California Assembly Bill AB2750 Amended / Bill

 BILL NUMBER: AB 2750AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 28, 2014 INTRODUCED BY  Committee on Labor and Employment   (   Roger Hernndez (Chair), Alejo, Chau, Gomez, and Holden   )   Assembly Member   Roger Hernndez  MARCH 13, 2014 An act to  amend Labor Code Section 2055, relating to car washes.   add Section 2066.5 to the   Labor Code, relating to car washes.  LEGISLATIVE COUNSEL'S DIGEST AB 2750, as amended,  Committee on Labor and Employment   Roger Hernndez  . 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. Existing law also requires employers of car washers to post a $150,000 bond for the benefit of the state to compensate employees damaged by the employer's nonpayment of wages, except as specified. Existing law also provides that a successor to an employer that owed wages and penalties to the predecessor's employees is liable for those wages and penalties under specified circumstances.   This bill would require a car wash employer to provide written notice to a successor employer regarding the above provisions prior to the sale or other transfer of the business.   Existing law regulates the employment practices of car washes and 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. Existing law also requires employers of car washers to post a $150,000 bond for the benefit of the state to compensate employees damaged by the employer's nonpayment of wages, except as specified.   This bill would make nonsubstantive changes to this provision.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 2066.5 is added to the   Labor Code   , to read:   2066.5. An employer engaged in car washing and polishing shall notify a successor with written notice of the provisions of this part, including Section 2066, prior to the sale or other transfer of the business.   SECTION 1.   Section 2055 of the Labor Code is amended to read: 2055. The commissioner shall 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 before 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 shall 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.