Existing law requires every employer of janitors, as defined, to register annually with the Labor Commissioner. The relevant law defines an “employer” as an entity that employs at least one janitor or otherwise engages by contract, subcontract, or franchise agreement for the provision of janitorial services.
Existing law also requires employers of janitors to provide nonsupervisory janitorial employees with biennial, in-person sexual violence and harassment prevention training that the Division of Labor Standards Enforcement develops specifically for janitors. This training in lieu of, and not in addition to, the general requirements for biennial employee harassment prevention training under section 12950.1 of the Government Code. The Department of Industrial Relations must publish on its website a list of approved organizations that provide qualified peer trainers to present the required training to janitorial employees. Existing law requires employers to pay the qualified organization $65 per employee who participates in the training.
Assembly Bill 2364 (AB 2364) instead requires subject employers to pay the qualified organization $200 per participant for training sessions having less than 10 participants, and $80 per participant for training sessions with 10 or more participants, except as specified. This requirement shall be in effect until January 1, 2026. Each year thereafter, the employer would be required to increase the rate of payment by a specified percentage tied to cost of living increases.
In addition to the above, AB 2364 also directs the Department of Industrial Relations to contract with the UCLA Labor Center to conduct a study evaluating opportunities to improve worker safety and safeguard employment rights in the janitorial industry. The report, which the Labor Center shall complete by May 1, 2026, must address production rates, occupational injuries, and wage theft in the janitorial industry, among other subjects.
(AB 2364 amends sections 1420 and 1429.5 of the Labor Code and adds section 1429.6 to the Labor Code.)