Allegedly Forcing Workers to Toil Off the Clock Lands Car Wash in Hot Water

Fresno, CA The iconic lyrics of Rose Royce’s “Car Wash” notwithstanding, a car wash can be a challenging place to work at the best of times: it’s always damp, the pay is low and the work often backbreaking and thankless. “You might not ever get rich, but let me tell ya it’s better than diggin’ a ditch…” All hands may not agree with that last statement. However, California labor law sets out various tenets and regulations for car wash workers in an attempt to make the work at least fair if not palatable.

All too often, however, employers fall down on that basic basket of rights, as a recent California labor lawsuit aptly demonstrates. According to the Fresno Bee (3/12/13), White Glove Car Wash is facing a lawsuit filed by the Office of the Labor Commissioner of California for failure to pay adequate wages to 33 workers employed at the Blackstone Avenue facility in Fresno.

The allegation is that White Glove failed to pay its workers minimum wage and overtime. The lawsuit was filed in Fresno County Superior Court and is seeking in excess of $279,000 in unpaid wages, penalties and damages.

An investigation into allegations of misconduct and affronts to the California labor code was undertaken by the Labor Commissioner’s office and the Department of Industrial Relations (DIR). The investigation found that workers - having started work - were often delayed in “clocking in” at the behest of a supervisor. Given that the hourly paid employees were not allowed to clock in, independently, until instructed by a supervisor, many employees worked several hours in a week off the clock, and for which they were allegedly not paid.

In some cases, according to the California and labor law report, employees would put in eight full hours of work and be paid only four.

“Making workers stand by for work without paying them, and covering up the violation by keeping false time cards, is a breach of the basic promise of a just day’s pay for a hard day’s work,” said Julie A. Su, California labor commissioner, in comments defending California labor employment law.

Those comments were echoed by Christine Baker, director of the Department of Industrial Relations. “Employers who deny workers the pay they’ve earned will be held accountable,” said Baker. “These illegal actions hurt not only the employees, but also honest businesses and taxpayers.”

It was reported that the Labor Commissioner’s office has been cracking down on the car wash industry of late, given the increasing and repeated violations of California employee labor law.

Various federal and state statutes govern the workplace in an effort to ensure workers are treated fairly. Su’s office has been noticeably aggressive in pursuing complaints of wrongdoing under California prevailing wage law and other statues, in an effort to protect not only affected workers, but also to support law-abiding employers who lose business to more cutthroat employers able to charge lower prices due to lower costs - costs borne on the backs of their workers.

Employees who suspect ill treatment and violations to California state labor laws are urged to seek a qualified attorney to pursue a claim.