The following definitions shall apply to the provisions contained in this subchapter 11:
(a) "Business days" has the same meaning as defined in Section 9 of the California Civil Code.
(b) "Branch" means a separate location of the employer's business where employees carry out car washing and polishing operations as specified in subdivision (a) of Labor Code Section 2051, including the employer's main or central location.
(c) "Damaged" means the suffering of a loss or diminution of what is the employee's own by reason of the employer's failure to pay wages and penalties.
(d) "Other related damages" means a loss suffered by an employee or diminution of what is the employee's own by reason of some action or inaction on the part of the employer other than the employer's failure to pay wages and penalties, and includes interest on wages, fringe benefits, gratuities, reporting time pay, reimbursable business expenses, and the one hour of pay an employer is required to pay an employee if the employer fails to provide the employee with a meal period or rest period in accordance with an applicable order of the Industrial Welfare Commission. "Other related damages" includes only those damages or losses for which recovery can be sought pursuant to laws enforced by the Labor Commissioner, and excludes all others.
(e) "Registration packet" means the "Car Washing and Polishing Registration Application [DLSE 666 (9/05)] which is hereby incorporated by reference and the group of documents and items listed below in (e)(1) through (14) as applicable. The registration packet shall be delivered to the Labor Commissioner in order for the application to be processed by the Labor Commissioner.
(1) A surety bond as specified in subdivisions (b)(1), (2) and (3) of section 13682 of this subchapter 11;
(2) Proof of compliance with the local government's business licensing or regional regulatory requirements;
(3) Annual registration fee as set forth in subdivision (a) of section 13683 of this subchapter 11;
(4) Annual assessment as set forth in subdivision (c) of section 13683 of this subchapter 11;
(5) A valid workers'compensation insurance certificate or a copy of the certificate from the Director of the Department of Industrial Relations consenting to the applicant being self insured;
(6) A copy of the signed contract between applicant and the employee leasing company, if the applicant intends to contract with an employee leasing company as the employer;
(7) A current workers' compensation insurance certificate provided by the employee leasing company, if the applicant intends to contract with an employee leasing company as the employer;
(8) A copy of the fictitious business name statement(s) applicant uses or intends to use;
(9) A copy of applicant's state employer identification number (SEIN) or a copy of applicant's application for a SEIN;
(10) A copy of applicant's federal employer identification number (FEIN) or a copy of applicant's application for a FEIN;
(11) A copy of the articles of incorporation, if a corporation;
(12) A copy of the statement of information by a domestic stock corporation, if a corporation;
(13) A copy of the articles of organization, if a limited liability company; and
(14) A sample form of the contract and the 24-hour cancellation notice applicant uses or intends to use, if an employee leasing company.
<General Materials (GM) - References, Annotations, or Tables>
Note: Authority cited: Section 55, 59, 95 and 98.8, Labor Code. Reference: Sections 2055(b)(1), 2059(a) and (b), 2061(a)(4) and 2065(a)(2), Labor Code.
1. New subchapter 11 (sections 13680-13694) and section filed 11-22-2005;
operative 12-22-2005 (Register 2005, No. 47).
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