate any affected employee who was eligible to vote in an
election authorized by this section and who is unable to work the
alternative schedule hours established as the result of that
election. An employer shall be permitted to provide a work schedule
not to exceed eight hours in a workday to accommodate any employee
who was hired after the date of the election and who is unable to
work the alternative schedule established as the result of that
election. An employer shall explore any available reasonable
alternative means of accommodating the religious belief or observance
of an affected employee that conflicts with an adopted alternative
workweek schedule, in the manner provided by subdivision (j) of
Section 12940 of the Government Code.
(e) The results of any election conducted pursuant to this section
shall be reported by an employer to the Division of Labor Standards
Enforcement within 30 days after the results are final.
(f) Any type of alternative workweek schedule that is authorized
by this code and that was in effect on January 1, 2000, may be
repealed by the affected employees pursuant to this section. Any
alternative workweek schedule that was adopted pursuant to Wage Order
Number 1, 4, 5, 7, or 9 of the Industrial Welfare Commission is null
and void, except for an alternative workweek providing for a regular
schedule of no more than 10 hours' work in a workday that was
adopted by a two-thirds vote of affected employees in a secret ballot
election pursuant to wage orders of the Industrial Welfare
Commission in effect prior to 1998. This subdivision does not apply
to exemptions authorized pursuant to Section 515.
(g) Notwithstanding subdivision (f), an alternative workweek
schedule in the health care industry adopted by a two-thirds vote of
affected employees in a secret ballot election pursuant to Wage Order
Numbers 4 and 5 in effect prior to 1998 that provided for workdays
exceeding 10 hours but not exceeding 12 hours in a day without the
payment of overtime compensation shall be valid until July 1, 2000.
An employer in the health care industry shall make a reasonable
effort to accommodate any employee in the health care industry who is
unable to work the alternative schedule established as the result of
a valid election held in accordance with provisions of Wage Order
Number 4 or 5 that were in effect prior to 1998.
(h) Notwithstanding subdivision (f), if an employee is voluntarily
working an alternative workweek schedule providing for a regular
work schedule of not more than 10 hours' work in a workday as of July
1, 1999, an employee may continue to work that alternative workweek
schedule without the entitlement of the payment of daily overtime
compensation for the hours provided in that schedule if the employer
approves a written request of the employee to work that schedule.
(i) For purposes of this section, "work unit" includes a division,
a department, a job classification, a shift, a separate physical
location, or a recognized subdivision thereof. A work unit may
consist of an individual employee as long as the criteria for an
identifiable work unit in this section are met.
