The Janitor Bill: What Associations Need to Know Now

Contracts – Review & Preparation, Legislative Update, Maintenance

By: John R. MacDowell, Esq., CCAL®, Fiore Racobs & Powers, A PLC, Orange County Office

In 2016, the Governor of California signed the Property Service Workers Protection Act which has been commonly referred to as the Janitor Bill. This Act requires every janitorial services provider with one or more employees and one or more janitorial workers to register with the Labor Commissioner’s Office and renew the registration annually.

On June 27, 2018, the Labor Commissioner’s Office issued a News Release stating that the online registration system is now launched. The release also mentioned that companies 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 law also provides that janitorial contractors are required to renew their application annually and provide their employees with sexual harassment training every two years beginning January 1, 2019.

What does this mean for your community association?

Under the bill, most community associations are not considered employers. Employers are companies that have at least on employee and one or more covered workers.
There is, however, a duty for associations to verify registration using the online tool before contracting or hiring any janitorial service provider.
If a community association hires an employer that is unregistered at the time the contract is executed, renewed or extended, it will be subject to fines of $10,000 for a first violation and up to $25,000 for subsequent violations.
Associations’ contracts with janitorial services should require them to comply with the bill and to pay any fines against the association if they fail to comply.
Community associations should verify that the janitorial company is registered with the California State Labor Commissioner’s Office and that all requirements of Labor Code Section 1420 et seq., including but not limited to all regulations, statutes and codes are maintained. The Labor Commissioner’s office also provides FAQs regarding The Janitor Bill and its implementation.

John R. MacDowell is a Senior Shareholder at Fiore Racobs & Powers, A PLC, and Managing Attorney of the firm’s Orange County office. He can be reached at JMacDowell@fiorelaw.com.

This Legal Update is published as a service to the clients, business associates, and friends of Fiore Racobs & Powers, A PLC, and is meant for advertising purposes only. It is not intended to be a solicitation and does not constitute the practice of law. While every effort is made to ensure accuracy, the legal analysis is not intended to be exhaustive, and recipients should not act on information contained herein without seeking more specific professional legal advice. The firm is not responsible for any errors that may inadvertently occur during publication. Copyright 2018, Fiore Racobs & Powers, A PLC.