A new California law, The Property Service Workers Protection Act, seeks to protect janitors from sexual harassment and wage theft. Janitorial employers now must keep records that detail workers’ hours and pay rates and register with the state labor commissioner. The commission will make the list of registered employers publicly available through a database. The new law also requires the state to create a “sexual violence and harassment prevention training” program.
Janitorial employers now must maintain records for three years of the names and addresses of all workers, the hours they worked, and the wages they received. Yet, from a legal standpoint that still may not be long enough. It is suggested that janitorial employers actually keep such records for four years since the statute of limitations for unpaid wage claims in California is four years.
Starting July 1, 2018, the law requires janitorial employers to register each year with the state labor commissioner. To do so the employers must meet certain conditions, including proof of having any final judgments for unpaid wages. Information about janitorial employers will be accessible through a public database.
The state is now required to develop a sexual violence and harassment prevention training program for janitorial employers and their workers to be effective Jan. 1, 2019. The required training will be more extensive than the training required by California’s existing sexual harassment training law. Currently, supervisors at companies with 50 or more employees must receive this training every other year. The new law requires training for all janitorial employers regardless of size, and it requires that the training be done in person.
Violators of the registry requirements could face civil fines of up to $100 for every day that the business is unregistered—up to $10,000. The law provides that any business that contracts with an unregistered janitorial company could be fined $2,000 to $10,000 for an initial violation and $10,000 to $25,000 for a subsequent violation.
The definition of “employer” under the act could also capture nonjanitorial companies as it applies to “any person or entity that employs at least one employee and one or more covered workers” and that enters into agreements to provide janitorial services. Thus, a property owner might hire a management company that has one employee who predominantly does janitorial work. Under the act, the management company could be considered a janitorial employer subject to the new law.
In light of the new law, employers should review the nature of the work performed by their employees; consider adding language to their contract that they are not a janitorial services company within the meaning of the law and add indemnification provisions that make service providers liable for all misrepresentations with regard to janitorial services and janitorial employees.
This new law has a substantial and far reaching impact on service providers and those that contract with them. A complete review of your service provider contracts by qualified legal counsel is essential to be able to take steps to assure compliance with the act for the service provider and their customers.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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