Chapter 6. Division of Labor Standards Enforcement [FNA1]
Subchapter 13. Janitorial Registration and Training
Article 3. Civil Penalties (Refs & Annos)

§ 13812.5. Civil Penalty for Contracting with Unregistered Employers.

For purposes of assessing civil penalties under Labor Code section 1432(b):

(a) A violation will consist of a contracting event, meaning the execution, renewal, extension, or modification of a contract or subcontract for janitorial services, with an employer who meets the definition in Labor Code section 1420(e) who lacks a current and valid registration as displayed in the online registry database at the time of the contracting event.

(b) A first violation will be determined by the oldest contracting event, in the event that there is more than one contracting event.

(c) A subsequent violation will be determined based on a contracting event that occurs in time after a first violation and may include either or both of the following:

(1) a contracting event with the same unregistered janitorial employer as the first violation.

(2) a contracting event with another unregistered janitorial employer occurring after the first violation.

(d) First violations alone will be subject to a civil penalty of $2,000.

(e) Where a first violation is accompanied by a subsequent violation(s) in the first citation, the first violation and all subsequent violations will each be subject to a civil penalty of $10,000.

(f) All subsequent violations in a subsequent citation in a subsequent investigation will be subject to a civil penalty of $25,000 for each violation.

(g) Penalties for subsequent violations may be sought and recovered along with the penalty for the first violation or separately, so long as evidence of the first violation is provided to the trier of fact in the proceeding that determines penalties for subsequent violations, in the event that a citation is appealed.

Note: Authority cited: Section 1422, Labor Code. Reference: Section 1432, Labor Code.

HISTORY

1. New article 3 (sections 13812.5-13812.6) and section filed 7-1-2020; operative 7-15-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 27). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.)