Today's Law As Amended


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AB-2063 Employment: car washes: online registration.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 2054 of the Labor Code is amended to read:

2054.
 (a)  Every employer shall register with the commissioner annually.
(b) The application may be made by mail or online.
(c) The commissioner shall develop and provide a registration form that may be completed online and provide for the payment of registration fees electronically on the Internet Web site of the Department of Industrial Relations.

SEC. 2.

 Section 2055 of the Labor Code is amended to read:

2055.
 The commissioner shall may  not permit any employer to register, or to renew registration, 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 not  be not  less than one hundred fifty thousand dollars ($150,000). The employer shall file a copy of the bond with the commissioner. A copy of the bond required by this section may be filed electronically when the registration is submitted online pursuant to Section 2054. 
(1) The bond required by this section shall be in favor of, and payable to, to  the people of the State of California, 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 prior to 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 may  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. A copy of the insurance policy may be filed electronically when the registration is submitted online pursuant to Section 2054. 
(d) The employer has paid the fees established pursuant to Section 2059. Fees may be paid electronically when the registration is submitted online pursuant to Section 2054. 

SEC. 3.

 Section 2056 of the Labor Code is amended to read:

2056.
 (a)  When a certificate of registration is originally issued or renewed under this chapter, the commissioner shall provide related and supplemental information to the registrant regarding business administration and applicable labor laws.
(b) If the employer submits the registration online, the commissioner may provide the information in subdivision (a) to the employer electronically.

SEC. 4.

 Section 2057 of the Labor Code is amended to read:

2057.
 Proof of registration shall be by an official Division of Labor Standards Enforcement registration form. The proof of registration shall also be available in a form that may be printed from the Internet Web site of the Department of Industrial Relations.  Each employer shall post the registration form where it may be read by the employees during the workday.

SEC. 5.

 Section 2061 of the Labor Code is amended to read:

2061.
 The commissioner may not approve the registration of any employer until all of the following conditions are satisfied:
(a) The employer has executed a written or online  application, in a form prescribed by the commissioner, subscribed, and sworn by the employer containing the following:
(1) The name of the business entity and, if applicable, its fictitious or “doing business as” name.
(2) The form of the business entity and, if a corporation, all of the following:
(A) The date of incorporation.
(B) The state in which incorporated.
(C) If a foreign corporation, the date the articles of incorporation were filed with the California Secretary of State.
(D) Whether the corporation is in good standing with the Secretary of State.
(3) The federal employer identification number (FEIN) and the state employer identification number (SEIN) of the business.
(4) The business’ address and telephone number and, if applicable, the addresses and telephone numbers of any branch locations.
(5) Whether the application is for a new or renewal registration and, if the application is for a renewal, the prior registration number.
(6) The names, residential addresses, telephone numbers, and Social Security numbers of the following persons:
(A) All corporate officers, if the business entity is a corporation.
(B) All persons exercising management responsibility in the applicant’s office, regardless of form of business entity.
(C) All persons, except bona fide employees on regular salaries, who have a financial interest of 10 percent or more in the business, regardless of the form of business entity, and the actual percent owned by each of those persons.
(7) The policy number, effective date, expiration date, and name and address of the carrier of the applicant business’ current workers’ compensation coverage.
(8) Whether any persons named in response to subparagraphs (A), (B), or (C) of subparagraph (6) of this section presently:
(A) Owe any unpaid wages.
(B) Have unpaid judgments outstanding.
(C) Have any liens or suits pending in court against himself or herself.
(D) Owe payroll taxes, or personal, partnership, or corporate income taxes, Social Security taxes, or disability insurance.
An applicant who answers affirmatively to any item described in paragraph (8) shall provide, as part of the application, additional information on the unpaid amounts, including the name and address of the party owed, the amount owed, and any existing payment arrangements.
(9) Whether any persons named in response to subparagraphs (A), (B), or (C) of paragraph (6) of this section have ever been cited or assessed any penalty for violating any provision of the Labor Code.
An applicant who answers affirmatively to any item described in paragraph (9) shall provide additional information, as part of the application, on the date, nature of citation, amount of penalties assessed for each citation, and the disposition of the citation, if any. The application shall describe any appeal filed. If the citation was not appealed, or if it was upheld on appeal, the applicant shall state whether the penalty assessment was paid.
(b) The employer has paid a registration fee to the commissioner pursuant to subdivision (d) of Section 2055.