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Auto Body Repair in CA

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shamrock09

Junior Member
What is the name of your state (only U.S. law)? California

I just have a question and am looking for some help and direction.
We own a small Auto Body shop (3 of us total) the biz lic. and other documentation show that there are 2 Partners and 1 Employee (this was as of Nov. 08). The one employee and one partner are brothers. We also have a bookkeeper that we pay to manage payroll taxes and all other books for the shop. Recently California has put together a compliance team of Inspectors that range from the BAR, OSHA, IRS, EDD, State Board of Equalization. When they inspected the shop in 08 they stated it's "new" and the compliance board was put together by the state to investigate shops to assure they are in compliance. Needless to say we were fined $3500.00. There were some things I wasn't up to date on for our one employee and a couple small things that OSHA got us for. Today almost 4 months later here they come again, one of the things that we changed from the last visit was making our one employee partner so now we have NO employees and the 3 of us are all partners. We complied with everything the last EDD inspector asked us to do in order to stay in compliance re: payroll. We no longer have payroll since we added the one employee as a Partner (again the partner and employee are brothers). One of our fines were because the paystubs didn't reflect the payroll withholdings. Our bookkeeper previously took care of this and would fax the info over to us as to what we need to withhold. This is no longer applicable as we added the brother to our partnership. Today when the EDD inspector came we provided the necessary paperwork showing the individual was added as a partner but she deemed to herself that he really wasn't a partner. She wanted to fine us and now we appealed it and will have to go to court. This appears to be harrassment to me since they were here just 4 months ago and they didn't present this as a RE-inspection rather this was just an inspection. Where can we find information on how often they can do these inspections and what rights do we have for when they come in and take up 2 hours of our time. Because the EDD person deemed the partnership isn't really a partnership even though it's in black and white on paper and filed with all the propper places the OSHA person said they needed to inspect the shop because she deems we have one employee. After his inspection he asked us to provide paperwk we just sent him 4 months ago. When we explained we just sent this he said unfortunately we will have to do it again....Can they do this and WHY?
 



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