Amended in Assembly May 31, 2016

Amended in Assembly April 13, 2016

Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1978

Introduced by Assembly Member Gonzalez

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(Coauthors: Assembly Members Chu, Lopez, McCarty, Rodriguez, Santiago, Thurmond, and Weber)

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February 16, 2016

An act to begin insert amend Section 12940 of the Government Code, and to amend Section 1106 of, and to end insert add Part 4.2 (commencing with Section 1420) to Division 2 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 1978, as amended, Gonzalez. Employment: property service workers.

Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law establishes within the department the Division of Labor Standards Enforcement, which is vested with the general duty of enforcing labor laws, including those relating to wage claims and employer retaliation. Existing law requires the Labor Commissioner, defined as the Chief of the Division of Labor Standards Enforcement, to establish and maintain a field enforcement unit in order to ensure that minimum labor standards are met.

The California Occupational Safety and Health Act of 1973 establishes certain safety and other responsibilities of employers and employees, including a requirement that every employer establish, implement, and maintain an effective injury prevention program. The act requires the program to be written, except as specified, and to include certain elements.

This bill would establish specific standards and protections for property service workers, to be known as the Property Service Workers Protection Act, and define terms for its purposes.

The bill would require the begin delete department, end delete begin insert Labor Commissioner, end insert no later than July 1, begin delete 2017, end delete begin insert 2018, end insert to develop worker and supervisor materials for a prescribed 4-hour training regarding sexual begin delete harassment, sexual violence, and human trafficking end delete begin insert violence and sexual harassment end insert and to make those materials available to employers, covered workers, and the public through, among other means, posting on its Internet Web site. The bill would require begin delete the department by that date to establish requirements for end delete begin insert commissioner, beginning July 1, 2019, to update theses materials annually. The bill would, on and after July 1, 2018, require end insert employers who provide janitorial services to begin insert have a system to end insert require that covered workers and supervisors, at least annually, receive prescribed in-person training on begin insert workplace sexual violence and end insert sexual harassment begin delete and sexual assault end delete . The bill would require the begin delete department end delete begin insert commissioner end insert to establish standards and requirements for trainers and recordkeeping relating to training. The bill would require the begin delete department by that date to establish a toll-free hotline for reporting of complaints and incidents of workplace sexual harassment, sexual violence, and human trafficking and require workplace notice to employees of existing rights in this area. end delete begin insert Labor Commissioner to develop minimum qualifications for trainers who provide the training. end insert

The bill would require the Occupational Safety and Health Standards Board, by begin delete July 1, 2017, end delete begin insert January 1, 2018, end insert to adopt standards developed by the Division of Occupational Safety and begin delete Health end delete begin insert Health, in consultation with a specified advisory group, end insert that require an employer to adopt a workplace sexual violence and sexual harassment prevention plan as a part of its injury and illness prevention plan, to protect covered workers from begin insert workplace end insert sexual violence and begin insert sexual end insert harassment.

The bill would require the registration of employers conducting janitorial business, as prescribed, and establish specific authority for the begin delete Director of Industrial Relations end delete begin insert Labor Commissioner end insert to enforce and implement that requirement. The bill would set application and renewal fees. The bill would prohibit an employer, on or after January 1, 2018, from conducting any janitorial business without a valid registration. The bill would require an employer to include specific information in the registration application, subscribed and sworn to under penalty of perjury, thereby imposing a state-mandated local program by expanding the scope of the crime of perjury. The bill would prohibit the granting of registration under specific circumstances, authorize the director to begin delete revoke, end delete begin insert deny, end insert suspend, or begin delete place a registration on probation, as prescribed, and would end delete void a registration in certain circumstances. The bill would require the begin delete director end delete begin insert commissioner end insert , on and after begin delete February end delete begin insert July end insert 1, 2018, to maintain on the begin delete department’s end delete begin insert commissioner’s end insert Internet Web site a regularly updated, searchable database of registered employers, and, on and after July 1, begin delete 2018, end delete begin insert 2019, end insert a searchable database regarding the compliance and enforcement activities of the department.

The bill would establish various compliance and enforcement provisions, including a requirement that the director establish a Property Services Compliance Unit to enforce the act. The bill would establish civil fines and provide for labor compliance agreements, stop order authority, audits, and investigations. The bill would impose a state-mandated local program by making it a crime to conduct any janitorial business without a valid registration, or to fail to observe a stop order. begin delete The bill would establish specific protections against discrimination and retaliation for engaging in conduct delineated in the bill, including civil and criminal penalties and a right to take civil action. end delete

The bill would require the deposit of registration fees and specific civil fines in the State Janitorial Contractor Registration Fund, which the bill would create, and make the moneys in the fund available, upon appropriation, for the reasonable costs of administering the registration of janitorial contractors and the costs and obligations associated with the administration and enforcement of the bill by the begin delete department. end delete begin insert commissioner. end insert The bill, to provide adequate cash flow for those purposes, would authorize the Director of Finance, with the concurrence of the Secretary of the Labor and Workforce Development Agency, to approve a short-term loan each fiscal year from the Labor and Workforce Development Fund to the State Janitorial Contractor Registration Fund.

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The bill would require the department, before July 1, 2017, to develop certain standards and procedures regarding violations of the bill.

end delete begin insert

The bill would make conforming changes regarding the definition of an employer.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 12940 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

12940.  

It is an unlawful employment practice, unless based
upon a bona fide occupational qualification, or, except where based
upon applicable security regulations established by the United
States or the State of California:

(a) For an employer, because of the race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or
military and veteran status of any person, to refuse to hire or
employ the person or to refuse to select the person for a training
program leading to employment, or to bar or to discharge the
person from employment or from a training program leading to
employment, or to discriminate against the person in compensation
or in terms, conditions, or privileges of employment.

(1) This part does not prohibit an employer from refusing to
hire or discharging an employee with a physical or mental
disability, or subject an employer to any legal liability resulting
from the refusal to employ or the discharge of an employee with
a physical or mental disability, where the employee, because of
his or her physical or mental disability, is unable to perform his
or her essential duties even with reasonable accommodations, or
cannot perform those duties in a manner that would not endanger
his or her health or safety or the health or safety of others even
with reasonable accommodations.

(2) This part does not prohibit an employer from refusing to
hire or discharging an employee who, because of the employee’s
medical condition, is unable to perform his or her essential duties
even with reasonable accommodations, or cannot perform those
duties in a manner that would not endanger the employee’s health
or safety or the health or safety of others even with reasonable
accommodations. Nothing in this part shall subject an employer
to any legal liability resulting from the refusal to employ or the
discharge of an employee who, because of the employee’s medical
condition, is unable to perform his or her essential duties, or cannot
perform those duties in a manner that would not endanger the
employee’s health or safety or the health or safety of others even
with reasonable accommodations.

(3) Nothing in this part relating to discrimination on account of
marital status shall do either of the following:

(A) Affect the right of an employer to reasonably regulate, for
reasons of supervision, safety, security, or morale, the working of
spouses in the same department, division, or facility, consistent
with the rules and regulations adopted by the commission.

(B) Prohibit bona fide health plans from providing additional
or greater benefits to employees with dependents than to those
employees without or with fewer dependents.

(4) Nothing in this part relating to discrimination on account of
sex shall affect the right of an employer to use veteran status as a
factor in employee selection or to give special consideration to
Vietnam-era veterans.

(5) (A) This part does not prohibit an employer from refusing
to employ an individual because of his or her age if the law
compels or provides for that refusal. Promotions within the existing
staff, hiring or promotion on the basis of experience and training,
rehiring on the basis of seniority and prior service with the
employer, or hiring under an established recruiting program from
high schools, colleges, universities, or trade schools do not, in and
of themselves, constitute unlawful employment practices.

(B) The provisions of this part relating to discrimination on the
basis of age do not prohibit an employer from providing health
benefits or health care reimbursement plans to retired persons that
are altered, reduced, or eliminated when the person becomes
eligible for Medicare health benefits. This subparagraph applies
to all retiree health benefit plans and contractual provisions or
practices concerning retiree health benefits and health care
reimbursement plans in effect on or after January 1, 2011.

(b) For a labor organization, because of the race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status of any person, to exclude,
expel, or restrict from its membership the person, or to provide
only second-class or segregated membership or to discriminate
against any person because of the race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or
military and veteran status of the person in the election of officers
of the labor organization or in the selection of the labor
organization’s staff or to discriminate in any way against any of
its members or against any employer or against any person
employed by an employer.

(c) For any person to discriminate against any person in the
selection, termination, training, or other terms or treatment of that
person in any apprenticeship training program, any other training
program leading to employment, an unpaid internship, or another
limited duration program to provide unpaid work experience for
that person because of the race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or military
and veteran status of the person discriminated against.

(d) For any employer or employment agency to print or circulate
or cause to be printed or circulated any publication, or to make
any nonjob-related inquiry of an employee or applicant, either
verbal or through use of an application form, that expresses,
directly or indirectly, any limitation, specification, or discrimination
as to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status, or any intent
to make any such limitation, specification, or discrimination. This
part does not prohibit an employer or employment agency from
inquiring into the age of an applicant, or from specifying age
limitations, where the law compels or provides for that action.

(e) (1) Except as provided in paragraph (2) or (3), for any
employer or employment agency to require any medical or
psychological examination of an applicant, to make any medical
or psychological inquiry of an applicant, to make any inquiry
whether an applicant has a mental disability or physical disability
or medical condition, or to make any inquiry regarding the nature
or severity of a physical disability, mental disability, or medical
condition.

(2) Notwithstanding paragraph (1), an employer or employment
agency may inquire into the ability of an applicant to perform
job-related functions and may respond to an applicant’s request
for reasonable accommodation.

(3) Notwithstanding paragraph (1), an employer or employment
agency may require a medical or psychological examination or
make a medical or psychological inquiry of a job applicant after
an employment offer has been made but prior to the
commencement of employment duties, provided that the
examination or inquiry is job related and consistent with business
necessity and that all entering employees in the same job
classification are subject to the same examination or inquiry.

(f) (1) Except as provided in paragraph (2), for any employer
or employment agency to require any medical or psychological
examination of an employee, to make any medical or psychological
inquiry of an employee, to make any inquiry whether an employee
has a mental disability, physical disability, or medical condition,
or to make any inquiry regarding the nature or severity of a physical
disability, mental disability, or medical condition.

(2) Notwithstanding paragraph (1), an employer or employment
agency may require any examinations or inquiries that it can show
to be job related and consistent with business necessity. An
employer or employment agency may conduct voluntary medical
examinations, including voluntary medical histories, which are
part of an employee health program available to employees at that
worksite.

(g) For any employer, labor organization, or employment agency
to harass, discharge, expel, or otherwise discriminate against any
person because the person has made a report pursuant to Section
11161.8 of the Penal Code that prohibits retaliation against hospital
employees who report suspected patient abuse by health facilities
or community care facilities.

(h) For any employer, labor organization, employment agency,
or person to discharge, expel, or otherwise discriminate against
any person because the person has opposed any practices forbidden
under this part or because the person has filed a complaint, testified,
or assisted in any proceeding under this part.

(i) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts forbidden under this part, or to attempt to
do so.

(j) (1) For an employer, labor organization, employment agency,
apprenticeship training program or any training program leading
to employment, or any other person, because of race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status, to harass an employee,
an applicant, an unpaid intern or volunteer, or a person providing
services pursuant to a contract. Harassment of an employee, an
applicant, an unpaid intern or volunteer, or a person providing
services pursuant to a contract by an employee, other than an agent
or supervisor, shall be unlawful if the entity, or its agents or
supervisors, knows or should have known of this conduct and fails
to take immediate and appropriate corrective action. An employer
may also be responsible for the acts of nonemployees, with respect
to sexual harassment of employees, applicants, unpaid interns or
volunteers, or persons providing services pursuant to a contract in
the workplace, where the employer, or its agents or supervisors,
knows or should have known of the conduct and fails to take
immediate and appropriate corrective action. In reviewing cases
involving the acts of nonemployees, the extent of the employer’s
control and any other legal responsibility that the employer may
have with respect to the conduct of those nonemployees shall be
considered. An entity shall take all reasonable steps to prevent
harassment from occurring. Loss of tangible job benefits shall not
be necessary in order to establish harassment.

(2) The provisions of this subdivision are declaratory of existing
law, except for the new duties imposed on employers with regard
to harassment.

(3) An employee of an entity subject to this subdivision is
personally liable for any harassment prohibited by this section that
is perpetrated by the employee, regardless of whether the employer
or covered entity knows or should have known of the conduct and
fails to take immediate and appropriate corrective action.

(4) (A) For purposes of this subdivision only, “employer” means
any person regularly employing one or more persons or regularly
receiving the services of one or more persons providing services
pursuant to a contract, or any person acting as an agent of an
employer, directly or indirectly, the state, or any political or civil
subdivision of the state, and cities. The definition of “employer”
in subdivision (d) of Section 12926 applies to all provisions of this
section other than this subdivision.

(B) Notwithstanding subparagraph (A), for purposes of this
subdivision, “employer” does not include a religious association
or corporation not organized for private profit, except as provided
in Section 12926.2.

(C) For purposes of this subdivision, “harassment” because of
sex includes sexual harassment, gender harassment, and harassment
based on pregnancy, childbirth, or related medical conditions.
Sexually harassing conduct need not be motivated by sexual desire.

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(D) For purposes of this subdivision, on and after July 1, 2018:

end insert begin insert

(i) Any person or entity that contracts with a janitorial employer
as defined by subdivision (d) of Section 1421 of the Labor Code
who lacks a current and valid registration under Part 4.2
(commencing with Section 1420) of Division 2 of the Labor Code
on the date the person or entity enters into or renews a contract
or subcontract for janitorial services with the janitorial employer,
is an “employer” as defined by paragraph (4).

end insert begin insert

(ii) Any person or entity that contracts with a janitorial
employer, as defined by subdivision (d) of Section 1421 of the
Labor Code, who has a current and valid registration under Part
4.2 (commencing with Section 1420) of Division 2 of the Labor
Code on the date the person or entity enters into or renews a
contract or subcontract for janitorial services with the janitorial
employer, is presumed not to be an “employer” as defined by
paragraph (4) of the persons providing services pursuant to the
contract or subcontract for janitorial services.

end insert

(5) For purposes of this subdivision, “a person providing services
pursuant to a contract” means a person who meets all of the
following criteria:

(A) The person has the right to control the performance of the
contract for services and discretion as to the manner of
performance.

(B) The person is customarily engaged in an independently
established business.

(C) The person has control over the time and place the work is
performed, supplies the tools and instruments used in the work,
and performs work that requires a particular skill not ordinarily
used in the course of the employer’s work.

(k) For an employer, labor organization, employment agency,
apprenticeship training program, or any training program leading
to employment, to fail to take all reasonable steps necessary to
prevent discrimination and harassment from occurring.

(l) (1) For an employer or other entity covered by this part to
refuse to hire or employ a person or to refuse to select a person
for a training program leading to employment or to bar or to
discharge a person from employment or from a training program
leading to employment, or to discriminate against a person in
compensation or in terms, conditions, or privileges of employment
because of a conflict between the person’s religious belief or
observance and any employment requirement, unless the employer
or other entity covered by this part demonstrates that it has explored
any available reasonable alternative means of accommodating the
religious belief or observance, including the possibilities of
excusing the person from those duties that conflict with his or her
religious belief or observance or permitting those duties to be
performed at another time or by another person, but is unable to
reasonably accommodate the religious belief or observance without
undue hardship, as defined in subdivision (u) of Section 12926,
on the conduct of the business of the employer or other entity
covered by this part. Religious belief or observance, as used in
this section, includes, but is not limited to, observance of a Sabbath
or other religious holy day or days, reasonable time necessary for
travel prior and subsequent to a religious observance, and religious
dress practice and religious grooming practice as described in
subdivision (q) of Section 12926. This subdivision shall also apply
to an apprenticeship training program, an unpaid internship, and
any other program to provide unpaid experience for a person in
the workplace or industry.

(2) An accommodation of an individual’s religious dress practice
or religious grooming practice is not reasonable if the
accommodation requires segregation of the individual from other
employees or the public.

(3) An accommodation is not required under this subdivision
if it would result in a violation of this part or any other law
prohibiting discrimination or protecting civil rights, including
subdivision (b) of Section 51 of the Civil Code and Section 11135
of this code.

(4) For an employer or other entity covered by this part to, in
addition to the employee protections provided pursuant to
subdivision (h), retaliate or otherwise discriminate against a person
for requesting accommodation under this subdivision, regardless
of whether the request was granted.

(m) (1) For an employer or other entity covered by this part to
fail to make reasonable accommodation for the known physical
or mental disability of an applicant or employee. Nothing in this
subdivision or in paragraph (1) or (2) of subdivision (a) shall be
construed to require an accommodation that is demonstrated by
the employer or other covered entity to produce undue hardship,
as defined in subdivision (u) of Section 12926, to its operation.

(2) For an employer or other entity covered by this part to, in
addition to the employee protections provided pursuant to
subdivision (h), retaliate or otherwise discriminate against a person
for requesting accommodation under this subdivision, regardless
of whether the request was granted.

(n) For an employer or other entity covered by this part to fail
to engage in a timely, good faith, interactive process with the
employee or applicant to determine effective reasonable
accommodations, if any, in response to a request for reasonable
accommodation by an employee or applicant with a known physical
or mental disability or known medical condition.

(o) For an employer or other entity covered by this part, to
subject, directly or indirectly, any employee, applicant, or other
person to a test for the presence of a genetic characteristic.

(p) Nothing in this section shall be interpreted as preventing the
ability of employers to identify members of the military or veterans
for purposes of awarding a veteran’s preference as permitted by
law.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 1106 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

1106.  

For purposes of Sections 1102.5, 1102.6, 1102.7, 1102.8,
1104, and 1105, “employee” includes, but is not limited to, any
individual employed by the state or any subdivision thereof, any
county, city, city and county, including any charter city or county,
and any school district, community college district, municipal or
public corporation, political subdivision, or the University of

begin delete California. end delete begin insert California, or any covered worker as defined in
subdivision (a) of Section 1421. end insert

begin delete SECTION 1. end delete

begin insert SEC. 3. end insert   

Part 4.2 (commencing with Section 1420) is added to
Division 2 of the Labor Code, to read:

 

PART 4.2.  Property Service Workers Protection
Act

 

Chapter  1. General

 

1420.  

(a) The Legislature finds and declares that in the
janitorial industry in this state:

(1) Workers are widely victimized by wage theft, begin delete sexual
harassment and assault, end delete begin insert workplace sexual violence and harassment, end insert
failure to provide workers’ compensation insurance, and other
begin delete “low-road” end delete begin insert illegal end insert practices perpetrated by unscrupulous begin delete employers end delete
begin insert contractors end insert that fail to comply with existing labor standards laws.

begin insert

(2) Workers in janitorial occupations often work alone at night,
making them vulnerable to sexual violence and harassment while
on the job, a condition that is exacerbated by low pay, low job
mobility, and inadequate training. Adopting standards to protect
workers from sexual violence and sexual harassment must be an
obligation of all involved in the janitorial industry.

end insert begin delete

(2) Contractors

end delete

begin insert (3) end insert begin insert   end insert begin insert Contractors, including subcontractors and franchisors, end insert are
often undercapitalized, change names, and abuse their corporate
identity; making it difficult for victimized workers to secure
meaningful legal relief.

begin delete

(3)

end delete

begin insert (4) end insert  While some begin delete “high-road” employers end delete begin insert contractors end insert comply with
labor standards laws and invest in training and retaining a more
skilled workforce, these begin delete employers end delete begin insert contractors end insert are undercut by
begin delete low-road end delete begin insert unscrupulous end insert competitors in a continual race to the
bottom.

begin delete

(4)

end delete

begin insert (5) end insert  It is in the public interest that begin delete employers end delete begin insert contractors end insert compete
primarily on the basis of quality, efficiency, and innovation, and
not through a race to the bottom that perpetuates substandard
working conditions and lack of compliance with labor standards
laws.

begin delete

(5)

end delete

begin insert (6) end insert  Despite the state’s begin insert many end insert efforts over the years to bring
underground economy practices in the janitorial industry under
control, these practices persist.

begin delete

(6)

end delete

begin insert (7) end insert  Absent additional regulation of labor standards by the state
to prevent the undercutting of begin delete high-road employers, end delete begin insert law-abiding
contractors, end insert the current situation is unlikely to change.

begin delete

(7) Workers in janitorial occupations often work alone at night,
making them vulnerable to sexual violence and harassment while
on the job, a condition that is exacerbated by low pay, low job
mobility, and poor training. Adopting standards to protect workers
from sexual violence and sexual harassment should be an obligation
of all janitorial industry employers.

end delete

(b) It is the intent of the Legislature in enacting this part to:

(1) Direct begin delete the department to develop worker and supervisor
education materials regarding sexual harassment and sexual
violence that are tailored to the janitorial industry in the languages
and literacy levels appropriate to the janitorial workforce, and to
establish requirements for the frequency of that training for
supervisors and workers, and standards for trainers who are to
deliver training. end delete begin insert janitorial contractors to post a notice regarding
workplace sexual violence and harassment and to establish a
system to require all janitorial workers and supervisors to at least
annually receive comprehensive in-person training regarding
workplace sexual violence and harassment tailored to the janitorial
industry. It is also the intent of the Legislature, in enacting this
part, to direct the Labor Commissioner, in consultation with labor
organizations that represent janitors and with nonprofits that
advocate for policies and standards to prevent workplace sexual
violence and harassment in the janitorial industry, to develop the
notice and the worker and supervisor education materials for these
trainings in the languages and literacy levels that are appropriate
for the janitorial workforce, and to establish standards for the
trainers who are to deliver these trainings. end insert

(2) Direct the Occupational Safety and Health Standards Board
to require janitorial industry begin delete employers end delete begin insert contractors end insert to include the
begin delete training end delete begin insert training, indicated in paragraph (1) above, end insert as part of their
injury and illness prevention plans.

(3) Establish a system of janitorial contractor registration to
encourage labor standards compliance and to establish prompt and
effective sanctions for violating this begin delete part. end delete begin insert act. end insert

1421.  

This part shall be known, and may be cited, as the
Property Service Workers Protection Act.

1422.  

For purposes of this part:

begin delete

(a) “Covered laws” means Chapter 10 (commencing with
Section 690.020) of Division 1 of Title 9 of Part 2 of the Code of
Civil Procedure, Article 1 (commencing with Section 12940) of
Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government
Code, and the Labor Code, including, but not limited to, Sections
96.8, 98, 238 to 238.5, inclusive, 558.1, and 2810, and Chapter
4.5 (commencing with Section 1060) of Part 3.

end delete begin delete

(b)

end delete

begin insert (a) end insert begin insert   end insert begin insert (1) end insert  “Covered worker” means a janitor, including any
individual begin insert predominantly end insert working, whether as an employee,
independent contractor, or a franchisee, as a janitor, as that term
is defined in the federal Service Contract Act Directory of
Occupations. begin delete If an individual’s work duties are predominantly
those of a janitor as defined therein, that person shall be deemed
a janitor for purposes of this part. end delete

begin insert

(2) “Covered workers” does not include any individual whose
work duties are predominantly final cleanup of debris, grounds,
and buildings near the completion of a construction, alteration,
demolition, installation, or repair work project, including, but not
limited to, street cleaners.

end insert begin insert

(b) “Current and valid registration” means an active
registration pursuant to Chapter 3 (commencing with Section
1430) that is not void or suspended.

end insert begin insert

(c) “Director” means the Director of the Department of
Industrial Relations.

end insert begin insert

(d) “Department” means the Department of Industrial Relations.

end insert begin delete

(c)

end delete

begin insert (e) end insert  (1) “Employer” means any person or entity that employs at
least one employee and one or more covered workers and that
enters into contracts, subcontracts, or franchise arrangements to
provide janitorial services. The term “employer” includes the term
“covered successor employer.”

(2) “Covered successor employer” means an employer who
meets one or more of the following criteria:

(A) Uses substantially the same facilities, equipment,
supervisors, and workforce to offer substantially the same services
to substantially the same clients as a predecessor employer. An
employer begin delete that end delete begin insert who end insert has operated with a begin insert current and end insert valid
registration for at least the preceding three years shall not be
considered a covered successor employer for using substantially
the same facilities, equipment, supervisors, and workforce to
substantially the same clients, if all of the following apply:

(i) The individuals in the workforce were not referred or supplied
for employment by the predecessor employer to the successor
employer.

(ii) The successor employer has not had any interest in, or
connection with, the operation, ownership, management, or control
of the business of the predecessor employer within the preceding
three years.

begin delete

(iii) The successor employer has not been determined to have
violated any of the covered laws.

end delete

(B) Shares in the ownership, management, control of the
workforce, or interrelations of business operations with the
predecessor employer.

(C) Is an immediate family member of any owner, partner,
officer, licensee, or director of the predecessor employer or of any
person who had a financial interest in the predecessor employer.
“Immediate family member” means a spouse, parent, sibling, son,
daughter, uncle, aunt, niece, nephew, grandparent, begin insert grandson,
granddaughter, end insert mother-in-law, father-in-law, brother-in-law,
sister-in-law, or cousin.

begin insert

(f) “Labor Commissioner” means the Labor Commissioner of
the Division of Labor Standards Enforcement of the Department.

end insert begin delete

(d)

end delete

begin insert (g) end insert  “State Janitorial Contractor Registration Fund” or “fund”
means the State Janitorial Contractor Registration Fund established
in Chapter 5 (commencing with Section 1445).

begin delete

(e)

end delete

begin insert (h) end insert  “Standards board” means the Occupational Safety and Health
Standards Board.

begin delete

(f)

end delete

begin insert (i) end insert  “Supervisor” begin delete means any individual having the authority, in
the interest of the employer, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline workers,
or the responsibility to direct them, or to adjust their grievances,
or effectively to recommend that action, if, in connection with the
foregoing, the exercise of that authority is not of a merely routine
or clerical nature, but requires the use of independent judgment. end delete

begin insert has the same meaning as in subdivision (t) of Section 12926 of the
Government Code. end insert

 

Chapter  2. Protections Against Workplace Sexual
Violence and Harassment

 

1425.  

(a) The begin delete department, end delete begin insert Labor Commissioner, end insert no later than
begin delete July 1, 2017, end delete begin insert January 1, 2018, end insert shall do all of the begin delete following: end delete

begin insert following in consultation and partnership with an advisory group
that meets the requirements of Section 1427: end insert

(1) Develop worker and supervisor agendas, handouts,
begin delete facilitation end delete begin insert trainer end insert guides, and other materials for a four-hour
training regarding sexual begin delete harassment, sexual violence, and human
trafficking end delete begin insert violence and sexual harassment end insert that are appropriate
for the janitorial industry and the languages and literacy levels of
covered workers.

(A) Training materials shall include information related to:
definitions of workplace sexual begin delete harassment, sexual assault, and
human trafficking; end delete begin insert violence and sexual harassment; end insert employers’
legal obligations to prevent begin insert workplace end insert sexual begin delete harassment and
assault; end delete begin insert violence and sexual harassment; end insert potential legal and
disciplinary consequences for employers and perpetrators of
workplace sexual begin delete harassment and assault; end delete begin insert violence and sexual
harassment; end insert community, mental health, and legal resources locally
available for begin delete survivors of end delete begin insert those who have experienced end insert workplace
sexual begin delete harassment or assault; end delete begin insert violence and sexual harassment; end insert
legal protections available to immigrant workers subjected to
workplace sexual begin delete harassment or sexual assault, end delete begin insert violence and sexual
harassment, end insert including, but not limited to, the federal U
nonimmigrant status known as U begin delete visa, and protections for victims
of human trafficking; end delete begin insert visa; end insert prevention, protection, and reporting
strategies for workplace sexual begin delete harassment, sexual assault, or
human trafficking; end delete begin insert violence and sexual harassment; end insert information
on filing administrative complaints with the appropriate state and
federal agencies; antiretaliation and other legal protections for
those who have experienced begin insert workplace end insert sexual begin delete harassment and
sexual assault; end delete begin insert violence and sexual harassment; end insert information
regarding the Injury and Illness Protection Program of the Division
of Occupational Safety and Health, begin insert and on the employer’s
workplace sexual violence and sexual harassment prevention plan,
as described in Section 1426, end insert and other topics as the begin delete director end delete begin insert Labor
Commissioner end insert deems necessary for janitorial workers and
supervisors.

(B) The begin delete department end delete begin insert Labor Commissioner end insert shall provide these
materials in all languages that are the language spoken at home of
at least begin delete 500 end delete begin insert 2,000 end insert janitors (ACS Occupation Code 4220) who
reside in this state, as determined by the most recent American
Community Survey of the United States Census Bureau.

(C)  begin delete The department end delete begin insert Beginning July 1, 2019, the Labor
Commissioner end insert shall update these materials on or before July 1 of
each year and make them available to employers, covered workers,
and the public through, among other means, posting on its Internet
Web site.

begin delete

(2) Establish requirements that employers shall require all
covered workers and supervisors to, at least annually, receive
comprehensive, accurate and appropriate in-person training lasting
at least four hours regarding sexual harassment and sexual assault
that provides an opportunity for interactive questions and answers.
These mandatory trainings shall use the worker and supervisor
training materials in paragraph (1) of subdivision (a) and shall be
delivered in the primary language spoken by at least 25 percent of
the employer’s covered workers. Employers shall provide these
in-person trainings at no cost to all covered workers and to all
supervisors of covered workers on at least an annual basis and
within 30 days of hire. Employers shall pay employees and
supervisors at their regular rate of pay for participating in these
trainings or, if required by law, at their overtime rate of pay.

end delete begin delete

(3)

end delete

begin insert (2) end insert  Establish minimum qualification standards for trainers who
may deliver training, including but not limited to, a minimum of
five years of experience conducting adult education with the
demographics of the janitorial workforce. The collective bargaining
agent that represents the employer’s covered workers or the
designee of the collective bargaining agent may deliver trainings.

begin delete

(4) Establish requirements for employers to maintain accurate
records documenting the delivery of training by qualified trainers
which includes: sign-in sheets with the participants’ and qualified
trainer’s signatures; a listing of the names, addresses, and telephone
numbers of the participants and of the qualified trainers; and a
copy of the materials provided and used in the training.

(5) Establish a toll-free hotline for the reporting of complaints
and incidents of workplace sexual harassment, sexual assault, and
human trafficking to the Division of Occupational Safety and
Health, the Department of Fair Employment and Housing, and to
the National Human Trafficking Resource Center. The hotline
shall provide service in all the languages that meet the requirements
of subparagraph (B) of paragraph (1).

(6) Require employers to post and display prominently a notice,
of a size, form, and content as the director prescribes, in a
conspicuous place where it may be read by covered workers during
work hours, and in all places where notices to covered workers
are posted both physically and electronically. The notice shall
inform covered workers of their rights under the sexual harassment
and human trafficking laws, contain examples of illegal employer
conduct, provide the hotline number in paragraph (5) and provide
the contact information for local resources to assist those who have
experienced sexual harassment and human trafficking. Where a
significant portion of the employer’s workforce of covered workers
is not proficient in English, the employer shall provide the notice
in the language the covered workers speak. The department shall
develop an approved notice in all languages that meet the
requirements of subparagraph (B) of paragraph (1) and make that
notice available on its Internet Web site.

(7) Appoint an advisory group of stakeholders to assist the
department in carrying out its responsibilities under this
subdivision. The advisory group shall include representatives from
a nonprofit organization that advocates for standards to protect
workers in the janitorial industry from workplace sexual harassment
and assault and from a labor organization that represents covered
workers.

(8) Adopt regulations as the department determines to be
necessary to carry out this subdivision.

(b)

end delete begin insert

(3) Develop the size, form, and content of a notice to be posted
by employers consistent with the requirements of paragraph (3)
of subdivision (b), below, that shall inform covered workers of
their rights under the anti-sexual harassment laws, contain
examples of illegal employer conduct, and provide the telephone
numbers for nonprofit, nongovernmental organizations able to
provide help, referral services, training, and general information
to those who have experienced workplace sexual violence and
harassment or labor trafficking. The Labor Commissioner shall
develop an approved notice that has been translated into the
languages specified in subparagraph (B) of paragraph (1) of
subdivision (a) and shall make the notice available on its Internet
Web site.

end insert begin insert

(b) On and after July 1, 2018, all employers shall:

end insert begin insert

(1) Have a system to require all covered workers and
supervisors to, at least annually, receive comprehensive, accurate
and appropriate in-person training lasting at least four hours
regarding workplace sexual violence and sexual harassment that
provides an opportunity for interactive questions and answers.
These mandatory trainings shall use the worker and supervisor
materials in paragraph (1) of subdivision (a) and shall be delivered
in English and in all primary languages spoken at home by at least
25 percent of the employer’s covered workers in the State of
California. Employers shall provide these in-person trainings at
no cost to all covered workers and to all supervisors of covered
workers on at least an annual basis and within 60 days of hire.
Employers shall pay employees and supervisors at their regular
rate of pay for participating in these trainings or, if the training
causes an employee or supervisor to work overtime hours, at his
or her overtime rate of pay.

end insert begin insert

(2) Maintain accurate records for a minimum of three years
documenting the delivery of training by qualified trainers which
includes: certificates of completion for participants, sign-in sheets
with the participants’ and qualified trainer’s signatures; a listing
of the names, addresses, and telephone numbers of the participants
and of the qualified trainers, and a copy of the materials provided
and used in the training.

end insert begin insert

(3) Post and display prominently a notice that complies with
the requirements of paragraph (3) of subdivision (a) in all
languages that have been made available by the Labor
Commissioner. The notice shall be posted in a conspicuous place
where the notice may be read by covered workers during work
hours, and in all places where notices to covered workers are
posted both physically and electronically.

end insert begin insert

(c) The Labor Commissioner shall have broad authority to
enforce and implement the provisions of this chapter and may
establish through regulation any procedures necessary to carry
out such provisions.

end insert

begin insert

begin insert 1426. end insert   

end insert

begin insert (a) end insert  The standards board, by no later than begin delete July 1, 2017, end delete
begin insert January 1, 2018, end insert shall adopt standards developed by the Division
of Occupational Safety and begin delete Health end delete begin insert Health, in consultation and
partnership with an advisory group that meets the requirements
of Section 1427, end insert that require an employer to adopt a workplace
sexual violence and sexual harassment prevention plan, as a part
of its injury and illness prevention plan, to protect covered workers
from begin insert workplace end insert sexual violence and harassment.

begin delete

(c)

end delete

begin insert (b) end insert  The standards adopted pursuant to subdivision begin delete (b) end delete begin insert (a) end insert shall
include all of the following:

(1) A requirement that the workplace sexual violence and sexual
harassment prevention plan shall be begin insert in effect at all times and end insert in
written form for all employers.

(2) A requirement that the workplace sexual violence and sexual
harassment prevention plan include specific means for janitors
who work during the nighttime or early morning hours to work in
pairs, or to have an equivalent form of protection.

(3) A requirement that the workplace sexual violence and sexual
harassment prevention plan include specific protections for begin delete janitors
against end delete begin insert covered workers against workplace sexual end insert violence and
sexual harassment from clients, coworkers, begin delete and outsiders. end delete

begin insert supervisors, building tenants, visitors, and intruders. end insert

begin insert

(4) A system to, at least annually, assess and improve upon
factors that may contribute to, or help prevent workplace sexual
violence and sexual harassment.

end insert begin delete

(4)

end delete

begin insert (5) end insert  A requirement that all workplace sexual violence and sexual
harassment prevention begin delete plans end delete begin insert plans, and the annual assessment of
those plans, end insert be developed in begin delete conjunction end delete begin insert consultation and
partnership end insert with covered workers, including their recognized
collective bargaining agents, if any.

begin delete

(5)

end delete

begin insert (6) end insert  A requirement that all workplace sexual violence and sexual
harassment prevention plans include begin delete the training of all covered
workers and supervisors of covered workers consistent with
subdivision (a). end delete begin insert training, notice, and recordkeeping requirements
consistent with the requirements of Section 1425. end insert

begin delete

(6)

end delete

begin insert (7) end insert  A requirement that employers maintain records of complaints
and incidents of workplace sexual violence and sexual begin delete harassment, end delete
begin insert harassment for a minimum period of three years, end insert including the
date, number of employees involved, nature of the claim or
incident, worksite location, investigation begin delete steps end delete begin insert steps, end insert and results
of the employer’s investigation.

begin delete

(7)

end delete

begin insert (8) end insert  A requirement that employers screen supervisors for
convictions of any of the acts listed in subdivision (c) of Section
290 of the Penal Code, for being listed on the registered sex
offender database under the Sex Offender Registration Act (Chapter
5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal
Code), and for any civil judgments for having committed sexual
harassment.

begin delete

(8) A requirement for the reporting of complaints and incidents
of workplace sexual violence and sexual harassment to appropriate
agencies including, but not limited to, the Department of Fair
Employment and Housing, the Division of Occupational Safety
and Health, and the National Human Trafficking Resource Center.

end delete begin insert

(9) A requirement that employers notify covered workers, who
have complained of an incident of workplace sexual violence or
harassment, of how to report such an incident to an appropriate
government agency or to law enforcement as well as of any
resources available to covered workers for coping with such an
incident, including, but not limited to, employee assistance
programs.

end insert begin delete

(d)

end delete

begin insert (c) end insert  This section does not limit the authority of the standards
board to adopt standards to protect employees from workplace
violence or harassment. Nothing in this section shall be interpreted
to preclude the standards board from adopting standards that
require other employers to adopt plans to protect employees from
workplace violence or harassment. Nothing in this section shall
be interpreted to preclude the standards board from adopting
standards that require an employer subject to this section, or any
other employer, to adopt a workplace violence or harassment
prevention plan that includes elements or requirements additional
to, or broader in scope than, those described in this section.

begin insert

begin insert 1427. end insert   

The Labor Commissioner and the Division of
Occupational Safety and Health shall each appoint an advisory
group of stakeholders to assist them in carrying out their respective
responsibilities under this chapter. The advisory group shall
include representatives from at least one nonprofit organization
that advocates for policies and standards to prevent workplace
sexual violence and harassment in the janitorial industry, and from
a labor organization that represents covered workers. The term
“nonprofit organization” means a nonprofit entity exempt from
taxation pursuant to Section 501(c)(3) of the Internal Revenue
Code (26 U.S.C. Sec. 501(c)(3)) or pursuant to Section 501(c)(5)
of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a
nonprofit corporation.

end insert

 

Chapter  3. Registration of Janitorial Contractors

 

1430.  

(a) The begin delete director end delete begin insert Labor Commissioner end insert shall have broad
authority to begin delete enforce end delete begin insert interpret, enforce, end insert and implement this part.
This authority includes, but is not limited to:

(1) Maintaining the janitorial contractor registry, list, and
Internet Web site.

begin delete

(2) Negotiating, monitoring and enforcing labor compliance
agreements.

end delete begin delete

(3)

end delete

begin insert (2) end insert  Conducting random and nonrandom audits or investigations
of complaints, or both audits and investigations.

begin delete

(4)

end delete

begin insert (3) end insert  Issuing, renewing, denying renewal of, begin delete suspending, revoking,
or placing on probation end delete begin insert suspending and voiding end insert an employer’s
begin insert registration and certificate of end insert registration.

begin delete

(5)

end delete

begin insert (4) end insert  Issuing civil fines and stop orders.

begin delete

(6)

end delete

begin insert (5) end insert  Other powers as determined by the begin delete director end delete begin insert Labor
Commissioner end insert that are necessary to interpret, implement, and
enforce begin delete this chapter. end delete begin insert Chapter 4 (commencing with Section 1440). end insert

(b) The begin delete director end delete begin insert Labor Commissioner end insert may establish through
the adoption of regulations any procedures it determines to be
necessary to carry out begin delete this part. end delete begin insert the provisions of this chapter and
of Chapter 4 (commencing with Section 1440). end insert

1431.  

(a) On and after January 1, 2018, begin delete no employer may
conduct any janitorial business without a valid registration under
this section, and all employees shall be registered with the
department pursuant to this section. end delete begin insert the Labor Commissioner shall
maintain an on-line registration system of employers integrated
with the Labor Commissioner’s system for managing investigations. end insert

begin insert

(b) On and after July 1, 2018, no employer may conduct any
janitorial business without a current and valid registration under
this chapter and all employers shall be registered with the Labor
Commissioner pursuant to this chapter.

end insert begin delete

(b) To

end delete

begin insert (c) end insert begin insert   end insert begin insert On and after January 1, 2018, to end insert qualify for a certificate of
registration or for a begin insert renewal of a end insert certificate of registration begin delete renewal end delete
under this begin delete section, end delete begin insert chapter, end insert an employer shall, in a manner
prescribed by the begin delete director, end delete begin insert Labor Commissioner, end insert do all of the
following:

(1)  begin delete Beginning July 1, 2017, register end delete begin insert Register online end insert with the
begin delete department end delete begin insert Labor Commissioner end insert and pay an initial nonrefundable
application fee of one thousand dollars ($1,000) and an annual
renewal fee of one thousand dollars ($1,000) on or before July 1
of each year thereafter. The director may adjust the initial
registration and renewal fees no more than annually to support the
costs specified in Section begin delete 1445. end delete begin insert 1450. end insert

(2) Execute a written application, subscribed and sworn to by
the employer under penalty of perjury under the laws of this state
that contains all of the following:

(A) The name of the employer and, if applicable, its fictitious
business name.

(B) The form of the employer and, if a corporation, all of the
following:

(i) The date of incorporation.

(ii) The state in which incorporated.

(C) If a foreign corporation, the date the articles of incorporation
were filed with the California Secretary of State.

(D) Whether the corporation is in good standing with the
California Secretary of State.

(E) The federal employer identification number (FEIN) and the
state employer identification number (SEIN) of the employer.

(F) The employer’s business address, telephone number, fax
number, and email address.

begin delete

(G) The name and title of the manager, officer, or shareholder
who will serve as the qualifying individual to meet the examination
requirements in paragraph (4).

end delete begin delete

(H)

end delete

begin insert (G) end insert  The names, residential addresses, business addresses,
telephone numbers, email addresses and Social Security numbers,
federal employer identification number (FEIN) or the state
employer identification number (SEIN) of the following persons:

(i) All corporate officers, if the employer is a corporation.

(ii) All persons exercising management responsibility in the
employer’s office, regardless of the form of the business entity.

(iii) The franchisor, if the employer is a franchise.

(iv) All shareholders holding at least 10 percent of the
outstanding voting shares of the employer, if the employer has
shareholders, and the actual percent owned by each of those
shareholders.

(v) All persons who have a financial interest of 10 percent or
more in the employer’s business, regardless of the form of business
entity, and the actual percentage owned by each of those persons.

begin delete

(I)

end delete

begin insert (H) end insert  The total number of covered workers who are employees
of the employer.

begin delete

(J)

end delete

begin insert (I) end insert  The total number of covered workers who are independent
contractors of the employer.

begin insert

(J) The total number of covered workers who are franchisees
of the employer.

end insert

(K) The employer’s total annual payroll-related expenses over
the last 12 months.

(L) Whether the employer uses a professional employer
organization or leasing employer.

(M) Whether the employer has instituted an alternative work
week pursuant to Section 511.

(N) Name, begin delete address end delete begin insert address, end insert and telephone number of any
recognized collective bargaining agent representing begin delete the covered
workers. end delete begin insert any of the employer’s covered workers, and whether that
collective bargaining agent represents all of the employer’s
covered workers in California. end insert

(O) Whether the application is for a new or renewal registration
and, if the application is for a renewal, the prior registration
number.

(P) Whether the employer is also a covered successor employer,
begin delete and end delete begin insert and, end insert if so, the information in subparagraphs (A) to (C),
inclusive, (E), and (F) for the predecessor employer.

(Q) Certification that the information submitted to the begin delete director end delete
begin insert Labor Commissioner end insert under this begin delete subparagraph end delete begin insert paragraph end insert and
paragraph (3) is complete.

(R) A written pledge under penalty of perjury under the laws
of begin delete this state end delete begin insert the State of California end insert that the employer shall:

(i) Comply with all applicable federal, state, and local laws and
regulations during the upcoming year, including, but not limited
to, laws regarding health and safety, labor and employment, wage
and hour, and licensing begin insert and registration end insert laws that affect begin delete workers. end delete

begin insert covered workers, including, but not limited to, Sections 96.8, 98,
98.6, and 98.7, Section, 238 to 238.5, inclusive, Sections 244,
558.1, 1019, and 1024.6, Section 1060 to Section 1065, inclusive,
and Sections 1102.5 and 2810 of this code, Section 690.020 to
Section 690.050, inclusive, of the Code of Civil Procedure, and
Section 494.6 of the Business and Profession Code; and timely
notify the Labor Commissioner as required by subdivision (d). end insert

(ii) Timely notify the begin delete director end delete begin insert Labor Commissioner end insert as required
by begin delete paragraphs (1) and (2) of subdivision (c). end delete begin insert subdivision (d). end insert

(S) Such other information as the begin delete director end delete begin insert Labor Commissioner end insert
requires for the administration and enforcement of this chapter.

begin insert

(T) A post office box and mail drop are not acceptable responses
to subparagraphs (F), (G), and (I) above.

end insert

(3)  begin delete Provide evidence, end delete begin insert Execute a written report that provides
evidence or end insert disclosures under penalty of perjury under the laws
of begin delete this state, or releases end delete begin insert the State of California, end insert as are necessary
to establish all of the following:

(A)  begin delete Workers’ end delete begin insert The employer has workers’ end insert compensation
coverage that complies with Division 4 (commencing with Section
3200) and includes sufficient coverage for begin delete any end delete begin insert every end insert covered
worker. Coverage may be evidenced by a current and valid
certificate of workers’ compensation insurance or certification of
self-insurance required under Section 7125 of the Business and
Professions Code.

(B) The employer does not have any delinquent liability to a
begin insert covered end insert worker or the state for any assessment of begin delete back wages or end delete
begin insert unpaid compensation or backpay, for having committed sexual
harassment of a covered worker, or for having violated any
provision of this part, or, in all cases, for end insert related damages, interest,
fines, or penalties pursuant to any final judgment, order, or
determination by a court or any federal, state, or local
administrative agency, including a confirmed arbitration begin delete award. end delete
begin insert award or a settlement agreement. If the employer is a covered
successor employer, then the employer shall establish that both
the covered successor employer and the predecessor employer do
not have such delinquent liability. end insert However, for purposes of this
subparagraph, the employer shall not be disqualified for any
judgment, order, or determination that is under begin delete appeal, provided
that end delete begin insert appeal or for any settlement agreement that is being
adjudicated, end insert the employer has secured the payment of any amount
eventually found due through a bond or other appropriate means.

(C) Any administrative merits determinations, arbitral awards
or decisions, civil judgments, or criminal judgments rendered
against the employer within the preceding begin delete three-year end delete begin insert five-year end insert
period for begin delete violating covered laws. end delete begin insert assessments for unpaid
compensation or backpay, for having committed sexual harassment
of a covered worker, or for having violated any provision of this
part, or, in all cases, for related damages, interests, fines, and
penalties. end insert A covered successor employer shall provide this
information both for itself and for its predecessor employer. At
minimum, the employer shall provide:

(i) The law violated.

(ii) The case number, inspection number, charge number, docket
number, or other unique identification number.

(iii) The date rendered.

(iv) The name of the court, arbitrator, agency, board, or
commission rendering the determination or decision.

(v) A copy of the administrative merits determination, arbitral
award or decision, or civil or criminal judgment document.

(D)  begin delete A end delete begin insert On and after July 1, 2018, the employer has a end insert sexual
violence and sexual harassment prevention plan that meets the
requirements of subdivision (b) of Section begin delete 1425. end delete begin insert 1426. end insert

(E) Within the last 12 months, the employer has screened all
supervisors for convictions of any of the acts listed in subdivision
(c) of Section 29 of the Penal Code, for being listed on the
registered sex offender database under the Sex Offender
Registration Act (Chapter 5.5 (commencing with Section 290) of
Title 9 of Part 1 of the Penal Code), and for any civil judgments
for having committed sexual harassment.

begin insert

(F) On and after July 1, 2018, the employer is in compliance
with all the requirements of Section 1425.

end insert begin delete

(F)

end delete

begin insert (G) end insert  Other information as the begin delete director end delete begin insert Labor Commissioner end insert
requires for the administration and enforcement of this begin delete chapter. end delete

begin insert chapter and of Chapter 4 (commencing with Section 1440). end insert

begin delete

(4) Designate a qualifying individual as described in
subparagraph (G) of paragraph (2), to take a written examination
that demonstrates an essential degree of knowledge of the current
state laws and regulations that apply to employers as the director
deems necessary for the safety and protection of employers,
covered workers, and the public, including the identification and
prevention of sexual harassment in the workplace. To successfully
complete the examination, the qualifying individual shall correctly
answer at least 85 percent of the questions. The examination may
only be taken a maximum of three times per calendar year. The
examination shall include a demonstration of the current laws and
regulations regarding wages, hours, and working conditions,
workplace discrimination and sexual harassment, collective
bargaining, workers’ compensation, health and safety, the
Displaced Janitor Opportunity Act (Chapter 4.5 (commencing with
Section 1060) of Part 3), Section 2810, and penalties and
enforcement of those laws.

end delete begin delete

(c)

end delete

begin insert (d) end insert  After an employer is registered or has renewed its
registration, the employer begin delete shall: end delete begin insert shall notify the Labor
Commissioner in writing within 90 days of: end insert

begin delete

(1) Notify the director within 30 calendar days of all
administrative merits determinations, arbitral awards or decisions,
and civil or criminal judgments rendered against the employer for
violating any covered laws.

end delete begin insert

(1) Any delinquent liability the employer owes to a covered
worker or the state for any assessment of unpaid compensation or
backpay, for having committed sexual harassment of a covered
worker, or for having violated any provision of this part, or in all
cases, for related damages, interest, fines, or penalties pursuant
to any final judgment, order, determination by a court or any
federal, state, or local administrative agency, including a
confirmed arbitration award, or settlement agreement.

end insert

(2)  begin delete Provide the director within 30 calendar days end delete begin insert Any end insert updated
responses to the begin delete written end delete registration or renewal application begin insert or
report end insert if any change occurs that would change any response
begin delete contained within the end delete begin insert in the end insert completed begin delete written application. end delete

begin insert application or report the employer submitted under paragraphs
(2) and (3) of subdivision (c). end insert

begin insert

(e) At least 30 days prior to the expiration of each employer’s
registration, the Labor Commissioner shall mail or email a renewal
notice to the last known mailing or email address of the employer.
However, the omission of the Labor Commissioner to provide the
renewal notice in accordance with this subdivision shall not excuse
an employer from making timely application for renewal of
registration, shall not be a defense in any action or proceeding
involving failure to renew registration, and shall not subject the
Labor Commissioner to any legal liability.

end insert begin insert

(f) Fees received pursuant to this section shall be deposited in
the State Janitorial Contractor Registration Fund established in
Chapter 5 (commencing with Section 1450) and shall be used only
for the purposes specified in that chapter.

end insert

1432.  

begin delete The end delete begin insert On and after July 1, 2018, the end insert employer shall:

(a)  begin delete After July 1, 2017, maintain end delete begin insert Maintain end insert records of the sign-in
sheets and materials consistent with paragraph begin delete (4) end delete begin insert (2) end insert of
subdivision begin delete (a) end delete begin insert (b) end insert of Section 1425. These records shall be available
for inspection by the begin delete department and shall be maintained in a
manner that meets the requirements issued by the department under
subdivision (a) of Section 1425. end delete begin insert Labor Commissioner. end insert

(b) Post and display prominently in a conspicuous place where
it may be read by covered workers during work hours, and in all
places where notices to covered workers are posted both physically
and electronically:

(1) By July 1, begin delete 2017, end delete begin insert 2018, end insert the notice in paragraph begin delete (6) end delete begin insert (3) end insert of
subdivision begin delete (a) end delete begin insert (b) end insert of Section 1425.

(2) By begin delete January end delete begin insert July end insert 1, 2018, a copy of the employer’s current
certificate of registration.

1433.  

(a) The begin delete director end delete begin insert Labor Commissioner end insert shall not grant
registration or renewal of begin delete registration: end delete begin insert registration to any employer
who: end insert

begin delete

(1) To any employer who has a record of serious, repeated,
willful, or pervasive violations of covered laws, including any
covered successor employer who either alone or in combination
with its predecessor employer has such a record, unless the
employer has remediated the violation by entering into and
fulfilling the terms of a labor compliance agreement as described
in Section 1436.

end delete begin delete

(2) To any employer who has failed to provide the director
evidence of

end delete

begin insert (1) end insert begin insert   end insert begin insert Lacks end insert workers’ compensation coverage that meets the
requirements of subparagraph (A) of paragraph (3) of subdivision
(b) of Section begin delete 1431 or who lacks that coverage. end delete begin insert 1431. end insert

begin delete

(3) To any employer who has failed to provide the director
evidence that it does not have

end delete

begin insert (2) end insert begin insert   end insert begin insert Has end insert any delinquent liability to a worker or to the state as
described in begin delete subparagraph (B) of end delete paragraph begin delete (3) end delete begin insert (1) end insert of subdivision
begin delete (b) end delete begin insert (d) end insert of Section begin delete 1431, or who has such liability. end delete begin insert 1431. end insert

begin delete

(4) To any employer who has failed to provide the director
evidence of a sexual violence and sexual harassment prevention
plan that meets the requirements of subdivision (b) of Section
1425, or who lacks such a plan.

end delete begin delete

(5) To any employer whose qualifying individual has not
achieved a passing score on the written examination in paragraph
(4) of subdivision (b) of Section 1431.

end delete begin delete

(6) To any employer who has

end delete

begin insert (3) end insert begin insert   end insert begin insert Has end insert not submitted the complete fees, application,
information, begin insert disclosures under penalty of perjury, end insert and evidence
as required by begin delete subdivision (b) end delete begin insert subdivisions (b) to (d), inclusive, end insert of
Section 1431.

begin delete

(7) To any employer who

end delete

begin insert (4) end insert begin insert   end insert begin insert Who has end insert willfully made false statements in its begin delete application. end delete

begin insert application or report to qualify for a certificate of registration or
for a renewal of a certificate of registration under Section 1431. end insert

(b) The begin delete director may revoke, suspend, or place a registration
on probation if: end delete begin insert Labor Commissioner shall suspend a registration
if it is found that: end insert

begin insert

(1) An employer willfully made false statements in its application
or its report submitted for a certificate of registration or for a
renewal of a certificate of registration under Section 1431.

end insert begin insert

(2) The employer failed to notify the Labor Commissioner in
writing within 90 days of any delinquent liability as required by
paragraph (1) of subdivision (d) of Section 1431. If the employer
failed to notify the Labor Commissioner within 90 days, the
employer’s registration shall be automatically suspended on the
date that the Labor Commissioner is informed, or is made aware
of the delinquent liability. The suspension shall not be removed
until proof of satisfaction of the delinquent liability, or in lieu
thereof, a notarized copy of an accord is submitted to the Labor
Commissioner. If the employer notifies the Labor Commissioner
in writing within 90 days of the imposition of any delinquent
liability, the employer shall, as a condition to the continual
maintenance of the registration, have on file with the Labor
Commissioner a bond sufficient to guarantee payment for any
delinquent liability applicable under this paragraph.

end insert begin insert

(A) By operation of law, failure to maintain the bond or failure
to abide by the accord shall result in the automatic suspension of
any registration to which this paragraph applies.

end insert begin insert

(B) A registration that is suspended for failure to comply with
the provisions of this subdivision can only be reinstated when proof
of satisfaction of all debts is made, or when a notarized copy of
an accord has been filed as set forth in this subdivision.

end insert begin insert

(C) The Labor Commissioner shall take the actions required
by this paragraph upon notification by any party having knowledge
of the outstanding judgment upon a showing of proof of the
judgment.

end insert begin insert

(3) Lacks workers’ compensation coverage that meets the
requirements of subparagraph (A) of paragraph (3) of subdivision
(c) of Section 1431.

end insert begin insert

(c) The Labor Commissioner may suspend a registration if:

end insert

(1) The employer has violated or failed to comply with begin delete any
provision of this chapter. end delete begin insert the requirements of subdivision (b) of
Section 1425, Section 1426, or Section 1432. end insert

(2) The employer has made any misrepresentations or false
statements in his or her registration or registration renewal
application, or in response to the begin delete director’s end delete begin insert Labor Commissioner’s end insert
request for information.

(3) The employer has failed to respond to the begin delete director’s end delete begin insert Labor
Commissioner’s end insert request for information within begin delete 10 end delete begin insert 30 end insert days of such
a request.

begin delete

(4) The employer has failed to notify the director or to provide
the director with updated responses within 30 days as required by
paragraphs (1) or (2) of subdivision (c) of Section 1431.

(5) The employer has not complied with its labor compliance
agreement.

(6) The conditions under which the registration was issued have
changed or no longer exist.

(7) The employer has not complied with the posting and
recordkeeping requirements of Section 1432.

(8) An employer’s registration has been revoked within three
years from the date of application.

(c) When determining whether to suspend, revoke, or place a
registration on probation, the director shall take into consideration
as a mitigating factor whether the employer has entered into or
otherwise fulfilled the terms of a labor compliance agreement as
described in Section 1436.

(d) An employer’s registration is void when:

(1) The employer ceases conducting any janitorial business.

(2) The employer changes its form of legal entity.

(3) The employer transfers its registration.

(4) The director revokes an employer’s registration.

(e) At least 30 days prior to the expiration of each employer’s
registration, the director shall mail or email a renewal notice to
the last known mailing or email address of the employer. However,
omission of the director to provide the renewal notice in accordance
with this subdivision shall not excuse an employer from making
timely application for renewal of registration, shall not be a defense
in any action or proceeding involving failure to renew registration,
and shall not subject the director to any legal liability.

(f) Fees received pursuant to this section shall be deposited in
the fund established in Chapter 5 (commencing with Section 1445)
and shall be used only for the purposes specified in that chapter.

end delete begin insert

(4) The employer has failed to notify or provide the Labor
Commissioner with updated responses within 90 days as required
by paragraph (2) of subdivision (d) of Section 1431.

end insert begin insert

(d) When determining whether to suspend or reissue a
registration, and when determining the duration of a suspension,
the Labor Commissioner shall take into consideration evidence
and other information submitted by the employer, covered workers,
the employer’s collective bargaining representative, if any, and a
labor-management cooperation committee established pursuant
to the federal Labor Management Cooperation Act of 1978 (Section
175a of Title 29 of the United States Code) whose members include
a collective bargaining agent that represents covered workers.
The determination by the Labor Commissioner shall be reviewable
only for abuse of discretion.

end insert begin insert

(e) The Labor Commissioner may reissue a registration after
suspension only under the following circumstances:

end insert begin insert

(1) To an individual upon application in a manner prescribed
by the Labor Commissioner.

end insert begin insert

(2) To a partnership upon application in a manner prescribed
by the Labor Commissioner if there is no change in the partners
or in the partnership structure.

end insert begin insert

(3) To a corporation upon application in a manner prescribed
by the Labor Commissioner if there is no change in the status of
the corporation as registered with the Secretary of State.

end insert begin insert

(4) To a limited liability company upon application in a manner
prescribed by the Labor Commissioner if there is no change in the
status of the company as registered with the Secretary of State.

end insert

begin insert

begin insert 1434. end insert   

(a) An employer’s registration is void when:

(1) The employer ceases conducting any janitorial business.

(2) The employer changes its form of legal entity.

(3) The employer transfers its registration.

(4) The employer’s registration has expired and no renewal has
been issued.

(5) The employer fails to return the renewal application, fees,
or report under subdivision (c) or Section 1431 that was rejected
by the Labor Commissioner for insufficiency or incompleteness
within 90 days from the date of original notice or rejection.

(b) The void date on an application may be extended up to 90
days upon documented evidence by the employer that the failure
to complete the application process was due to a medical
emergency or other circumstance beyond the control of the
employer.

(c) A registration voided pursuant to this section shall remain
in the possession of the Labor Commissioner for the period as he
or she deems necessary and shall not be returned to the employer.
Any reapplication for a registration shall be accompanied by the
fee fixed by this chapter.

end insert

begin delete 1434. end delete

begin insert 1435. end insert   

(a) On and after begin delete February end delete begin insert July end insert 1, 2018, on begin delete the
department’s end delete begin insert its end insert Internet Web site, the begin delete director end delete begin insert Labor
Commissioner end insert shall maintain a regularly updated, searchable begin insert online end insert
database of begin insert all end insert registered employers. The database will have the
capability to search all data, at minimum, for the past 10 begin delete years,
and end delete begin insert years. The database end insert shall include all the following information:

(1) The name, address, telephone number, and registration
number of the employer.

(2) If the employer is a successor employer, the registration
number of any predecessor employers.

(3) The business addresses, telephone numbers, and email
addresses of the persons that the employer submitted under
subparagraph begin delete (H) end delete begin insert (G) end insert of paragraph (2) of subdivision begin delete (b) end delete begin insert (c) end insert of
Section 1431, and, if the employer’s application listed anyone in
clauses (iv) and (v), the percent financial interest owned by that
person or shareholder.

(4) The current status and effective dates of the employer’s
registration.

(5) The identity of the employer’s recognized collective
bargaining agent, if begin delete any. end delete begin insert any, and whether that collective
bargaining agent represents all of the employer’s covered workers
in California. end insert

(6) A listing of any past denials, begin delete revocations, or suspensions end delete
begin insert suspensions, or voidances end insert of the employer’s registration, including
the effective dates of those past denials, begin delete revocations, or end delete
suspensions, begin insert or voidances end insert as well as the basis for them

(7) A listing of any civil fines or stop orders issued against the
employer under this part, including the dates of those fines or stop
orders, and the basis for them.

begin delete

(8) A listing of all labor compliance agreements the employer
has executed, and their effective dates.

end delete begin delete

(9) A copy of all labor compliance agreements the employer
has executed.

end delete begin delete

(10)

end delete

begin insert (8) end insert  Other information as deemed necessary by the begin delete director. end delete

begin insert Labor Commissioner. end insert

(b) On and after July 1, begin delete 2018, end delete begin insert 2019, end insert on the department’s Internet
Web site, the begin delete director end delete begin insert Labor Commissioner end insert shall maintain a
searchable begin insert online end insert database regarding its compliance and
enforcement activities. The begin delete department end delete begin insert Labor Commissioner end insert shall
update this information on or before July 1 of every year. The
database shall have the capability to search all data, at minimum,
for the past 10 years and shall include all the following information:

(1) The total number of employers with begin delete current, end delete begin insert current and end insert
valid registration that meets the requirements under begin delete Section 1431. end delete

begin insert Chapter 3 (commencing with Section 1430). end insert

(2) The total number of employers whose registration begin insert or renewal
of registration end insert was begin delete revoked or suspended, or who have been placed
on probation end delete begin insert denied, suspended, or voided, end insert within the last 12
months, categorized by the basis of that begin delete revocation, end delete begin insert denial, end insert
suspension, or begin delete probation. end delete begin insert voidance, and, if applicable, the duration
of the suspension. end insert

begin delete

(3) The total number of employers who have entered into a labor
compliance agreement with the director within the last 12 months.

end delete begin delete

(4)

end delete

begin insert (3) end insert  The total begin insert monetary end insert amount of begin delete fines end delete begin insert fines, the total number
of fines, end insert and the total number of employers that the begin delete department end delete
begin insert Labor Commissioner end insert has cited under Section begin delete 1437 end delete begin insert 1441 end insert within
the last 12 months, categorized by the basis of those fines.

begin delete

(5)

end delete

begin insert (4) end insert  The total number of employers who have been issued stop
orders under begin delete Section 1438 end delete begin insert this part end insert over the last 12 months,
categorized by the basis of those stop orders.

begin delete

(6)

end delete

begin insert (5) end insert  The total number of audits initiated and completed by the
begin delete department end delete begin insert Labor Commissioner end insert under begin delete Section 1439, end delete begin insert this part, end insert
within the last 12 months.

begin delete

(7)

end delete

begin insert (6) end insert  The total number of complaints investigated by the
begin delete department end delete begin insert Labor Commissioner end insert under Section begin delete 1440, end delete begin insert 1444, end insert within
the last 12 months.

begin delete

(8)

end delete

begin insert (7) end insert  Other information as deemed necessary by the begin delete director. end delete

begin insert Labor Commissioner. end insert

 

Chapter  4. Enforcement

 

begin delete 1435. end delete

begin insert 1440. end insert   

The begin delete director end delete begin insert Labor Commissioner end insert shall establish a
Property Services Compliance Unit to enforce this part, including,
but not limited begin delete to: end delete begin insert to maintaining and enforcing the janitorial
contractor registry, list, and Internet Web site, conducting audits,
and investigating complaints. end insert

begin delete

(a) Maintaining the janitorial contractor registry, list, and
Internet Web site.

end delete begin delete

(b) Negotiating and enforcing labor compliance agreements.

end delete begin delete

(c) Conducting audits and investigating complaints.

end delete

begin delete

1436.  

Whenever an employer has a record of serious, willful,
or pervasive violations of the laws or has violated one or more
provisions of this part, the director may seek to negotiate and enter
into a labor compliance agreement with the employer. The labor
compliance agreement addresses appropriate remedial measures,
compliance assistance, and any steps to resolve issues to increase
compliance with covered laws, the requirements of this part, or
other related matters. The employer shall comply with the terms
of the labor compliance agreement. Covered workers affected by
an employer’s record of serious, willful, or pervasive violations
of the laws or who have initiated a complaint against an employer
for its violations of this part shall have an opportunity to participate
in the development and monitoring of such labor compliance
agreements. If the covered workers are represented by a collective
bargaining agent, their collective bargaining agent shall have that
opportunity as well. The director may seek to engage a
labor-management cooperation committee established pursuant to
the federal Labor Management Cooperation Act of 1978 (Section
175a of Title 29 of the United States Code) whose members include
a collective bargaining agent that represents covered workers in
the development and monitoring of any labor compliance
agreement.

1437.  

(a) An employer that meets any of the following
requirements is subject to the following civil fines, either
individually or in combination with one another:

(1) An employer that pursuant to this part, fails to register or to
renew its registration is subject to a civil fine of not more than two
hundred dollars ($200) for each calendar day, or portion thereof,
that the employer conducts any janitorial business without
registering or renewing its registration.

(2) An employer that fails to submit correct information to the
department or that fails to provide information requested by the
department within 10 days of such a request, is subject to a civil
fine of not more than two hundred dollars ($200) for each calendar
day, or portion thereof, that the employer conducts any janitorial
business without submitting the correct information to the
department or providing the information requested by the
department.

(3) An employer that fails to comply with its labor compliance
agreement, is subject to a civil fine of not more than two hundred
dollars ($200) for each calendar day, or portion thereof, that the
employer conducts any janitorial business without complying with
its labor compliance agreement.

(4) An employer that fails to notify the director within 30
calendar days as required in paragraph (1) of subdivision (c) of
Section 1431, is subject to a civil fine of not more than two hundred
dollars ($200) for each calendar day, or portion thereof, that the
employer conducts any janitorial business without notifying the
director.

(5) An employer that fails to provide the director with updated
responses within 30 calendar days as required in paragraph (2) of
subdivision (c) of Section 1431, is subject to a civil fine of not
more than two hundred dollars ($200) for each calendar day, or
portion thereof, that the employer conducts any janitorial business
without notifying the director.

(b) The amount of the civil fine or fines in subdivision (a) shall
be determined by the director based on consideration of the
following:

(1) Whether the failure of the employer was a good faith
mistake, and, if so, whether the error was promptly and voluntarily
corrected when brought to the attention of the employer.

(2) Whether the employer has a prior record of failing to comply
with the requirements in this chapter.

(3) Whether the employer has entered into and has currently
fulfilled the terms of a labor compliance agreement under Section
1436.

(4) For each individual violation, the fine may not be less than:

(A) One hundred dollars ($100) for each calendar day, or portion
thereof, unless the failure of the employer was a good faith mistake,
and, if so, the error was promptly and voluntarily corrected when
brought to the attention of the employer.

(B) One hundred fifty dollars ($150) for each calendar day, or
portion thereof, if the employer has been assessed fines or a stop
order within the previous three years for failing to meet the
requirements of this part, unless those fines were subsequently
withdrawn or overturned.

(C) Two hundred dollars ($200) for each calendar day, or portion
thereof, if the department determines that the violation was willful.

(c) An employer who violates the posting and recordkeeping
requirements of Section 1432 shall be subject to civil fines of up
to seven thousand dollars ($7,000) per violation.

(d) The determination by the director as to the amount of the
fines shall be reviewable only for abuse of discretion.

(e) These civil fines may be assessed under a citation issued by
the Labor Commissioner and the procedures for issuing, contesting,
and enforcing judgments shall be the same as those set forth in
Section 1197.1.

end delete begin insert

begin insert 1441. end insert   

(a) On and after July 1, 2018, an employer who fails to
register or to renew its registration or that has a void or suspended
registration under this part is subject to a civil fine of two hundred
dollars ($200) for each calendar day, or portion thereof, that the
employer conducts any janitorial business without registering or
renewing its registration or with a void or suspended registration.

(b) An employer who violates any of the other requirements of
this chapter or of Chapter 3 (commencing with Section 1430) is
subject to a civil fine of not more than two hundred dollars ($200)
for each calendar day, or portion thereof, that the employer is in
violation of either chapter, with the exception of the posting and
recordkeeping requirements of Section 1432, in which case the
employer shall be subject to civil fines of up to seven thousand
dollars ($7,000) per violation.

(c) The determination by the Labor Commissioner as to the
amount of the fines shall be reviewable only for abuse of discretion.

(d) These civil fines may be assessed under a citation issued by
the Labor Commissioner and the procedures for issuing, contesting,
and enforcing judgments shall be the same as those set forth in
Section 1197.1.

end insert

begin delete 1438. end delete

begin insert 1442. end insert   

begin delete If end delete begin insert On and after July 1, 2018, if end insert an employer is conducting
business without a valid registration under begin delete Section 1431, end delete begin insert this part, end insert
the Labor Commissioner may issue and serve on that employer a
stop order prohibiting the use of labor by that employer until the
employer acquires a begin insert current and end insert valid registration, provided that
the stop order would not compromise or imperil public safety or
the life, health, and care of vulnerable individuals. The stop order
shall also prohibit the employer from continuing to provide services
by conducting begin insert any janitorial end insert business using the labor of another
business, contractor, or subcontractor. The stop order shall become
effective immediately upon the service of the order. Any worker
affected by the work stoppage shall be paid by the employer for
such time lost, not exceeding 10 days, pending compliance by the
employer. The employer may protest the stop order by making
and filing with the Labor Commissioner a written request for a
hearing within 20 days after service of the stop order. The hearing
shall be held within five days from the date of filing the request.
The Labor Commissioner shall notify the employer of the time
and place of the hearing by mail. At the conclusion of the hearing,
the stop order shall be immediately affirmed or dismissed, and
within 24 hours thereafter, the Labor Commissioner shall issue
and serve on all parties to the hearing by registered or certified
mail a written notice of findings, accompanied by written findings.
A writ of mandate may be taken from the findings to the
appropriate superior court. The writ shall be taken within 45 days
after the mailing of the notice of findings accompanied by written
findings. The Labor Commissioner may file an action in superior
court for injunctive and other appropriate relief to enforce the stop
order and shall be entitled to recovery of costs and attorney’s fees
if any relief is obtained by the Labor Commissioner.

begin delete

1439.  

(a) On its Internet Web site, the department shall
maintain and update annually a list of known janitorial employers
in California. The list shall be based on information provided to
the department pursuant to Section 1431, and on any other sources
of information available.

(b)

end delete

begin insert

begin insert 1443. end insert   

end insert

begin insert (a) end insert  In a manner prescribed by the begin delete director, the
department shall end delete begin insert Labor Commissioner, the Labor Commissioner
may end insert select begin insert registered and unregistered end insert employers as audit subjects
for the purpose of determining compliance with this part. begin delete The
department shall select each employer from the list of known
janitorial employers at least once every five years. end delete Audit subjects
may be selected in any order, and routine audits may be scheduled
in a manner to best minimize travel expenses and use audit
personnel efficiently.

begin delete

(c)

end delete

begin insert (b) end insert  The begin delete department end delete begin insert Labor Commissioner end insert may select audit
subjects using random and nonrandom selection methods. begin delete At least
half of the audit subjects shall be selected at random from the
department’s listing of known janitorial employers. end delete The final
selection of audit subjects shall be within the discretion of the

begin delete department. end delete begin insert Labor Commissioner. end insert

begin delete

(d)

end delete

begin insert (c) end insert  The begin delete department end delete begin insert Labor Commissioner end insert may investigate
information or complaints in addition to conducting an audit.

begin delete 1440. end delete

begin insert 1444. end insert   

The begin delete department end delete begin insert Labor Commissioner end insert shall conduct a
reasonable and timely investigation upon receiving a complaint
regarding a potential violation of the requirements of this part from
a covered worker, a collective bargaining agent that represents
covered workers, or a labor management cooperation committee
established pursuant to the federal Labor Management Cooperation
Act of 1978 (Section 175a of Title 29 of the United States Code)
whose members include a collective bargaining agent that
represents covered workers. begin delete The department shall make a written
determination regarding the disposition of each complaint within
30 days, which can be extended by good cause by the director. end delete

begin delete 1441. end delete

begin insert 1445. end insert   

(a) Any employer that conducts any janitorial business
after its registration has been suspended, revoked, or denied
reissuance is guilty of an offense punishable by a fine of not less
than ten thousand dollars ($10,000), or by imprisonment for not
less than six months and no more than one year, or both.

(b) Any employer, owner, director, officer, or managing agent
of the employer who fails to observe a stop order issued and served
upon him or her pursuant to Section 1438 is guilty of a
misdemeanor punishable by imprisonment in county jail not
exceeding 60 days or by a fine not exceeding ten thousand dollars
($10,000), or both. For the purposes of this section, the term
“managing agent” has the same meaning as in subdivision (b) of
Section 3294 of the Civil Code.

begin delete

1442.  

After January 1, 2018, any person or entity that hires an
employer that does not have a current, valid registration under
Section 1431 on the date the person or entity enters into or renews
a contract or subcontract for janitorial services with the employer,
shall share with that employer all civil legal responsibility and
civil liability for all violations of Article 1 (commencing with
Section 12940) of Chapter 6 of Part 2.8 of Division 3 of Title 2 of
the Government Code.

1443.  

(a) A person or entity shall not discharge an individual
or in any manner discriminate, retaliate, or take an adverse action
against any individual because the individual engaged in any
conduct delineated in this part.

(b) Any individual who is discharged, threatened with discharge,
demoted, suspended, retaliated against, subject to an adverse action,
or in any other manner discriminated against in the terms or
conditions of his or her work because the individual engaged in
any conduct delineated in this part, shall be entitled to reinstatement
and reimbursement for lost wages and work benefits.

(c) Any person or entity who willfully refuses to hire, promote,
or otherwise restore an individual, including a current or former
worker, who has been determined to be eligible for rehiring or
promotion by a grievance procedure, arbitration, or hearing
authorized by law, is guilty of a misdemeanor.

(d) Any applicant for work who is refused work, or who in any
other manner is discriminated against in the terms and conditions
of any offer of work because the applicant engaged in any conduct
delineated in this part, shall be entitled to work and reimbursement
for lost wages and work benefits.

(e) Any worker aggrieved by any violation of this section may
bring a civil action for injunctive relief or damages, or both, against
a registered or nonregistered employer who violates this section,
and, upon prevailing, shall recover reasonable attorney’s fees and
costs, including expert witness fees.

(f) In addition to other remedies available, a person or entity
who violates this section is liable for a civil penalty not exceeding
ten thousand dollars ($10,000) per individual for each violation
of this section, to be awarded to the individual or individuals who
suffered this violation.

end delete

 

Chapter  5. State Janitorial Contractor Registration
Fund

 

begin delete 1445. end delete

begin insert 1450. end insert   

(a) The State Janitorial Contractor Registration Fund is
hereby created as a special fund in the State Treasury to be
available upon appropriation of the Legislature for the purposes
established in subdivision (b). All registration fees collected
pursuant to Section 1431, all civil fines collected pursuant to
Section 1437, and any other moneys as are designated by statute
or order shall be deposited in the fund.

(b) Moneys in the fund shall be used only for the following
purposes:

(1) The reasonable costs of administering the registration of
janitorial contractors pursuant to begin delete Section 1431. end delete begin insert Chapter 3
(commencing with Section 1430) and Chapter 4 (commencing with
Section 1440) by the Labor Commissioner. end insert

(2) The costs and obligations associated with the administration
and enforcement of this part by the begin delete department. end delete begin insert Labor
Commissioner. end insert

(c) The annual employer registration renewal fee specified in
begin insert paragraph (1) of end insert subdivision begin delete (b) end delete begin insert (c) end insert of Section 1431, and any
adjusted application renewal fee, shall be set in amounts that are
sufficient to support the annual appropriation approved by the
Legislature for the fund and not result in a year-end fund balance
greater than 25 percent of the appropriation. Any year-end balance
in the fund greater than 25 percent of the appropriation shall be
applied as a credit when determining any fee adjustments for the
subsequent fiscal year.

(d) To provide adequate cash flow for the purposes specified
in subdivision (b), the Director of Finance, with the concurrence
of the Secretary of the Labor and Workforce Development Agency,
may approve a short-term loan each fiscal year from the Labor
and Workforce Development Fund to the State Janitorial Contractor
Registration Fund.

(1) The maximum amount of the annual loan allowable may be
up to, but shall not exceed, 50 percent of the appropriation authority
of the fund in the same year in which the loan was made.

(2) For the purposes of this section, a “short-term loan” is a
transfer that is made subject to both of the following conditions:

(A) Any amount loaned is to be repaid in full during the same
fiscal year in which the loan was made, except that repayment may
be delayed until a date not more than 30 days after the date of
enactment of the annual Budget Act for the subsequent fiscal year.

(B) Loans shall be repaid whenever the funds are needed to
meet cash expenditure needs in the loaning fund or account.

begin delete

 

Chapter  6. Standards and Procedures

 

1447.  

Before July 1, 2017, the director shall develop all the
following standards and procedures:

(a) For the determination whether administrative merits
determinations, arbitral awards or decisions, or civil or criminal
judgments of covered laws are for serious, repeated, willful, or
pervasive violations. Those standards shall:

(1) Where available, incorporate existing statutory standards
for assessing whether a violation is serious, repeated, or willful.

(2) Where no statutory standards exist, develop standards that
take into account the following for determining whether a violation
is:

(A) “Serious”-- the number of workers affected, the degree of
risk posed or actual harm done by the violation to the health, safety,
or well-being of a worker, the amount of damages incurred or fines
or penalties assessed with regard to the violation, and other
considerations as the director finds appropriate.

(B) “Repeated”-- whether the entity has had one or more
additional violations of the same or a substantially similar
requirement in the past five years.

(C) “Willful”-- whether the entity knew of, showed reckless
disregard for, or acted with plain indifference to whether its conduct
was prohibited by covered laws.

(D) “Pervasive”-- the number of violations of a requirement
or the aggregate number of violations of requirements in relation
to the size of the entity.

(b) For a covered worker, a collective bargaining agent
representing covered workers, or a labor management cooperation
committee established pursuant to the federal Labor Management
Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the membership
of which includes a collective bargaining agent that represents
covered workers, to file a complaint regarding an employer’s
failure to comply with the requirements of this part, and for the
department to investigate and issue a written determination
regarding each complaint within 30 days, which period may be
extended for good cause.

(c) For the suspension, revocation, or placement into
probationary status of an employer’s registration.

(d) For the department to negotiate and for the director to enter
into labor compliance agreements with employers as described in
Section 1436.

(e) For the director to conduct random and nonrandom audits
or investigations, or both audits and investigations.

end delete

begin delete SEC. 2. end delete

begin insert SEC. 4. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.