Bill Text: CA AB132 | 2011-2012 | Regular Session | Amended

California Assembly Bill 132 (Prior Session Legislation)

Bill Title: Car washes: regulations: civil penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB132 Detail]

Download: California-2011-AB132-Amended.html

BILL NUMBER: AB 132	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2011

INTRODUCED BY   Assembly Member Logue

                        JANUARY 11, 2011

   An act to amend Section 2064 of the Labor Code, relating to car
washes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 132, as amended, Logue. Car washes: regulations: civil
penalties.
   Existing law requires an employer engaged in the business of car
washing and polishing to register annually with the Division of Labor
Standards and Enforcement within the Department of Industrial
Relations. An employer who fails to register or renew his or her
registration is subject to a specified civil fine. 
   This bill would require the Labor Commissioner to notify an
employer engaged in the business of car washing and polishing who has
failed to register of the requirement to register and of his or her
failure to register prior to subjecting the employer to a civil fine.
If the employer fails to register within 60 days of receiving that
notification, he or she may thereafter be subject to the civil fine.
 
   This bill would permit the Labor Commissioner to increase or
decrease the amount of the civil fine, up to a specified maximum, if
the failure to register was knowing or intentional and there are
additional wage violations by the employer. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 2064 of the Labor Code is amended to read:
   2064.  (a)  If the commissioner discovers that an employer
has failed to register pursuant to this chapter, he or she shall
promptly notify, in writing, the employer of the requirement to
register and of the employer's failure to register pursuant to this
chapter. 
    (b)    An employer who fails to
register  within 60 days of receiving the notification
required by subdivision (a), or who fails to renew his or her annual
registration, may be   pursuant to Section 2054 is 
subject to a civil fine of  up to  one hundred
dollars ($100) for each calendar day, not to exceed ten thousand
dollars ($10,000), the employer conducts car washing and polishing
while unregistered. 
   (b) The commissioner may reduce the amount of a fine under this
section if he or she determines both of the following:  
   (1) The failure to register was not intentional or knowing. 

   (2) The employer is guilty of no other wage and hour law
violations and agrees to a payroll audit.  
   (c) The commissioner may increase a fine under this section up to
two hundred fifty dollars ($250) for each calendar day, not to exceed
twenty-five thousand dollars ($25,000), if he or she determines both
of the following:  
   (1) The failure to register was intentional or made to evade wage
and hour laws.  
   (2) The employer is guilty of other wage and hour law violations.