A California janitorial company can’t satisfy its harassment training duty with the same online course most employers use. Under the Property Service Workers Protection Act, janitorial employers must register with the Labor Commissioner every year and give nonsupervisory janitors in-person training from a peer trainer supplied by a state-listed organization. Missing registration carries daily fines, and the businesses that hire an unregistered contractor can be fined too. Training records are often the first thing requested when a janitor later alleges harassment.
Which employers are covered?
Anyone who employs or contracts for janitors. Labor Code section 1420(g)(1) defines an employer as “any person or entity that employs at least one covered worker or otherwise engages by contract, subcontract, or franchise agreement for the provision of janitorial services by one or more covered workers.” It doesn’t include “an entity that is the recipient of the janitorial services,” so a building owner isn’t the employer just by hiring a cleaning company.
Covered workers are janitors, whether classified “as an employee, independent contractor, or franchisee,” under subdivision (b)(1). Construction cleanup crews are excluded. The franchise language matters: a janitorial franchisor can’t avoid the Act by calling its cleaners franchisees.
What training is required?
Biennial in-person training, delivered by peer trainers for nonsupervisors. Section 1429.5(a) requires “a biennial in-person sexual violence and harassment prevention training requirement” for nonsupervisory workers and their supervisors. It replaces the general training under Government Code section 12950.1, so long as it meets or exceeds that standard.
The trainer rule is the part employers miss. Under subdivision (e)(1), employers “shall use a qualified organization from the list maintained by the director to provide the required training to nonsupervisors.” Peer trainers must have janitorial work experience and speak the workers’ languages. If no qualified trainer is available in the county, the employer may use a trainer meeting the Civil Rights Department’s standards instead.
| Requirement | Statute | What it takes |
|---|---|---|
| Annual registration | § 1423 | Register with the Labor Commissioner every year |
| Biennial in-person training | § 1429.5(a) | Nonsupervisors and their supervisors |
| Peer trainer for nonsupervisors | § 1429.5(e)(1) | From a state-listed qualified organization |
| Proof of training | § 1429.5(e)(4) | Signed certification form plus sign-in and sign-out sheets |
How does an employer prove it trained?
With two kinds of paperwork. Section 1429.5(e)(4) requires a signed Labor Commissioner form “certifying that the training was conducted and that the qualified organization was paid in full.” It also requires “that each participant sign in and sign out on a sign-in sheet, using printed writing and signature, at the commencement and completion of training.”
Those sheets are worth more than the certification. In a harassment lawsuit, a janitor’s own signature on a training sheet is strong evidence that the employer took reasonable steps to prevent harassment. A missing sheet for one crew is the gap opposing counsel will find.
What are the fines for missing registration?
Daily fines for the janitorial company, and separate fines for its clients. Under section 1432(a), an unregistered employer “is subject to a civil fine of one hundred dollars ($100) for each calendar day that the employer is unregistered, not to exceed ten thousand dollars ($10,000).”
Subdivision (b) reaches anyone that contracts with an unregistered janitorial employer, with fines of “not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000)” for a first violation and higher amounts after that. Only the Labor Commissioner enforces section 1432. For the property manager or building owner, checking the online registration database before signing or renewing a cleaning contract is cheap protection.
What should a janitorial company do when a harassment claim arrives?
Gather the prevention record first.
- Preserve the training certification forms, sign-in sheets, registration certificates, harassment policy, complaint log, and investigation file.
- Calendar the response deadline on the CRD complaint, demand, or summons, and give notice to the EPLI carrier.
- Identify the supervisor involved, the site, the building client, and any witnesses on the crew.
- Pull the training records for that crew and supervisor, including which qualified organization delivered the session.
- Talk to counsel before any adverse action against the complaining worker or contact with their lawyer.
General prevention duties are covered in the firm’s post on harassment training and failure to prevent. Claims like these are a regular part of defending janitorial and property service employers.
Janitorial compliance questions employers ask
Does a building owner need to train the cleaning crew?
No. The Act excludes the entity that receives the janitorial services from the definition of employer, so training is the cleaning company’s job. The building owner’s main exposure under the Act is the contracting fine for hiring an unregistered company. A harassment claim against the owner would rest on other theories, such as joint employment or the owner’s own staff’s conduct.
Can a janitorial company use its regular online training?
Not for nonsupervisory janitors. The statute requires in-person training and a peer trainer from a qualified organization, unless none is available in the county. Supervisors’ training must be consistent with the Government Code standard. Using a generic online module for frontline janitors leaves the company out of compliance even if every worker completed it.
What happens when a company buys another janitorial business?
The registration rules follow it. Section 1420(g)(2) treats certain successors as covered successor employers, including one that “shares in the ownership, management, control of the workforce” with the prior company. A buyer should confirm the seller’s registration and training history before closing, since gaps can become the buyer’s problem.
If your janitorial company is facing a harassment claim
If a janitor or former supervisor has filed a CRD complaint or lawsuit alleging harassment, the training sign-in sheets and the company’s response to any earlier complaint usually decide how strong the defense is. Rosenberger + Kawabata represents employers defending employment lawsuits and claims through its business litigation practice, including claims involving workplace harassment in the janitorial industry. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
The statutes are Labor Code sections 1420, 1423, 1429.5, and 1432.
This post is general information about California and federal employment law as of November 7, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Employment statutes, regulations, and court decisions change often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.