Current through Register 2024 Notice Reg. No. 38, September 20, 2024
To register as a janitorial employer pursuant to Part 4.2
of Division 2 of the Labor Code (commencing with section
1420), the applicant shall
complete, sign, and submit an online application, along with required items and
documents, at the Division of Labor Standards Enforcement (DLSE) website
(https://www.dir.ca.gov/dlse/Janitorial_Providers_Contractors.html)
for any initial registration or registration renewal. The Labor Commissioner
may accept in-person submission to a DLSE office of the information required
under this section. The applicant shall certify under penalty of perjury that
the information provided on the registration form, any supplementary documents,
and any other information submitted by the applicant in support of the
registration are true and correct.
(a)
An applicant for a new registration or a renewal of registration shall provide
items specified in Labor Code sections
1429(a)(1) through
(10) and the following additional information
and documents:
(1) whether the application is
for a new registration or renewal of a current registration;
(2) the address of the business as required
in Labor Code section
1429(a)(4),
including for the applicant's main or central location, as well as any separate
branch locations operated under the same legal entity, the physical address, a
mailing address, if different, and an email address for receiving electronic
mail;
(3) information regarding the
form of business if other than a corporation.
(i) If the business entity is a sole
proprietorship, the owner shall provide his or her full legal name, including
any fictitious or "doing business as" name.
(ii) If the business entity is a partnership
or limited liability company (LLC), the same information specified in Labor
Code section
1429(a)(2),
applicable to corporations, shall be provided, as applicable to a partnership
or LLC;
(4) for each
unpaid wage and hour final judgment outstanding, the case name of each matter,
court name and address, case number, date of entry of judgment, and the total
amount of unpaid wages in the judgment that are due to a current or former
employee;
(5) for each matter
arising under the California Fair Employment and Housing Act that is not fully
satisfied, the case name and date of any administrative settlement pursuant to
Department of Fair Employment and Housing processes and the case name of each
matter, court name and address, case number, and date of a final judicial
decree for any final judgment for a violation of the Fair Employment and
Housing Act;
(6) whether any
contribution amount required under the Unemployment Insurance Code and assessed
by the Employment Development Department (EDD) against the applicant remains
due and unpaid. If so, the applicant shall provide the name of the business,
administrative case number, if any, date of the assessment by EDD, total amount
assessed, and amount of contributions unpaid;
(7) whether any Social Security and Medicare
tax contributions remain due to the Internal Revenue Service from the
applicant. If so, the applicant shall identify the person or entity that
assessed the delinquency and provide the administrative case number, if any,
date of the delinquency notice, total amount of delinquency, and amount
unpaid;
(8) whether the applicant
has one or more employees and if the applicant has employees, the current
number of employees the applicant uses to provide janitorial
services;
(9) for each
subcontractor, other independent contractor, or franchisee the applicant
currently uses when providing janitorial services, the janitorial registration
number (if applicable); whether the entity is a subcontractor, other
independent contractor, or franchisee; and the number of individuals each
identified entity uses to perform janitorial services for the
applicant;
(10) for each business
for whom the applicant currently provides janitorial services, the respective
name, physical address, mailing address, if different, phone number, and email
address of the business, and the same information regarding other businesses
with whom the applicant has contracted or otherwise provided janitorial
services during the 12-month period prior to the application;
(11) if the applicant employs one or more
employees, the applicant must submit a valid workers' compensation insurance
certificate issued to the applicant, copy of a certificate from the Director of
the Department of Industrial Relations consenting to the applicant being
self-insured, or copy of a valid contract with a third party to provide
workers' compensation insurance and a current workers' compensation insurance
certificate or certificate of self-insurance issued to that third
party;
(12) whether the applicant
has registered previously or had a registration suspended or revoked under the
same or another business name, and if so, the business name and registration
number; and
(13) as part of the
attestation that the sexual violence and harassment prevention training has
been provided as required, the applicant must state whether the applicant
provided the training or whether the training was provided by another entity,
the name of the other janitorial employer or entity that provided the training,
and the date(s) on which training took place. Beginning January 1, 2022, this
information shall include whether a peer trainer was used to provide training
to nonsupervisory covered workers and an explanation as to why a peer trainer
was not used if a peer trainer did not provide the required training, as well
as which qualified organization provided the peer trainer.
(b) The registration fee in Labor Code
section
1427 shall be
paid online using a credit card or ACH/EFT vendor processed through the online
application portal, or by submission of a certified check, cashier's check, or
money order to the "Labor Commissioner's Office" or "Division of Labor
Standards Enforcement." A service fee may be charged for vendor-processed
transactions. The service fee is retained by the vendor and is not revenue to
the Labor Commissioner's Office.
(c) A Taxpayer Identification Number may be
used where a Social Security Number is required for registration
purposes.
1. New
subchapter 13 (articles 1-6), article 1 (section 13810) and section filed
7-1-2020; operative 7-15-2020 pursuant to Government Code section
11343.4(b)(3)
(Register 2020, No. 27). (Filing deadline specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-66-20.)
Note: Authority cited: Section
1422, Labor
Code. Reference: Sections
1423,
1427,
1428,
1429 and
1430, Labor
Code.
