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2009 Legislation Affecting Car Washing and Polishing Businesses
AB 236 (Chapter 223, Statutes of 2009), with an effective date of January 1, 2010, amended Sections 2051 and 2067 to the Labor Code. The Bill extends the requirement of registration for car washing and polishing businesses to January 1, 2014. In addition, the Bill has clarified and added definitions of “employers” subject to and excluded from the requirements of registration, as well as the definition of “employees” as follows:
- Labor Code section 2051(a) provides: “Car washing and polishing” means washing, cleaning, drying, polishing, detailing, servicing, or otherwise providing cosmetic care to vehicles. “Car washing and polishing” does not include motor vehicle repair, as defined in Section 9880.1 of the Business and Professions Code.
- Labor Code section 2051(b)(1) provides: "Employer" means any individual, partnership, corporation, limited liability company, joint venture, or association engaged in the business of car washing and polishing that engages any other individual in providing those services.
- "Employer" does not include any charitable, youth, service, veteran, or sports group, club, or association that conducts car washing and polishing on an intermittent basis to raise funds for charitable, education, or religious purposes.
- "Employer" does not include any licensed vehicle dealer or car rental agency that conducts car washing and polishing ancillary to its primary business of selling, leasing, or servicing vehicles.
- "Employer" does not include either a new motor vehicle dealer, as defined in Section 426 of the Vehicle Code, that is primarily engaged in the business of selling, leasing, renting, or servicing vehicles or an automotive repair dealer, as defined by subdivision (a) of Section 9880.1 of the Business and Professions Code, who is primarily engaged in the business of repairing and diagnosing malfunctions of motor vehicles.
- "Employer" does not include any self-service car wash or automated car wash that has employees for cashiering or maintenance purposes only.
Labor Code section 2051(c)provides: "Employee" means any person, including an alien or minor, who renders actual car washing and polishing services in any business for an employer, whether for tips or for wages, and whether wages are calculated by time, piece, task, commission, or other method of calculation, and whether the services are rendered on a commission, concessionaire, or other basis
See AB 236 for full text of Bill.