Part 4.2Property Service Workers Protection

Section § 1420

Explanation

This section provides definitions for important terms related to janitorial labor and employment standards. The 'Labor Commissioner' is specified as the head of the Division of Labor Standards Enforcement. A 'covered worker' is defined primarily as a janitor, excluding those primarily involved in construction clean-up. 'Employer' refers to any entity employing or contracting janitorial services, and a 'covered successor employer' is one that uses similar resources to a predecessor under specific conditions. The term 'Production rates' is used to describe cleaning efficiency in terms of square footage per hour, and 'shift' refers to designated work hours. Additional terms like 'supervisor' are defined by reference to another legal code.

For purposes of this part:
(a)CA Labor Code § 1420(a) “Commissioner” means the Labor Commissioner of the Division of Labor Standards Enforcement of the department.
(b)Copy CA Labor Code § 1420(b)
(1)Copy CA Labor Code § 1420(b)(1) “Covered worker” means a janitor, including any individual predominantly working, whether as an employee, independent contractor, or franchisee, as a janitor, as that term is defined in the Service Contract Act Directory of Occupations maintained by the United States Department of Labor.
(2)CA Labor Code § 1420(b)(2) “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.
(c)CA Labor Code § 1420(c) “Current and valid registration” means an active registration pursuant to this part that is not expired or revoked.
(d)CA Labor Code § 1420(d) “Department” means the Department of Industrial Relations.
(e)CA Labor Code § 1420(e) “Director” means the Director of Industrial Relations.
(f)CA Labor Code § 1420(f) “Division” means the Division of Labor Standards Enforcement.
(g)Copy CA Labor Code § 1420(g)
(1)Copy CA Labor Code § 1420(g)(1) “Employer” means any person or entity that employs at least one covered worker or otherwise engages by contract, subcontract, or franchise agreement for the provision of janitorial services by one or more covered workers. The term “employer” includes the term “covered successor employer,” but does not include an entity that is the recipient of the janitorial services.
(2)CA Labor Code § 1420(g)(2) “Covered successor employer” means an employer who meets one or more of the following criteria:
(A)CA Labor Code § 1420(g)(2)(A) Uses substantially the same equipment, supervisors, and workforce to offer substantially the same services to substantially the same clients as a predecessor employer, unless the employer maintains the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. In addition, an employer who has operated with a current and valid registration for at least the preceding three years shall not be considered a covered successor employer for using substantially the same equipment, supervisors, and workforce to substantially the same clients, if all of the following apply:
(i)CA Labor Code § 1420(g)(2)(A)(i) The individuals in the workforce were not referred or supplied for employment by the predecessor employer to the successor employer.
(ii)CA Labor Code § 1420(g)(2)(A)(ii) The successor employer has not had any interest in, or connection with, the operation, ownership, management, or control of the business of the predecessor employer within the preceding three years.
(B)CA Labor Code § 1420(g)(2)(B) Shares in the ownership, management, control of the workforce, or interrelations of business operations with the predecessor employer.
(C)CA Labor Code § 1420(g)(2)(C) Is an immediate family member of any owner, partner, officer, licensee, or director of the predecessor employer or of any person who had a financial interest in the predecessor employer. “Immediate family member” means a spouse, parent, sibling, son, daughter, uncle, aunt, niece, nephew, grandparent, grandson, granddaughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, or cousin.
(h)CA Labor Code § 1420(h) “Production rates” means the average number of square feet the employee cleaned each hour during their shift, calculated by dividing the cleanable square footage of the property cleaned by the total hours worked to clean that square footage.
(i)CA Labor Code § 1420(i) “Shift” means designated hours of work by an employee, with a designated beginning time and quitting time.
(j)CA Labor Code § 1420(j) “Square footage” means a unit of area equal to a square one foot long on each side.
(k)CA Labor Code § 1420(k) “Supervisor” has the same meaning as in subdivision (t) of Section 12926 of the Government Code.
janitorial services covered worker Labor Commissioner Division of Labor Standards Enforcement Department of Industrial Relations covered successor employer production rates square footage shift cleaning standards janitor definition franchisee contractor workforce supervisor definition
(Amended by Stats. 2024, Ch. 394, Sec. 1. (AB 2364) Effective January 1, 2025.)

Section § 1421

Explanation

Employers in California must keep detailed records for three years that include the names and addresses of their employees, the daily hours worked including start and end times, the pay and wage rates paid, the ages of any minor employees, and other employment conditions. They must also record the same information for other types of covered workers, including their compensation.

Every employer shall keep accurate records for three years, showing all of the following:
(a)CA Labor Code § 1421(a) The names and addresses of all employees engaged in rendering actual services for any business of the employer.
(b)CA Labor Code § 1421(b) The hours worked daily by each employee, including the times the employee begins and ends each work period.
(c)CA Labor Code § 1421(c) The wage and wage rate paid each payroll period.
(d)CA Labor Code § 1421(d) The age of all minor employees.
(e)CA Labor Code § 1421(e) Any other conditions of employment.
(f)CA Labor Code § 1421(f) The names, addresses, periods of work, and compensation paid to all other covered workers.
employer record keeping employee names and addresses daily hours worked payroll records minor employees age employment conditions compensation records covered workers records wage rate documentation California employment records
(Amended by Stats. 2019, Ch. 24, Sec. 27. (SB 83) Effective June 27, 2019.)

Section § 1422

Explanation

This law section states that the Division of Labor Standards Enforcement is responsible for enforcing the rules outlined in this part of the labor code. The commissioner has the authority to create any additional regulations needed to ensure these rules are followed.

The Division of Labor Standards Enforcement shall enforce this part. The commissioner may adopt any regulations necessary to carry out this part.
Division of Labor Standards Enforcement labor enforcement commissioner authority regulations development labor code enforcement workplace rules compliance regulations labor laws employee rights enforcement commissioner powers labor compliance rule implementation employment regulations regulatory authority labor standards
(Added by Stats. 2016, Ch. 373, Sec. 1. (AB 1978) Effective January 1, 2017.)

Section § 1423

Explanation

Starting from July 1, 2018, all employers must register with the commissioner once every year.

Effective July 1, 2018, every employer shall register with the commissioner annually.
employer registration annual requirement commissioner registration deadline annual compliance California employment business registration employment regulations employment compliance employer responsibilities registration enforcement registration procedure
(Added by Stats. 2016, Ch. 373, Sec. 1. (AB 1978) Effective January 1, 2017.)

Section § 1424

Explanation

When a business gets or renews their work registration in California, the Division of Labor Standards Enforcement gives them information about business management and labor laws. Starting July 1, 2018, employers must give their workers a pamphlet called 'Sexual Harassment' from the Civil Rights Department. This is required until specific sexual violence and harassment prevention training rules are set.

When a certificate of current and valid registration is originally issued or renewed under this part, the Division of Labor Standards Enforcement shall provide related and supplemental information to the registrant regarding business administration and applicable labor laws. As of July 1, 2018, employers covered by this part shall provide all covered workers a copy of the Civil Rights Department pamphlet CRD-185, entitled “Sexual Harassment,” until the sexual violence and harassment prevention training requirement is established pursuant to Section 1429.5.
certificate of registration Division of Labor Standards Enforcement business administration applicable labor laws Civil Rights Department pamphlet CRD-185 Sexual Harassment pamphlet employer obligations worker information sexual violence prevention harassment prevention training business management guidance labor law compliance worker rights education
(Amended by Stats. 2022, Ch. 48, Sec. 60. (SB 189) Effective June 30, 2022.)

Section § 1425

Explanation

To prove you are properly registered with the Division of Labor Standards Enforcement, you need to have an official registration form. The division provides two kinds of registrations: one for businesses that have employees and another for those without any employees.

Proof of current and valid registration shall be by an official Division of Labor Standards Enforcement registration form. The Division of Labor Standards Enforcement shall issue two types of registrations, one for registrants with employees and one for registrants with no employees.
registration form Division of Labor Standards Enforcement proof of registration registrants with employees registrants without employees labor standards enforcement business registration employee registration official registration form worker registration employer registration business compliance California labor registration labor laws compliance employee management
(Amended by Stats. 2019, Ch. 715, Sec. 3. (AB 547) Effective January 1, 2020.)

Section § 1426

Explanation

This law requires the Division of Labor Standards Enforcement to send out a renewal notice at least 60 days before a registration expires, using the registrant's last known address. However, if they fail to send this notice, the registrant is still responsible for renewing their registration on time. Not receiving a notice isn't a valid excuse for not renewing, and it doesn't make the Division liable for any mistakes or oversights.

At least 60 days prior to the expiration of each registrant’s registration, the Division of Labor Standards Enforcement shall send a renewal notice to the last known address of the registrant. However, omission of the Division of Labor Standards Enforcement to provide the renewal notice in accordance with this section shall not excuse a registrant from making timely application for renewal of registration, shall not be a defense in any action or proceeding involving failure to renew registration, and shall not subject the Division of Labor Standards Enforcement to any legal liability.
renewal notice registrant responsibility expiration of registration timely application Division of Labor Standards Enforcement renewal process omission of notice legal liability failure to renew registration requirements
(Added by Stats. 2016, Ch. 373, Sec. 1. (AB 1978) Effective January 1, 2017.)

Section § 1427

Explanation

This law requires employers to pay a $500 initial application fee to the Division of Labor Standards Enforcement, which is not refundable. Employers must also pay a $500 annual fee on the anniversary of their initial application date. These fees can be adjusted over time to cover the costs of running and enforcing the program.

The Division of Labor Standards Enforcement shall collect from each employer an initial nonrefundable application fee of five hundred dollars ($500), and an annual fee of five hundred dollars ($500) on the anniversary date of initial application, and may periodically adjust the registration fee in an amount sufficient to fund all direct and indirect costs to administer and enforce this part.
employer fees initial application fee nonrefundable fee annual fee anniversary payment fee adjustment costs of administration labor standards enforcement employer registration direct and indirect costs California labor fees enforcement funding
(Added by Stats. 2016, Ch. 373, Sec. 1. (AB 1978) Effective January 1, 2017.)

Section § 1428

Explanation

This law says that employers must register before running a janitorial business. If they don't follow the rules or meet certain conditions, their registration can be taken away.

An employer shall not conduct any janitorial business without complying with the registration requirements of this part. The commissioner may revoke a registration if the commissioner finds an employer to be out of compliance with any requirement of this part or to have failed to satisfy any of the conditions of Section 1429.
janitorial business registration employer compliance registration revocation commissioner's authority Section 1429 conditions business requirements registration requirements compliance enforcement janitorial services registration conditions legal compliance business operation rules non-compliance consequences business licensing regulatory requirements
(Amended by Stats. 2019, Ch. 24, Sec. 28. (SB 83) Effective June 27, 2019.)

Section § 1429

Explanation
To register as an employer, specific conditions must be met including filling out a detailed application with the Division of Labor Standards Enforcement. The application requires business details, including the business's name, structure, address, and employer identification numbers. For corporations, additional information like incorporation details and officer information must be provided. Employers must disclose any unpaid wages or judgments, tax liabilities, and past penalties. Applications must confirm compliance with sexual harassment prevention training requirements. Additionally, a registration fee is required, and while violations of this section are not criminal, all required information must be thoroughly completed and accurate.
The Division of Labor Standards Enforcement shall not approve the registration of any employer until all of the following conditions are satisfied:
(a)CA Labor Code § 1429(a) The employer has executed a written application, in a form prescribed by the commissioner and subscribed and sworn to by the employer, containing all of the following:
(1)CA Labor Code § 1429(a)(1) The name of the business entity and, if applicable, its fictitious or “doing business as” name.
(2)CA Labor Code § 1429(a)(2) The form of the business entity and, if a corporation, all of the following:
(A)CA Labor Code § 1429(a)(2)(A) The date of incorporation.
(B)CA Labor Code § 1429(a)(2)(B) The state in which incorporated.
(C)CA Labor Code § 1429(a)(2)(C) If a foreign corporation, the date the articles of incorporation were filed with the California Secretary of State.
(D)CA Labor Code § 1429(a)(2)(D) Whether the corporation is in good standing with the California Secretary of State.
(3)CA Labor Code § 1429(a)(3) The federal employer identification number (FEIN) and the state employer identification number (SEIN) of the business.
(4)CA Labor Code § 1429(a)(4) The address of the business and the telephone number and, if applicable, the addresses and telephone numbers of any branch locations, and the name of any subcontractor or franchise servicing the contracts.
(5)CA Labor Code § 1429(a)(5) Whether the application is for a new or renewal registration and, if the application is for a renewal, the prior registration number.
(6)CA Labor Code § 1429(a)(6) The names, residential addresses, telephone numbers, and social security or taxpayer identification numbers of the following persons:
(A)CA Labor Code § 1429(a)(6)(A) All corporate officers, if the business entity is a corporation.
(B)CA Labor Code § 1429(a)(6)(B) All persons exercising management responsibility in the applicant’s office, regardless of form of business entity.
(C)CA Labor Code § 1429(a)(6)(C) All persons, except bona fide covered workers on regular salaries, who have a financial interest of 10 percent or more in the business, regardless of the form of business entity, and the actual percent owned by each of those persons.
(7)CA Labor Code § 1429(a)(7) The policy number, effective date, expiration date, and name and address of the carrier of the applicant business’ current workers’ compensation coverage for all applicants who employ one or more employees and are required to secure workers’ compensation insurance under Section 3700.
(8)Copy CA Labor Code § 1429(a)(8)
(A)Copy CA Labor Code § 1429(a)(8)(A) Whether the employer and any persons named in response to subparagraph (A), (B), or (C) of paragraph (6) presently:
(i)CA Labor Code § 1429(a)(8)(A)(i) Owe any unpaid wages.
(ii)CA Labor Code § 1429(a)(8)(A)(ii) Have unpaid wage and hour final judgments outstanding or have not fully satisfied the terms of any administrative settlement pursuant to the Civil Rights Department processes or a final judicial decree for any final judgment for a violation of the California Fair Employment and Housing Act.
(iii)CA Labor Code § 1429(a)(8)(A)(iii) Have any wage and hour liens or suits pending in court against them or pending California Fair Employment and Housing Act claims.
(iv)CA Labor Code § 1429(a)(8)(A)(iv) Owe any unpaid and outstanding payroll taxes, or personal, partnership, or corporate income taxes, Social Security taxes, or disability insurance.
(B)CA Labor Code § 1429(a)(8)(A)(B) An applicant who answers affirmatively to any item described in subparagraph (A) shall provide, as part of the application, additional information on the unpaid amounts, including the name and address of the party owed, the amount owed, and any existing payment arrangements.
(9)Copy CA Labor Code § 1429(a)(9)
(A)Copy CA Labor Code § 1429(a)(9)(A) Whether the employer and any persons named in response to subparagraph (A), (B), or (C) of paragraph (6) have ever been cited or assessed any penalty for violating any provision of this code.
(B)CA Labor Code § 1429(a)(9)(A)(B) An applicant who answers affirmatively to any item described in subparagraph (A) shall provide additional information, as part of the application, on the date, nature of citation, amount of penalties assessed for each citation, and the disposition of the citation, if any. The application shall describe any appeal filed. If the citation was not appealed, or if it was upheld on appeal, the applicant shall state whether the penalty assessment was paid.
(10)CA Labor Code § 1429(a)(10) Effective January 1, 2020, all new applications for registration and renewal of registration shall demonstrate completion of the sexual violence and harassment prevention training requirements prescribed by the division and developed pursuant to Section 1429.5 by providing written attestation to the commissioner that the training has been provided as required. Effective January 1, 2022, the attestation shall include whether the training was provided by a peer trainer and an explanation as to why a peer trainer was not used if a peer trainer did not provide the required training.
(11)CA Labor Code § 1429(a)(11) Such other information as the commissioner requires for the administration and enforcement of this part.
(b)CA Labor Code § 1429(b) The employer has paid a registration fee to the Division of Labor Standards Enforcement pursuant to Section 1427.
(c)CA Labor Code § 1429(c) Notwithstanding any other law, violation of this section shall not be a crime.
employer registration labor standards enforcement business entity details corporate officers financial interest wage and hour compliance workers' compensation coverage unpaid wages tax liabilities past penalties sexual harassment prevention training registration fee non-criminal violations application form requirements California Fair Employment
(Amended by Stats. 2022, Ch. 48, Sec. 61. (SB 189) Effective June 30, 2022.)

Section § 1429.5

Explanation

This California law requires employers, particularly in the janitorial industry, to provide sexual violence and harassment prevention training to their employees, both supervisors and nonsupervisors. This training must happen every two years (biennially) and should comply with the government's standards. Employers must use qualified organizations and trainers from an approved list to deliver the training. Trainers must have specific qualifications, including a strong background in sexual harassment prevention and working with immigrant workers.

Organizations offering training must be nonprofit and demonstrate experience in dealing with sexual harassment issues. Employers must pay for the training based on set fees, and they must document that the training was completed. An advisory committee helps develop training standards and maintain a list of qualified organizations, which is updated every three years. Employers must ensure compliance and can use alternative trainers if none are available in their area.

(a)CA Labor Code § 1429.5(a) The Division of Labor Standards Enforcement shall establish by January 1, 2019, a biennial in-person sexual violence and harassment prevention training requirement to be provided by employers governed by this part for nonsupervisory covered workers and supervisors of nonsupervisory covered workers. The training content and qualifications for trainers for supervisory workers shall be consistent with the training requirements of Section 12950.1 of the Government Code and subsequent amendments to those requirements. The training content for nonsupervisors shall also be consistent with the requirements of Section 12950.1 of the Government Code and subsequent amendments to those requirements. The qualifications for trainers for nonsupervisors are set forth in this section. The training required under this section shall be in lieu of, and not in addition to, the requirements for training under Section 12950.1 of the Government Code, as long as the training pursuant to this section meets or exceeds the requirements for training under Section 12950.1 of the Government Code, apart from the aforementioned distinction regarding trainer qualification for nonsupervisory training.
(b)CA Labor Code § 1429.5(b) To assist in developing these standards, the director shall convene a training advisory committee to recommend requirements for a sexual harassment prevention training program. The training advisory committee shall be composed of representatives of the Division of Labor Standards Enforcement, the Division of Occupational Safety and Health, and the Civil Rights Department, and shall also include representatives from a recognized or certified collective bargaining agent that represents janitorial workers, employers, labor-management groups in the janitorial industry, sexual assault victims advocacy groups, and other related subject matter experts. The director shall convene the training advisory committee by July 1, 2017. The training advisory committee shall consider the requirements of Section 12950.1 of the Government Code when developing the recommended standard. The Division of Labor Standards Enforcement shall propose the requirements for the sexual violence and harassment prevention training requirement by January 1, 2018.
(c)CA Labor Code § 1429.5(c) The director shall convene a training advisory committee to assist in compiling a list of qualified organizations that shall provide to employers the qualified peer trainers that employers shall use to provide the required training to nonsupervisors, as described below. The training advisory committee shall be composed of representatives from a recognized or certified collective bargaining agent that represents janitorial workers, representatives of janitorial workers, janitorial employers, and sexual assault victims advocates. By January 1, 2021, the department shall make available on its internet website the list of qualified organizations that employers shall use to locate a qualified peer trainer in a particular county to provide the required nonsupervisory training. The qualified organization shall provide to the Division of Labor Standards Enforcement the name, contact information, and service area of the qualified organization for inclusion on the website.
(d)CA Labor Code § 1429.5(d) The Division of Labor Standards Enforcement shall require employers covered by this part subject to the biennial training requirement to provide the training content developed by the Labor Occupational Health Program (LOHP) under the direction of the director, or as amended in the future by the director.
(e)Copy CA Labor Code § 1429.5(e)
(1)Copy CA Labor Code § 1429.5(e)(1) Employers covered by this part subject to the biennial training requirement shall use a qualified organization from the list maintained by the director to provide the required training to nonsupervisors. Qualified organizations shall provide qualified peer trainers that employers covered by this part shall use to provide the required training to nonsupervisors.
(2)CA Labor Code § 1429.5(e)(2) Until January 1, 2026, unless an alternative payment option has been agreed to under a collective bargaining agreement, the employer shall pay the qualified organization as follows:
(A)CA Labor Code § 1429.5(e)(2)(A) Eighty dollars ($80) per participant for training sessions having 10 or more participants.
(B)CA Labor Code § 1429.5(e)(2)(B) Two hundred dollars ($200) per participant for training sessions having fewer than 10 participants.
(3)CA Labor Code § 1429.5(e)(3) On and after January 1, 2026, and each year thereafter, the rates the employer shall pay the qualified organization shall increase by the percentage reflected in the most recent annual average California Price Index Changes - California (All Urban Consumers) report issued by the Department of Industrial Relations.
(4)CA Labor Code § 1429.5(e)(4) A covered employer shall document compliance with the training requirement by completing and signing a form, to be developed by the Division of Labor Standards Enforcement, certifying that the training was conducted and that the qualified organization was paid in full, and the form shall be produced upon request of the Division of Labor Standards Enforcement. A covered employer shall also document compliance with the training requirement by ensuring that each participant sign in and sign out on a sign-in sheet, using printed writing and signature, at the commencement and completion of training, in addition to any regulatory documentation retention requirements adopted by the Division of Labor Standards Enforcement.
(f)CA Labor Code § 1429.5(f) The training advisory committee shall recommend the qualified organizations 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:
(1)CA Labor Code § 1429.5(f)(1) Have and maintain at least 30 qualified peer trainers who are available to provide training to nonsupervisors covered workers as required under this part.
(2)CA Labor Code § 1429.5(f)(2) Have access to local and regional sexual violence-related trauma services and resources for local referrals documented through letters of acknowledgment from service providers.
(3)CA Labor Code § 1429.5(f)(3) 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.
(4)CA Labor Code § 1429.5(f)(4) 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.
(g)CA Labor Code § 1429.5(g) To be qualified as a peer trainer under this section, 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:
(1)CA Labor Code § 1429.5(g)(1) At least a cumulative 40 hours of sexual assault advocate training in the following areas:
(A)CA Labor Code § 1429.5(g)(1)(A) Survivor-centered and trauma-informed principles and techniques.
(B)CA Labor Code § 1429.5(g)(1)(B) The long-term effects of sexual trauma and the intersection of discrimination, oppression, and sexual violence.
(C)CA Labor Code § 1429.5(g)(1)(C) The availability of local, state, and national resources for survivors of sexual violence.
(D)CA Labor Code § 1429.5(g)(1)(D) Interactive teaching strategies that engage across multiple literacy levels.
(E)CA Labor Code § 1429.5(g)(1)(E) Conducting discrimination, retaliation, and sexual harassment prevention training.
(F)CA Labor Code § 1429.5(g)(1)(F) Responding to sexual harassment complaints or other discrimination complaints.
(G)CA Labor Code § 1429.5(g)(1)(G) Employer responsibility to conduct investigations of sexual harassment complaints.
(H)CA Labor Code § 1429.5(g)(1)(H) Advising covered workers regarding discrimination, retaliation, and sexual harassment prevention.
(2)CA Labor Code § 1429.5(g)(2) Have two years of nonsupervisory work experience in the janitorial or property service industry.
(3)CA Labor Code § 1429.5(g)(3) Be culturally competent and fluent in the language or languages that the relevant covered workers understand.
(h)CA Labor Code § 1429.5(h) The director shall maintain the list of qualified organizations. The list shall be updated by the director with assistance from the training advisory committee at least once every three years. The director may approve qualified organizations on an ongoing basis, if they meet the qualifications required by subdivision (f). The fee per participant may be adjusted by the Labor Commissioner as needed.
(i)CA Labor Code § 1429.5(i) The training advisory committee shall meet at least once every three years to review and update the list of qualified organizations and qualified peer trainers.
(j)CA Labor Code § 1429.5(j) A qualified organization may work with a training partner to provide the required training, provided that the qualified organization has entered into a written partnership agreement with the training partner. As used in this subdivision, “training partner” means a nonprofit, worker center, or labor organization with at least two years of demonstrated experience in addressing workplace sexual abuse, immigrants’ rights advocacy, and worker rights advocacy.
(k)Copy CA Labor Code § 1429.5(k)
(1)Copy CA Labor Code § 1429.5(k)(1) If the internet website list of qualified organizations that provide peer trainers to employers required to provide training to nonsupervisors under this section 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 prescribed by the Civil Rights Department with respect to sexual harassment training and education to provide training to covered workers working in that specific county.
(2)CA Labor Code § 1429.5(k)(2) An employer governed by this part shall be deemed to be in compliance with the requirement to use a peer trainer to provide the required training if they contracted with a qualified organization that was listed on the department’s internet website at the time of the training.
sexual violence prevention training harassment prevention janitorial workers biennial training requirement nonsupervisory covered workers qualified peer trainers Labor Occupational Health Program training advisory committee sexual assault victims advocacy collective bargaining California Price Index Changes immigrant low-wage workers culturally competent trauma-informed training local sexual violence resources
(Amended by Stats. 2024, Ch. 394, Sec. 2. (AB 2364) Effective January 1, 2025.)

Section § 1429.6

Explanation

This law mandates a study by the UCLA Labor Center, possibly with subcontractors, about worker safety and employment rights in the janitorial sector. The study will examine cleaning production rates, especially in large facilities across certain counties, both before and after the COVID-19 pandemic. It will also assess the risk of injuries, evaluate worker compensation data, and investigate wage theft, especially comparing companies with and without collective bargaining agreements. Additionally, it will look at the impacts of gender, race, national origin, disability, and age on labor issues. An advisory committee will help shape the study, which must be done by May 1, 2026, and submitted by May 15, 2026. This section expires on January 1, 2027.

(a)CA Labor Code § 1429.6(a) The department shall contract with the University of California, Los Angeles Labor Center to conduct a study evaluating opportunities to improve worker safety and safeguard employment rights in the janitorial industry. The University of California, Los Angeles Labor Center may subcontract, in whole or in part, the responsibility for conducting the study to another University of California Labor Center; the Labor Occupational Health Program, University of California, Berkeley; the University of California, San Francisco, Division of Occupational, Environmental, and Climate Medicine; the University of California, Berkeley, School of Public Health, Division of Environmental Health Sciences; or the California Center of Occupational and Environmental Health.
(b)CA Labor Code § 1429.6(b) The entity or entities with which a contract or subcontract is entered into pursuant to subdivision (a) shall conduct the study in the manner described in this section. No later than May 1, 2026, the University of California, Los Angeles Labor Center and its subcontractors, if any, shall issue a report that includes, but is not limited to, all of the following:
(1)CA Labor Code § 1429.6(b)(1) Typical production rates in the janitorial industry based on cleaning frequency and the type of public and private sector facility being cleaned. The information shall be derived, in part and where available, from janitorial service contracts pertaining to the largest state and local government facilities, public university and community college facilities, and the largest commercial real estate and high-tech and biotech facilities in the following counties: Alameda, Los Angeles, Orange, Sacramento, San Diego, San Mateo, and Santa Clara. The names of the contracting entity and the janitorial contractor may be omitted in the report.
(2)CA Labor Code § 1429.6(b)(2) Production rates before, during, and after the COVID-19 public health emergency.
(3)CA Labor Code § 1429.6(b)(3) Assessment of the risk of ergonomic and other injuries associated with cleaning frequencies and production rates.
(4)CA Labor Code § 1429.6(b)(4) Analysis of California workers’ compensation data in the janitorial industry showing types of injury, frequency of reporting, and cost of treatment over the last 10 years.
(5)CA Labor Code § 1429.6(b)(5) The prevalence of wage theft in the janitorial industry and how it impacts production rates and worker recruitment and retention.
(6)CA Labor Code § 1429.6(b)(6) Whether production rates and the prevalence of wage theft differ between employers that are signatories to collective bargaining agreements and those that are not.
(7)CA Labor Code § 1429.6(b)(7) The impacts of gender, race, national origin, disability, and age on production rates and compliance with labor laws.
(c)CA Labor Code § 1429.6(c) No later than June 15, 2025, the department shall convene an advisory committee comprised of representatives from the department, the Division of Occupational Safety and Health, the Division of Workers’ Compensation, the Civil Rights Department, a recognized or certified collective bargaining agent that represents janitorial workers throughout the state, employers and labor management groups in the janitorial industry, the University of California, Los Angeles Labor Center, and other relevant subject matter experts to make recommendations regarding the scope of the study required pursuant to subdivision (b).
(d)CA Labor Code § 1429.6(d) If the advisory committee does not issue recommendations regarding the scope of the study by August 15, 2025, the University of California, Los Angeles Labor Center and its subcontractors, if any, shall complete the study pursuant to the factors listed in subdivision (b) in a manner that best fulfills the purposes of this section.
(e)CA Labor Code § 1429.6(e) On or before May 15, 2026, the department shall forward the completed report described in subdivision (b) to the members of the advisory committee and the Chairs of the Assembly Committee on Labor and Employment and the Senate Committee on Labor, Public Employment and Retirement. The report shall be submitted in compliance with Section 9795 of the Government Code.
(f)CA Labor Code § 1429.6(f) In conducting the study required pursuant to subdivision (b), the University of California, Los Angeles and any subcontractors shall consider and be guided by the recommendations of the advisory committee, if any, only so long as the recommendations would not substantially increase the cost of the study or cause the report to be issued after the required submission date pursuant to subdivision (b).
(g)CA Labor Code § 1429.6(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
janitorial industry worker safety employment rights UCLA Labor Center cleaning production rates COVID-19 impact ergonomic injuries wage theft collective bargaining agreements workers' compensation data gender impact race impact advisory committee study report deadline study cost guidelines
(Added by Stats. 2024, Ch. 394, Sec. 3. (AB 2364) Effective January 1, 2025. Repealed as of January 1, 2027, by its own provisions.)

Section § 1430

Explanation

This law means that the Division of Labor Standards Enforcement in California won’t register or renew a business's registration if the employer has unresolved financial or legal issues. These issues include unpaid wages, unpaid unemployment insurance contributions, unpaid Social Security and Medicare taxes, unresolved settlements or judgments related to employee disputes, or failure to have proper workers’ compensation insurance.

The Division of Labor Standards Enforcement shall not register or renew the registration of an employer in any of the following circumstances:
(a)CA Labor Code § 1430(a) The employer has not fully satisfied any final judgment for unpaid wages due to an employee or former employee of a business for which the employer is required to register under this chapter.
(b)CA Labor Code § 1430(b) The employer has failed to remit the proper amount of contributions required by the Unemployment Insurance Code or the Employment Development Department has made an assessment for those unpaid contributions against the employer that has become final and the employer has not fully paid the amount of delinquency for those unpaid contributions.
(c)CA Labor Code § 1430(c) The employer has failed to remit the amount of Social Security and Medicare tax contributions required by the Federal Insurance Contributions Act (FICA) to the Internal Revenue Service and the employer has not fully paid the amount or delinquency for those unpaid contributions.
(d)CA Labor Code § 1430(d) The employer has not fully satisfied the terms of any administrative settlement pursuant to the Civil Rights Department 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 under this part for any final judgment for a violation of Section 12940 of the Government Code.
(e)CA Labor Code § 1430(e) The employer has not fully satisfied any final judgment for failing to secure valid workers’ compensation coverage as required by Section 3700.
unpaid wages final judgment unemployment insurance contributions Social Security tax Medicare tax FICA administrative settlement Civil Rights Department Section 12940 violations workers' compensation coverage registration denial Labor Standards Enforcement employer delinquency IRS contributions employee rights
(Amended by Stats. 2022, Ch. 48, Sec. 63. (SB 189) Effective June 30, 2022.)

Section § 1431

Explanation

This law requires the commissioner to keep a public database on the department's website for property service employers. The database must list the employer's name, address, registration number, whether they are exempt from needing workers' compensation coverage, and the dates their registration is valid.

The commissioner shall maintain a public database of property service employers, on the internet website of the department, including the name, address, registration number, whether the registrant is a nonemployee registrant exempt from the requirement to secure workers’ compensation coverage under Section 3700 of the Labor Code, and effective dates of registration.
property service employers public database commissioner internet website registration number workers' compensation coverage nonemployee registrant exemption effective dates of registration department website registration validity Labor Code Section 3700 workers' comp exemption
(Amended by Stats. 2019, Ch. 715, Sec. 6. (AB 547) Effective January 1, 2020.)

Section § 1432

Explanation

If an employer doesn't register as required, they can be fined $100 per day, up to $10,000. If you contract with an unregistered janitorial service, you might face fines between $2,000 and $25,000 depending on whether it's your first violation or not. Employers who lie on their registration can be fined $10,000 each time. Only the commissioner can enforce these rules, following specific procedures for fines and disputes.

(a)CA Labor Code § 1432(a) An employer who fails to register pursuant to Section 1423 is subject to a civil fine of one hundred dollars ($100) for each calendar day that the employer is unregistered, not to exceed ten thousand dollars ($10,000).
(b)CA Labor Code § 1432(b) Any person or entity that contracts with an employer who lacks a current and valid registration, as displayed on the online registration database at the time the contract is executed, extended, renewed, or modified, under this part on the date the person or entity enters into or renews a contract or subcontract for janitorial services with the employer is subject to a civil fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000) in the case of a first violation, and a civil fine of not less than ten thousand dollars ($10,000) nor more than twenty-five thousand dollars ($25,000) for a subsequent violation.
(c)CA Labor Code § 1432(c) An employer 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.
(d)CA Labor Code § 1432(d) Notwithstanding any other provision of law, the authority to enforce this section is vested exclusively with the commissioner. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1.
employer registration civil fines unregistered employer janitorial services contracts first violation fine subsequent violation fine material misrepresentation enforcement procedures commissioner authority contracting penalties registration database application misrepresentation civil penalty enforcement fine limits unregistered contractor penalties
(Amended by Stats. 2019, Ch. 715, Sec. 7. (AB 547) Effective January 1, 2020.)

Section § 1433

Explanation

This section outlines how fees and fines related to janitorial contractor registration are managed in California. All registration fees and fines collected go into the Labor Enforcement and Compliance Fund. This money is used to cover the costs associated with registering and enforcing rules for janitorial contractors. The fees must be set at a level that covers both the direct and some indirect costs of managing these processes.

(a)CA Labor Code § 1433(a) All registration fees collected pursuant to Section 1427, all civil fines collected pursuant to Section 1432, and any other moneys as are designated by statute or order shall be deposited in the Labor Enforcement and Compliance Fund.
(b)CA Labor Code § 1433(b) Moneys deposited in the fund pursuant to Sections 1427 and 1432 shall be used only for the following purposes:
(1)CA Labor Code § 1433(b)(1) The reasonable costs of administering the registration of janitorial contractors pursuant to this part by the Division of Labor Standards and Enforcement.
(2)CA Labor Code § 1433(b)(2) The costs and obligations associated with the administration and enforcement of this part by the Division of Labor Standards and Enforcement.
(c)CA Labor Code § 1433(c) The annual employer registration renewal fee specified in of Section 1427, and any adjusted application renewal fee, shall be set in amounts that are sufficient to support the direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this part.
janitorial contractor registration Labor Enforcement and Compliance Fund registration fees civil fines Division of Labor Standards and Enforcement compliance costs enforcement costs employer registration renewal fee administration costs indirect costs fee adjustments fund management janitorial services regulation compliance fund
(Amended by Stats. 2017, Ch. 561, Sec. 172. (AB 1516) Effective January 1, 2018.)

Section § 1434

Explanation

If a new employer takes over a business, they may have to pay any unpaid wages, damages, or penalties that the previous employer owes to former employees. This responsibility kicks in if the new employer: (a) keeps the same workers and offers the same services, unless they are following specific rules in Section 1060, (b) has overlapping ownership or business operations with the previous employer, (c) employs managers who previously controlled the workforce's wages or conditions, or (d) is an immediate family member of someone who owned or had a stake in the previous business.

A successor employer is liable for any wages, damages, and penalties its predecessor employer owes to any of the predecessor employer’s former workforce if the successor employer meets any of the following criteria:
(a)CA Labor Code § 1434(a) Uses substantially the same workforce to offer substantially the same services as the predecessor employer. This factor does not apply to employers who maintain the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3.
(b)CA Labor Code § 1434(b) Shares in the ownership, management, control of the labor relations, or interrelations of business operations with the predecessor employer.
(c)CA Labor Code § 1434(c) Employs in a managerial capacity any person who directly or indirectly controlled the wages, hours, or working conditions of the affected workforce of the predecessor employer.
(d)CA Labor Code § 1434(d) Is an immediate family member of any owner, partner, officer, or director of the predecessor employer of any person who had a financial interest in the predecessor employer.
successor employer liability predecessor employer responsibility unpaid wages liability business ownership overlap workforce control managerial employment financial interest successor workforce substantially same services immediate family member business operations interrelations labor relations control wage control working conditions management Chapter 4.5 Section 1060
(Amended by Stats. 2019, Ch. 24, Sec. 32. (SB 83) Effective June 27, 2019.)