Have you heard about the Property Service Workers Protection Act? This California regulation requires all "janitorial employers" to make some important changes, and failure to comply can result in stiff fines. Here are some key takeaways to help you navigate this important new regulation.
Who does this apply to?
Every janitorial service provider or contractor who meets all of the following criteria:
- Operates as a business in California
- Employs at least one employee and one or more janitors – even if the janitors are independent contractors or franchisees
- Enters into contracts, subcontracts, or franchise arrangements to provide janitorial services
What is required?
Registration
You must register online or by mail and pay a non-refundable $500 fee. Registration is valid for one year and must be renewed every year for an additional $500.
Record Keeping
You also need to keep three years worth of detailed records containing the following information:
- The hours worked daily by each employee, including the times the employee begins and ends each work period.
- The names and addresses of all employees who perform janitorial or cleaning services.
- The wage and hourly rate paid each payroll period.
- The age of all minor employees.
- Any other conditions of employment.
Sexual Harassment Training
Every employee must be provided with sexual harassment preventing training every two years, beginning January 1, 2019. The standards for what is required for sexual harassment prevention training are still being established. For now, you will meet the sexual harassment training requirement by printing distributing this brochure (PDF download) to all employees. (The brochure is also available in Spanish).
What are the consequences if I don't register?
Failure to register and fulfill the new requirements can be very costly for both you and your customers! A janitorial contractor or employer who fails to register is subject to a civil fine of $100 for each calendar day that the employer is unregistered, not to exceed $10,000. Additionally, any business that hires an unregistered janitorial company can be subject to fines of $2,000 to $10,000 for the first violation and up to $25,000 for additional violations.
Additional resources
- Search to see if a company is registered
- Janitorial Registration Frequently Asked Questions from the State of California Department of Industrial Relations
