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CarWash College Monthly Tip - "The Sizzle"
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Meetings Yield Effective Communications
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President's Letter - Spring 2012
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Legislative Update - Spring 2012
Minimum Wage Hike Not the Answer!
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CarWash College Monthly Tip - Social Media Marketing is a Must!
The History Channel's Modern Marvels series "Car Wash" showcases our industry
Monthly Reminders
May 2012
* Shut off any electric heat tapes, line elimination devices or other equipment designed to prevent freezing during the winter.....save on electricity!
*Run an ad for detailing
* Yard cleanup; leaf and debris pickup, rake and fertilize any grass areas, mulch and prepare flower beds for planting
* Order flowers they are a cost effective way to dress up any location. Tired of planting every year? Plant annuals they come back on their own year after year.
Do you have a reminder you would like us to post? Send it to us!
Tip: Have you started your saftey binder?.... check out the blog CarWash Safety 101 for more details
News | NYSCWA Legislative Update
NYSCWA Legislative Update - Winter 2012
California’s Carwash Unionization Could
Spread East; Make Sure You Are In
Compliance
By William Y. Crowell, III
California carwash operators in the Los Angeles area were the focus of media attention because some carwash operators failed to pay minimum wages and committed other improper labor practices. As a consequence of a failure to effectively respond to these problems, the California carwash industry is regulated by the Car Wash Worker Law. Under the Car Wash Worker Law each carwash is annually required to submit detailed registration information to the California Division of Labor Standards and Enforcement along with a $250 registration fee, a $50 restitution fund assessment, and a $15,000 surety bond. The restitution and surety bond are in place to assist workers recovery of unpaid wages. The California carwash industry has a regulatory scheme directed specifically at carwashes, beyond the normal regulatory requirements directed to businesses for minimum wages.
Another first in the California carwash industry occurred on October 25, 2011. As reported by the L.A. Times, Bonus Car Wash, located in Santa Monica, became unionized. The Bonus Car Wash employs 30 workers and it was as reported that their agreement provides for a 2 percent raise along with a grievance procedure and standardized rules on wages and hours.
The union organizing effort directed at carwashes in California is under the auspices of the United Steelworkers Union. The CLEAN (Community-Labor-Environmental Action Network) Carwash Campaign, composed of a coalition of not-for-profits along with the United Steelworkers, has focused on unionizing Los Angeles carwash workers (cleancarwashla.org). Organizing carwash workers is a difficult task because most carwashes are individually owned. Despite the practical difficulty, there is a focused and ongoing effort in Los Angeles that is supported by the AFL-CIO.
As an outgrowth of this movement, a Santa Monica City Council member has indicated that he is considering introduction of a local law that would limit washing of city-owned vehicles only at carwashes that pay fair wages.
When the California Division of Labor Standards and Enforcement and the media began to focus on carwash wages and labor practices, it was a warning to New York car ash operators which ultimately came to fruition. A release from the New York State Department of Labor on October 12, 2010, contained the tag line “Continuing focus on car wash industry, Labor Department finds workers paid only $3.75 an hour.” The press release states that, “In 2008, the Labor Department investigated a sample of 84 carwashes statewide, and found high rates of violations, particularly in New York City,
where violation rates of minimum wages and overtime laws were as high as 70 percent." The New York State Labor Department is continuing its investigations of carwash operators.
The point is if as a carwash operator you have any questions about wage and hour issues reach out to your association or the Department of Labor to ensure you are in compliance with the requirements of the Labor Law. Don’t leave compliance issues to chance.
A failure by the New York carwash industry to effectively police itself may result in California consequences. A regulatory scheme targeted specifically to carwash operators would negatively impact the vast majority of operators who follow the Labor Law with paperwork burdens and additional costs. The consequences of not addressing any wage and other improper labor practices potentially would extend to the entire carwash industry in New York State. There is no excuse for not complying with the laws, and operating under the rules that govern every other small business in New York. Your association is ready to assist any members to ensure compliance. If in doubt, give them a call at 518/280-4767 or 800/287-6604 today.
William Y. Crowell is a partner with the Albany-based law firm of Whiteman Osterman & Hanna LLP. He can be reached at 518/487-7677. or via email.