Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The Labor Commissioner may not register an employer, either
initially or as a renewal, until the employer fully satisfies all conditions of
registration, including the following:
(a) The employer completes, signs, and
submits the application form provided by the Labor Commissioner, "Car Washing
and Polishing Registration Application" [DLSE 666 (09/05)], which is hereby
incorporated by reference. The employer shall sign the application and certify,
under penalty of perjury, that the information he, she, or it has provided on
the application form and in any supplementary documents or information
submitted by the employer in support of the application is true and correct.
Information required on the application includes the following:
(1) Whether the applicant is permissively
self-insured against liability to pay workers' compensation insurance claims as
described in subdivision (d)(1) of this section;
(2) An indication as to whether the
employer's form of legal entity is one of the following:
(A) Sole proprietorship;
(B) General partnership;
(C) Limited partnership;
(D) Limited liability company; or,
(E) Corporation;
(3) The residential address and home
telephone number of every person listed on the form, "Car Washing and Polishing
Registration Application" [DLSE 666 (09/05)] as having any one of the following
positions, titles, responsibilities, or interests:
(A) Sole proprietor;
(B) General partner;
(C) Limited partner;
(D) Limited liability company
member;
(E) Corporate
officer;
(F) A person who exercises
management responsibility in the employer's business, regardless of the form of
legal entity; or,
(G) A person,
except bona fide employees, who has a financial interest of 10 percent or more
in the employer's business, regardless of the form of legal
entity.
(4) If a
corporation or limited liability company, the name and business address of the
agent for service of process;
(5)
Whether the employer or any person having a position, title, responsibility, or
interest identified in subparagraphs (A) through (G) of paragraph (3) of
subdivision (a) of this section and who is so identified on the form "Car
Washing and Polishing Registration Application" [DLSE 666 (09/05)] owes an
employee any unpaid wages, and if so, the employee's name, residential address,
residential telephone number, amount of wages owed, and a description of any
existing payment arrangements;
(6)
Whether the employer or any person having a position, title, responsibility, or
interest identified in subparagraphs (A) through (G) of paragraph (3) of
subdivision (a) of this section and who is so identified on the form "Car
Washing and Polishing Registration Application" [DLSE 666 (09/05)] has any
unpaid judgments outstanding, and if so, the name, address and telephone number
of the judgment creditor, the amount owed, and a description of any existing
payment arrangements;
(7) Whether
the employer or any person having a position, title, responsibility, or
interest identified in subparagraphs (A) through (G) of paragraph (3) of
subdivision (a) of this section and who is so identified on the form "Car
Washing and Polishing Registration Application" [DLSE 666 (09/05)] has an
outstanding lien or lawsuit pending in court against him, her, or it, and if
so, the name, address and telephone number of the lienholder or opposing party,
the type of lien or nature of the lawsuit, the location of the court where the
case is pending, and the current status of the lien or lawsuit;
(8) Whether the employer or any person having
a position, title, responsibility, or interest identified in subparagraphs (A)
through (G) of paragraph (3) of subdivision (a) of this section and who is so
identified on the form "Car Washing and Polishing Registration Application"
[DLSE 666 (09/05)] owes any payroll taxes, personal, partnership, or corporate
income taxes, social security taxes, or disability insurance contributions, and
if so, the type of tax or contribution owed, the agency to whom the tax or
contribution is owed, the amount owed, and a description of any payment
arrangements;
(9) Whether the
employer or any person having a position, title, responsibility or interest
identified in subparagraphs (A) through (G) of paragraph (3) of subdivision (a)
of this section and who is so identified on the form "Car Washing and Polishing
Registration Application" [DLSE 666 (09/05)] has ever been cited or assessed a
penalty for violating any provision of the California Labor Code or an order of
the Industrial Welfare Commission regulating wages, hours and working
conditions, and if so, the name of the person or business, or both, that was
cited or assessed, the date, nature, and amount of the citation or assessment,
the disposition of the citation or assessment, if any, whether or not an appeal
challenging the citation or assessment was filed, and if so, whether the
citation or assessment was upheld on appeal, and if upheld, whether the
citation or assessment has been paid, and if paid, the date on which it was
paid;
(b) The employer
obtains a surety bond ensuring the payment of wages, interest on wages,
gratuities, and fringe benefits of its employees.
(1) Except as provided in paragraph (3) of
subdivision (b) of this section, the bond shall be in the principal sum equal
to fifteen thousand dollars ($15,000.00).
(2) The bond must be issued by a surety
company licensed to do business in the State of California, and the original
bond must be filed with the Labor Commissioner along with the application for
registration. The bond must be in favor of, and payable to the "People of the
State of California," and 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 a violation of Labor Code Section
351(gratuities)
or 353 (accurate record keeping of gratuities), or both. The bond shall be on a
form provided by the Labor Commissioner, "Car Wash Bond" [DLSE 668 (09/05)],
which is hereby incorporated by reference.
(3) The Labor Commissioner may determine that
the principal sum of the surety bond be an amount greater than that described
in paragraph (1) of subdivision (b) of this section. If the Labor Commissioner
makes such a determination, he or she will serve written notice of the
increased amount on the employer at least 30 calendar days prior to the date.
Service of the notice may be by regular first-class mail. Factors the Labor
Commissioner may consider in determining that a surety bond be in an amount
greater than that described in paragraph (1) of subdivision (b) of this section
include, history of violations including matters such as wage claims, orders,
decisions, or awards of the Labor Commissioner, final determinations of the
Labor Commissioner in retaliation or discrimination complaints, and final
judgments of any type against the employer, and the size of the employer's
business, including number of employees and/or branch
locations.
(c) The
employer presents the Labor Commissioner, along with the application for
registration, with proof of compliance with the local government's business
licensing or regional regulatory requirements. For purposes of this
subdivision, "proof of compliance with the local government's business
licensing or regional regulatory requirements" includes a copy of the
employer's business license issued by the local government's business licensing
or regional regulatory authority, or both, and such other licenses or permits
required by those authorities in order for the employer to operate a car
washing and polishing business in that jurisdiction.
(d) The employer presents the Labor
Commissioner along with the application for registration with either of the
following:
(1) A copy of the certificate from
the Director of the Department of Industrial Relations consenting to the
employer being self-insured against liability to pay compensation under the
State's workers' compensation laws either as an individual employer, or as one
employer in a group of employers; or,
(2) A certificate of insurance evidencing
that a current workers' compensation insurance policy issued by an insurance
company licensed to do business in the State of California is in effect for its
employees.
(e) The
employer completes and submits to the Internal Revenue Service, the form
entitled, "Tax Information Authorization." Form 8821 (4/04), Department of
Treasury, Internal Revenue Service. The applicant must submit the completed
form to the address of the Internal Revenue Service specified on that form. The
Labor Commissioner will provide this form to all persons who are sent the "Car
Washing and Polishing Registration Application" [DLSE 666 (09/05)] or to any
person who makes a written or oral request to the office of the Labor
Commissioner for a copy of Form 8821 (4/04).
(f) The employer presents the Labor
Commissioner, along with the application for registration, with payment of the
annual registration fee and annual assessment established pursuant to Labor
Code subsections 2059(a) and (b), respectively.
(g) The employer has fully complied with any
citation issued by the Labor Commissioner after the citation is final and has
been served on the employer.
(h)
The employer presents the Labor Commissioner, along with the application for
registration, with a complete registration packet.
1. New
section filed 11-22-2005; operative 12-22-2005 (Register 2005, No.
47).
Note: Authority cited: Sections
55, 59, 95 and 98.8, Labor Code.
Reference: Sections 2054, 2055, 2059, 2060, 2061 and 2062, Labor
Code.
