2011 California Code
Labor Code
DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5]
CHAPTER 1. General Provisions
Section 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.
(Amended by Stats. 2009, Ch. 223, Sec. 1. Effective January 1, 2010. Repealed as of January 1, 2014, pursuant to Section 2067.)
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