Chapter 1. General Provisions of California Labor Code >> Division 2. >> Part 8.5. >> Chapter 1.
The enactment of this part is an exercise of the police power
of the State of California for the protection for the public
welfare, prosperity, health, safety, and peace of its people. The
civil penalties provided by this chapter are in addition to any other
penalty provided by law.
As used in this part:
(a) "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.
(b) (1) "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.
(2) "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.
(c) "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.
(d) "Commissioner" means the Labor Commissioner.
Every employer shall keep accurate records for three years,
showing all of the following:
(a) The names and addresses of all employees engaged in rendering
actual services for any business of the employer.
(b) The hours worked daily by each employee, including the times
the employee begins and ends each work period.
(c) All gratuities received daily by the employer, whether
received directly from the employee or indirectly by deduction from
the wages of the employee or otherwise.
(d) The wage and wage rate paid each payroll period.
(e) The age of all minor employees.
(f) Any other conditions of employment.
The Division of Labor Standards and Enforcement shall enforce
this chapter. The commissioner may adopt any regulations necessary
to carry out the provisions of this chapter.