California janitorial law
What Is the Property Service Workers Protection Act?
California regulates janitorial employers more closely than most service trades, and the law reaches the businesses that hire them as well.
The short answer
The Property Service Workers Protection Act is the California law, enacted by AB 1978 in 2016 and codified at Labor Code sections 1420 to 1434, that requires janitorial employers to register with the Labor Commissioner every year, provide in-person sexual violence and harassment prevention training every two years, and keep detailed wage and hour records. It also affects buyers: under Labor Code section 1432(b), a business that contracts for janitorial services with an unregistered employer can be fined, so checking registration before signing or renewing is part of hiring a cleaning company.
Who the Property Service Workers Protection Act covers
The Act defines a covered worker as anyone working predominantly as a janitor, whether as an employee, an independent contractor or a franchisee (Labor Code section 1420(a)(1)). Its definition of employer reaches businesses that employ covered workers and those that engage them through contracts, subcontracts or franchise arrangements, so franchise cleaning systems and subcontracting chains are inside the law rather than around it.
According to the Labor Commissioner's guidance, workers whose job is predominantly final cleanup after construction are not covered workers. Registration with the Labor Commissioner's Office began on July 1, 2018.
Registration and renewal
Registration lasts one year and must be renewed annually. The application asks for formation documents, state and federal employer identification numbers and proof of workers' compensation coverage, along with disclosures about unpaid wage judgments, unpaid payroll taxes, pending wage claims and whether required training has been provided.
The Labor Commissioner can deny, suspend or revoke a registration (Labor Code section 1428). An employer operating without registration faces daily civil fines under section 1432(a), and a material misrepresentation on an application carries a separate fine under section 1432(c).
Harassment prevention training requirements
AB 547, the Janitor Survivor Empowerment Act, strengthened the training rules in Labor Code section 1429.5. The Labor Commissioner's regulations took effect on July 15, 2020, and the list of qualified training organizations was posted on January 1, 2024. The Civil Rights Department's general online harassment course does not satisfy this requirement.
| Requirement | What the law and regulations call for |
|---|---|
| Frequency | At least once every two years |
| Length and format | At least two hours, delivered in person |
| Nonsupervisory workers | Trained by a qualified peer trainer from an organization on the Labor Commissioner's list |
| Supervisors | Trained by trainers qualified under Government Code section 12950.1 |
| New hires | Trained within six months of starting the position |
| Materials | Developed by UC Berkeley's Labor Occupational Health Program |
| Records | Sign-in sheets, certificates, materials and provider details kept for three years |
Records janitorial employers must keep
Registered employers keep records for three years covering the names and addresses of employees, daily hours worked with the start and end of each work period, the wage and wage rate paid each payroll period, the ages of minor employees and other conditions of employment. For covered workers who are not employees, the employer keeps names, addresses, periods of work and compensation paid.
What the law means for the business hiring a cleaning company
Labor Code section 1432(b) imposes civil fines on any person or entity that contracts for janitorial services with an employer that is not registered when the contract is made, with higher fines for later violations. The Labor Commissioner's regulations (Title 8, section 13812.5) treat each signing, renewal, extension or modification as a separate contracting event, judged against the registry at that moment. The Labor Commissioner has cited organizations that hired unregistered janitorial contractors, along with the contractors themselves.
A second statute matters too. Labor Code section 2810 bars a business from entering a janitorial contract when it knows or should know the contract lacks funds sufficient for the contractor to comply with applicable labor laws. A bid that cannot cover legal wages for the labor it promises is a compliance risk, not just a bargain.
A buyer's compliance checklist
None of these steps takes long, and together they cover the buyer's side of the Act.
- Search the vendor on the Labor Commissioner's License and Registration Search before signing
- Search again before every renewal, extension or amendment, and save a dated copy of the result
- Require the vendor to stay registered and to notify you of any suspension or lapse
- Make loss of registration a ground for immediate termination
- Ask how the vendor meets the in-person training rule and who provides it
- Confirm that any janitorial subcontractor is registered as well
- Compare bid labor hours with legal wage costs before accepting the lowest price
Checking EBS, or any vendor
This page explains the law rather than any company's status. Before you sign or renew with any janitorial vendor, EBS included, look the company up on the Labor Commissioner's registration search and keep the result with your contract file. For the record on what EBS itself states: the company is licensed and insured, and every team member it sends out has been vetted, background-checked and trained.
Related questions
Still not sure? A supervisor can answer at the walkthrough.
Request a walkthroughAll questionsHow do I check whether a janitorial company is registered?
Use the License and Registration Search on the Department of Industrial Relations website, search by the company's legal name and confirm that the registration is current and when it expires. Repeat the search at every renewal or amendment, because the law looks at status on the date of each contracting event.
What if our vendor's registration lapses during the contract?
Raise it immediately. The vendor faces fines while unregistered, and your exposure arises if you renew, extend or modify the contract during the lapse. A contract clause requiring notice of any lapse, and allowing termination if it is not fixed, protects you.
Does the Act apply to franchise cleaning companies?
Yes. Franchisees who work predominantly as janitors are covered workers, and businesses that engage janitors through franchise arrangements fall within the employer definition. Check the registration of the entity you actually contract with, not only the brand name on the proposal.
Is this training the same as California's standard harassment training?
No. Janitorial employers must deliver this training in person, every two years, and nonsupervisory workers must be trained by a qualified peer trainer from an approved organization. The Civil Rights Department's online course, which many employers use for general compliance, does not meet this requirement.
Does the Act cover post-construction cleaning crews?
According to the Labor Commissioner's guidance, workers whose job is predominantly final cleanup after construction are not covered workers. Crews doing routine janitorial work are. If one vendor does both kinds of work for you, ask it to confirm its registration covers the janitorial side.
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