California Labor Code 2051 – As used in this part:(a) “Car washing and polishing” means …
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 § 9880.1 of the Business and Professions Code.
Terms Used In California Labor Code 2051
- Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
- Car washing and polishing: means washing, cleaning, drying, polishing, detailing, servicing, or otherwise providing cosmetic care to vehicles. See California Labor Code 2051
- Commissioner: means the Labor Commissioner. See California Labor Code 2051
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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. See California Labor Code 2051
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
(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 § 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 § 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 a minor or a person who is not a citizen or national of the United States, 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. 2021, Ch. 296, Sec. 39. (AB 1096) Effective January 1, 2022.)