Janitorial Registration Frequently Asked Questions

Due to the end of the COVID-19 public health emergency, the biennial in-person sexual violence and harassment prevention training that janitorial employers must provide to their nonsupervisory and supervisory workers may now be conducted safely. The list of qualified organizations is posted on this website as of January 1, 2024. Consequently, janitorial employers must begin compliance with the biennial in-person sexual violence and harassment prevention training requirements under Labor Code section 1429.5. Please visit the sexual harassment prevention training page for additional information regarding the required training materials.

1. When are janitorial service providers required to register with the Labor Commissioner’s Office?

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.

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.

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. (online or by mail.

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.

• 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.

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

  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.

  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.

  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.

  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.

  A successor employer is liable for any wages, damages, and penalties its predecessor employer owes its former workforce if the successor employer meets any of the following criteria:

  • 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.
  • Shares in the ownership, management, control of the labor relations, or interrelations of business operations with the predecessor employer.
  • 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.
  • 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.

  (Labor Code § 1434).

  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.

  • 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 provider; and
  • a signed form (Sexual Violence and Harassment Prevention Training for Property Service Workers Employer Compliance Form DLSE 800, 11/19)
  • 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 nonsupervisory 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.

    The director shall maintain the list of qualified organizations. (Labor Code § 1429.5(h).) The list shall be updated by the director with assistance from the training advisory committee at least once every three years. (Id.) The director may approve qualified organizations on an ongoing basis, if they meet the qualifications required by Labor Code section 1429.5(f). (Id.)

    • 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.

    • denial of an employer’s application for registration (initial or renewal) (California Code of Regulations, title 8, § 13813).
    • suspension or revocation of an employer’s registration (See Labor Code § 1428; California Code of Regulations, title 8, § 13813).
    • being subject to a civil penalty of $10,000 for making a material misrepresentation on a renewal or initial application that the in-person training was provided. (Labor Code § 1432(c); California Code of Regulations, title 8, § 13812.6).