California Labor Code 2065 – (a) The Car Wash Worker Restitution Fund is established in the …
(a) The Car Wash Worker Restitution Fund is established in the State Treasury.
(1) The following moneys shall be deposited into this fund:
Terms Used In California Labor Code 2065
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means Department of Industrial Relations. See California Labor Code 19
- 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. See California Labor Code 2051
- 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
- Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
(A) The annual fee required pursuant to subdivision (b) of Section 2059.
(B) Fifty percent of the fines collected pursuant to Section 2064.
(C) Pursuant to subdivision (b) of Section 2059, an amount equal to 20 percent of the initial registration fee required pursuant to subdivision (a) of Section 2059.
(2) Upon appropriation by the Legislature, the moneys in the fund shall be disbursed by the commissioner only to persons determined by the commissioner to have been damaged by the failure to pay wages and penalties and other damages by any employer.
(A) In making this determination, the Labor Commissioner shall disburse amounts from the fund to ensure the payment of wages, interest, and any damages or other monetary relief arising from the violation of orders of the Industrial Welfare Commission or from a violation of this code, including statutory penalties recoverable by an employee, determined to be due to a car wash worker as a result of a violation of this code by a registered or unregistered car wash business.
(B) Any disbursement shall be made pursuant to a claim for recovery from the fund in accordance with procedures prescribed by the Labor Commissioner.
(C) Any disbursed funds subsequently recovered by the Labor Commissioner from a liable party pursuant to an assignment of the claim to the commissioner for recovery of due amounts, including recovery from a surety under a bond pursuant to Section 2055, or which are otherwise recovered by the Labor Commissioner from a liable party, shall be returned to the fund.
(b) The Car Wash Worker Fund is established in the State Treasury.
(1) The following moneys shall be deposited into this fund:
(A) Fifty percent of the fines collected pursuant to Section 2064.
(B) The initial registration fee required pursuant to subdivision (a) of Section 2059, less the amount specified in subparagraph (C) of paragraph (1) of subdivision (a).
(2) Upon appropriation by the Legislature, the moneys in this fund shall be applied to all direct and indirect costs incurred by the commissioner in administering this part and all direct and indirect costs of enforcement and investigation of the car washing and polishing industry.
(c) The Department of Industrial Relations may establish by regulation those procedures necessary to carry out this section.
(Amended by Stats. 2017, Ch. 28, Sec. 27. (SB 96) Effective June 27, 2017.)