California-based janitorial workers are entitled to certain unique rights under California law. Specifically, there are two important Acts designed to protect these workers: The Displaced Janitors Opportunity Act (“DJOA”) and the Property Service Workers Protection Act (“PSWPA”).
In 2016, the Property Service Workers Protection Act (PSWPA) was adopted. It was modified in 2017. Other than record retention, PSWPA’s next compliance date is July 1, 2018.
Commencing January 1, 2017, janitorial employers are required under PSWPA to keep accurate records for three (3) years consisting of: (A) names and addresses of all employees engaged in rendering actual services for any business of the employer, (B) daily hours worked, including the times the employee begins and ends each work day, (C) wages paid each payroll period, (D) ages of any minor employees, and (E) any other conditions of employment (job descriptions, workplace injuries, and similar type of records).
Covered janitorial employers must register with the California Labor Commissioner. The registration fee is $500. Additional information is required in the application. Registration must occur no later than July 1, 2018 (which is a Sunday). The Labor Commissioner’s Office has launched an online registration system for janitorial service providers and contractors operating in California to register annually as required by law.
The Labor Commissioner’s Office urges janitorial employers to quickly register. Those who fail to register by October 1, 2018 may be subject to a civil fine, as will any person or entity who contracts with a janitorial employer lacking valid registration.
“The online registration tool will make it easy for janitorial employers to comply with the law, and will help us to hold accountable businesses in the underground economy that underpay their workers and evade labor laws,” said Labor Commissioner Julie A. Su. “The registration requirement is another tool for property owners to distinguish law-abiding contractors from wage thieves and to protect honest businesses from unfair competition.”
The Labor Commissioner’s Office has posted a registration search tool that shows whether employers and contractors are properly registered, as well as FAQs.
For more information, call the Licensing and Registration Unit at (510) 879-8333 Monday through Friday from 8 a.m. to 5 p.m. or email dlsejanitorial@dir.ca.gov
The Division of Labor Standards Enforcement, or the Labor Commissioner’s Office, is the division within the Department of Industrial Relations (DIR) with wide-ranging enforcement responsibilities including adjudicating wage claims, inspecting workplaces for wage and hour violations, investigating retaliation complaints and educating the public on labor laws.