BILL NUMBER: AB 236	CHAPTERED
	BILL TEXT

	CHAPTER  223
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 3, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN SENATE  AUGUST 26, 2009
	AMENDED IN SENATE  JUNE 25, 2009

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 6, 2009

   An act to amend Sections 2051 and 2067 of the Labor Code, relating
to car washes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 236, Swanson. Employment: car washes.
   Existing law, until January 1, 2010, regulates the employment
practices of car washes and defines the term "employer" for the
purpose of those provisions.
   This bill would extend that repeal date to January 1, 2014, and
would specify that a new motor vehicle dealer or an automotive repair
dealer, as those terms are defined, is not an employer for purposes
of these regulatory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2051 of the Labor Code is amended to read:
   2051.  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.
  SEC. 2.  Section 2067 of the Labor Code is amended to read:
   2067.  This part shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.