Janitorial Registration Frequently Asked Questions

  1. When are janitorial service providers required to register with the Labor Commissioner’s Office?
  2. New registration requirements of the Property Service Workers Protection Act go into effect beginning July 1, 2018. Janitorial service providers and contractors must register by October 1, 2018 to comply with the law and avoid incurring penalties. The registration is valid for one year and must be renewed annually by the month and day of the original registration’s issuance.

  3. Who must register as a janitorial service provider or contractor?
  4. • Any person or entity who meets the statutory definition of employer must register yearly with the Labor Commissioner’s Office. The Act defines a janitorial “employer” to mean anyone that employs at least one covered worker or otherwise engages by contracts, subcontracts, or franchise arrangements for the provision of janitorial services by one or more covered workers.

    Examples of businesses required to register:

    • A janitorial service provider that does not employ any employees and enters into a franchise agreement or other contract to perform janitorial services.
    • A janitorial service provider that provides janitorial services for commercial establishments including, but not limited to, office buildings and does not employ any employees.
    • A janitorial service provider that employs office staff to manage the business, and janitors to service the buildings of the provider’s clients.
    • A janitorial contractor that employs janitors to perform janitorial services for some clients, and hires franchisees to perform janitorial services for other clients.
    • A janitorial service provider that employs a bookkeeper and engages independent contractors to perform janitorial work at clients’ buildings.
    • A staffing agency that employs employees to meet a variety of labor needs for its clients, including janitors who perform janitorial work.
    • A janitorial broker that employs administrative staff in its office and contracts with janitorial businesses to provide janitorial services to clients, which are performed by covered workers.

    Examples of businesses not required to register:

    • A person or entity that only cleans residential dwellings, including private residences, condos or mobile homes.
    • A business that contracts for the provision of janitorial services by one or more covered workers where the business itself is the recipient of the services. For example, if a restaurant engages a janitorial contractor to provide cleaning services at the restaurant after closing every evening, the restaurant is not required to register.

    Note: The statutory definition of “employer” in Labor Code section 1420(e)(1) does not contain exceptions for certain types of janitorial services providers.  The Labor Commissioner’s Office has received numerous inquiries about whether certain entities, such as a professional employer organization (PEO) or a non-profit organization are required to register. Any entity that meets the statutory definition of “employer” shown above is required to register. However, see FAQ below regarding public entities.

  5. What is a covered worker?
  6. A covered worker is any individual working predominantly as a janitor, whether as an employee, independent contractor, or a franchisee. The term janitor is defined in the Service Contract Act Directory of Occupations maintained by the United States Department of Labor (Labor Code Section 1420(a)(1)).

  7. How can janitorial employers register or renew their registration?
  8. Janitorial employers can register for the first time or renew their registration by completing an application online or by mail.

  9. What is the registration fee?
  10. The fee is $500. First time applicants must pay a nonrefundable $500 application fee. Applications will not be processed without proper payment. The fee covers the cost of administering and enforcing the janitorial registration program.

    Janitorial service providers and contractors must register by October 1, 2018 to comply with the law and avoid incurring penalties.

    The registration is valid for one year and must be renewed annually by the month and day of the original registration’s issuance.  The renewal fee is $500

  11. What information is needed to register?

    Gather the required documents before beginning the registration process, including copies of:

    • Fictitious Business Name Statement(s) (doing business as (dba)) for any business name(s) you use or intend to use.
    • State Employer Identification Number (SEIN) or application for it.
    • Federal Employer Identification Number (FEIN) or application for it.
    • Social Security or taxpayer identification numbers of all corporation officers, persons exercising management responsibility, and those who have a financial interest of 10 percent or more in the business.
    • Articles of Incorporation, if you are a corporation.
    • Articles of Organization, if you are a limited liability company (LLC).
    • Certificate of Limited Partnership, if you are a limited partnership.
    • Secretary of State Statement of Information, if you are a corporation or LLC.
    • Proof of valid workers’ compensation insurance certificate or certificate of authority to self-insure if applicant employs one or more employees.
  12. What other topics are addressed in the registration application?
  13. Questions that must be answered during the registration process include:

    • Does your business owe:
      • Unpaid wage and hour final judgments outstanding
      • Payroll taxes
      • Personal, partnership, or corporate income taxes,
      • Social security taxes
      • Disability insurance
    • Has your business not fully satisfied the terms of any administrative settlement pursuant to the Department of Fair Employment and Housing processes or a final judicial decree for any final judgment for a violation of the California Fair Employment and Housing Act?
    • Does your business have any wage and hour liens or suits pending in court or pending California Fair Employment and Housing Act claims?
    • Has your business ever been cited or assessed any penalty for violation of the California Labor Code?
    • Has your business paid for any unpaid contributions required by the Unemployment Insurance Code or the Employment Development Department?
    • Has your business paid for any unpaid contributions required by the Federal Insurance Contributions Act or the Internal Revenue Service?
    • Has your business satisfied the terms of any administrative settlement pursuant to the Department of Fair Employment and Housing processes or a final judicial decree agreed upon with an employee or former employee of a business for which the employer is required to register for any final judgment  for a violation of Government Code section 12940?
    • Has the business complied with the sexual violence and harassment prevention training?
  14. How long is the registration valid?
  15. The registration is valid for one year and must be renewed annually by the month and day of the original registration’s issuance. The online registration holder will receive an email notification from the Labor Commissioner’s Office 90 days before their registration expires.

  16. Are registered employers required to keep records?
  17. Yes. In addition to existing recordkeeping requirements, every employer must keep accurate records for three years showing all of the following:

    • Names and addresses of all employees engaged in rendering actual services for any business of the employer.
    • The hours worked daily by each employee, including the times the employee begins and ends each work period.
    • The wage and wage rate paid each payroll period.
    • The age of all minor employees.
    • Any other conditions of employment.
    • The names, addresses, periods of work, and compensation paid to all other covered workers.
  18. What are the consequences for janitorial contractors who fail to register?
  19. 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.

  20. What are the consequences for hiring unregistered janitorial contractors?
  21. Any person or entity that contracts for janitorial services with an employer not registered at the time the contract is executed, extended, renewed, or modified, is subject to a civil fine of $2,000 to $10,000 in the case of a first violation, and a civil fine of $10,000 to $25,000 for a subsequent violation.

  22. What are the consequences for material misrepresentation in connection with an initial or renewal application?

    Any person who makes a material misrepresentation in connection with an initial or renewal application is subject to a civil fine of ten thousand dollars ($10,000) per violation. . For example, if an applicant makes a false statement that the applicant has no employees and another false statement that it complied with the sexual harassment training requirements, the applicant will be subject to a $20,000 civil fine.

  23. Does the janitorial registration program apply to public entities?
  24. The Labor Commissioner’s Office interprets the law to apply only to private persons or entities. There is no specific language stating that the law applies to public entities, nor is there evidence of the Legislature’s intent to include such governmental entities.

  25. What are the training in the prevention of sexual violence and harassment requirements?

    The Property Service Workers Protection Act, as amended by the Janitor Survivor Empowerment Act, requires janitorial employers to provide in-person training in preventing sexual violence and harassment at least once every two years.

    The regulations establishing the training requirements which were previously under development pursuant to Labor Code section 1429.5 have been adopted by the Labor Commissioner’s Office effective July 15, 2020. (https://www.dir.ca.gov/dlse/regulation_detail/Janitorial-Training-Final-Text.pdf )

    Employers must provide the training as required by the regulations by using complimentary materials developed by the Labor Occupational Health Program at UC Berkeley for the Department of Industrial Relations and the Commission on Health and Safety and Workers’ Compensation.  These materials, available on our Sexual Harassment Training page in English and Spanish, will be updated as needed to help employers meet the regulation’s requirements for sexual harassment and abusive conduct prevention training.

    Note: Additional requirements providing for use of a qualified organization for an employer to obtain qualified peer trainers to provide the required training to nonsupervisors will be implemented on January 1, 2021.

    Note: Due to the COVID-19 pandemic, if an in-person training cannot be conducted in a manner that protects the health, safety and welfare of all participants, the Labor Commissioner’s Office will consider training alternatives or modifications designed to protect safety and health and comply with state and local physical isolation orders to meet the annual registration requirement. This website will be updated as further guidance becomes available. 

  26. What sexual violence and harassment prevention training is required?

    The Property Service Workers Protection Act, as amended by the Janitor Survivor Empowerment Act, requires employers to provide sexual violence and harassment prevention training at least once every two years for nonsupervisory covered workers and supervisors of nonsupervisory covered workers. The regulations adopted by the Labor Commissioner effective July 15, 2020 provide further guidance and specificity in support of these two Acts.   

  27. Who is a “covered worker”?

    A “covered worker” means a janitor, including any individual predominantly working, whether as an employee, independent contractor, or franchisee, as a janitor, and includes full time, part time, and temporary janitorial workers. (See also FAQ #3)

  28. Who is not a “covered worker”?

    “Covered worker” does not include any individual whose work duties are predominantly final cleanup of debris, grounds, and buildings near the completion of a construction, alteration, demolition, installation, or repair work project, including, but not limited to, street cleaners.

  29. Who is qualified to provide training?

    The regulations provide that “trainers” for purposes of providing training to supervisors of nonsupervisory covered workers has the same meaning as individuals who are qualified to provide training under Government Code section 12950.1 and the Fair Employment and Housing Act regulations, California Code of Regulations, title 2, section 11024(a)(10).

    “Trainers” for purposes of providing training to nonsupervisory covered workers means a qualified peer trainer provided by a qualified organization which will be listed on the website of the Department of Industrial Relations on January 1, 2021. (Labor Code section 1429.5(c)).

    Until such website list of qualified organizations is made available, “trainers” for purposes of providing training to nonsupervisory covered workers has the same meaning as “trainers” that provide training to supervisors of nonsupervisory covered workers. (Title 8 CCR section 13820(e) and (f)) 

    After the website list is posted, if the website list of qualified organizations that provide peer trainers to employers indicates there is no qualified peer trainer available to provide training in a specific county, or if none of the qualified trainers are available to meet an employer’s training needs, an employer may use a trainer as described under Government Code section 12950.1 and the Fair Employment and Housing Act regulations, California Code of Regulations, title 2, section 11024(a)(10), to provide training to covered workers working in that specific county.

  30. How often is the training required to be provided?

    An employer shall ensure that at least two hours of training are provided to nonsupervisory covered works and their supervisors in identifying, preventing, and reporting sexual violence and harassment in the workplace, at least once every two years. New nonsupervisory covered workers and supervisors of nonsupervisory covered workers shall be trained within six (6) months of assuming their positions.

  31. What kind of documentation must employers maintain regarding the training?

    An employer shall maintain a record of the training for a minimum of three years and shall make them available, upon request, to the Labor Commissioner.  The records shall consist of:

    • the names of the nonsupervisory covered workers and supervisors trained;
    • the date of training;
    •  a sign-in sheet containing the printed written name as well as the signature of each participant both at the commencement and at the completion of the training;
    • a copy of all certificates of attendance or completion issued;
    • the type of training;
    • a copy of all written or recorded material that comprise the training;
    • the name of the training provided; and
    • a signed for (Sexual Violence and Harassment Prevention Training or Property Service Workers Employer Compliance Form  DLSE 800, 11/19)
  32. What languages must the training be provided in?

    Training shall be provided in the language and literacy level understood by the nonsupervisory covered worker and supervisor.

  33. When will the Department of Industrial Relations make available a list of qualified organizations that employers shall use to locate a qualified peer trainer to provide the required nonsupervisory training?

    Labor Code section 1429.5 requires the Department of Industrial Relations to make available on its website by January 1, 2021 a list of qualified organizations that will provide qualified peer trainers for employers to provide the required training to nonsupervisory janitorial workers. Once the list is available, the requirement to use a peer trainer will become effective.

  34. What are the requirements to be a qualified organization?

    The criteria for qualified organizations are set forth in Labor Code section 1429.5(f)(1)-(4):
    The qualified organizations must be recommended by the training advisory committee to the director.

      • A qualified organization shall be a nonprofit corporation as described in subsection (c) of Section 501 of the Internal Revenue Code of the United States (26 U.S.C. 501(c)), that on its own or through its training partners complies with all of the following:
        • Have and maintain at least 30 qualified peer trainers who are available to provide training to nonsupervisors covered workers.
        • Have access to local and regional sexual violence-related trauma services and resources for local referrals documented through letters of acknowledgment from service providers.
        • Be committed to ongoing education and development as documented by a minimum of 10 hours of professional development each year for qualified organization staff and peer trainers in areas of research and strategies to prevent and respond to sexual assault and sexual harassment.
        • Have seven years of demonstrated experience working with employers to provide training to employees both on and off the worksite in the janitorial industry, including seven years demonstrated experience working with immigrant low-wage workers.

    A list of qualified organizations will be compiled by DIR with the assistance of a training advisory committee.

  35. What are the requirements to become a qualified peer trainer?

    The criteria for qualified peer trainers are set forth in Labor Code section 1429.5(g):
    To be qualified as a peer trainer, a person shall have the training, knowledge, and experience necessary to train nonsupervisory covered workers and shall, at the minimum, have all of the following qualifications:

      • At least a cumulative 40 hours of sexual assault advocate training in the following areas:
        • Survivor-centered and trauma-informed principles and techniques.
        • The long-term effects of sexual trauma and the intersection of discrimination, oppression, and sexual violence.
        • The availability of local, state, and national resources for survivors of sexual violence.
        • Interactive teaching strategies that engage across multiple literacy levels.
        • Conducting discrimination, retaliation, and sexual harassment prevention training.
        • Responding to sexual harassment complaints or other discrimination complaints.
        • Employer responsibility to conduct investigations of sexual harassment complaints.
        • Advising covered workers regarding discrimination, retaliation, and sexual harassment prevention.
      • Have two years of nonsupervisory work experience in the janitorial or property service industry.
      • Be culturally competent and fluent in the language or languages that the relevant covered workers understand.

    Qualified organizations must ensure that peer trainers meet these requirements.

  36. Does the Department of Industrial Relations or the Labor Commissioner’s Office certify peer trainers?

    California law does not require the Department of Industrial Relations or the Labor Commissioner’s office to certify peer trainers, and neither the Department of Industrial Relations nor the Labor Commissioner’s Office will certify or maintain a list of qualified peer trainers.

For additional questions, please contact dlsejanitorialservice@dir.ca.gov

 

July 2020