Bill to Regulate Janitors’ Work Moves Forward

SACRAMENTO – The California State Assembly recently passed a bill that would empower a seven-member council to set regulations around workplace conditions for janitors.

While the amended bill, AB 2364, removed a production-rate limit of 2,000 square feet per hour, it would have the California Division of Labor Standards Enforcement establish a seven-person advisory committee to develop and approve, “through a majority vote, a comprehensive set of recommended regulations establishing janitorial standards for the purpose of protecting the health and safety of workers” by January 1, 2026.

AB 2364 threatens to impose undue financial and operational burdens on an industry already striving for
efficiency and adaptability, said a coalition of property owners that includes BOMA, IREM and others. “It overlooks the nuances of janitorial work and risks increasing costs for businesses and their clients without a clear return on investment.”

ISSA also said this week that it opposes AB 2364, as currently written, because the bill:
(1) fails to have enough representation from experts related to the issues the proposed committee is being asked to address;
(2) does not put in place sufficient safeguards to ensure public transparency;
(3) does not allow for enough time to sufficiently analyze and come up with solutions to these issues; and
(4) it is not clear if this bill would allow the public and other interested parties not selected to the committee to have their voices heard through a formal public rulemaking process.

As a result, ISSA is encouraging those based in or operating cleaning companies in the state of California, to contact elected officials to share how businesses might be negatively impacted by these regulations.

In developing the regulations, the seven members of the council shall consider, the time it reasonably takes workers to properly clean a given space without a high risk of incurring repetitive motion injuries, considering all of the following factors:

• Standard of cleaning, such as daily, interim, or restorative
• Type of facility
• Tools and equipment
• Level of training
• Square footage to be cleaned.
• The combination of tasks assigned throughout the shift.

The bill will next be taken up by the California Senate Committee on Labor, Public Employment, and Retirement. If it passes there, it will still need to pass the California Senate Appropriations Committee, the full Senate, and the governor before becoming law.

According to BOMA’s Los Angeles chapter, the council would likely undermine the collective bargaining process, and the council does not include a workplace safety specialist position, despite being tasked with setting workplace safety work conditions.

BOMA said this act is the legislature requiring work conditions that are better negotiated through employment contracts.

The bill has gone from a defined production rate figure to being undefined, but the end result will be the same: high costs and less operational flexibility.

When passed by committee, the bill, sponsored by Assemblywoman Luz Rivas, am MIT grad, was deemed a “first-in-the-nation bill that would limit workloads in the janitorial industry and strengthen protections against sexual violence faced by a largely female workforce as they labor alone in empty buildings at night.”

“I’m proud to author AB 2364 because our tías, abuelas, and hermanas deserve better than a life of chronic pain,” said Rivas, a Democrat from California's 43rd State Assembly district, which includes San Fernando, Sylmar, and Pacoima.

A recent survey by the California Department of Industrial Relations highlighted the brutal conditions that janitors face on the job, including the fact that roughly one-third of janitors in California were injured on the job last year. Fifty six percent of janitors reported suffering from severe chronic pain. The survey also found one-third of janitors say they may not report injuries out of fear of retaliation.

Assembly Bill 2374
The Assembly is also considering AB 2374, referred to as the "Displaced Janitors" bill. It expands current requirements for employers or those who contract for janitorial services.

The bill would expand the definition of "contractor" to include any person who employs janitor employees and enters into a service contract with the awarding authority. Current law defines "contractor" as any person who employs 25 or more individuals.

Companies that take over a contract must retain employees for 90 days instead of the current law's requirement of 60 days. Employees with satisfactory work performance must be offered continued employment after 90 days.

The new employer would need to maintain a preferential hiring list based on the seniority of covered employees.

Successor contractors would not be bound by the prior contractor's collective bargaining agreement.

BOMA said, “this bill remains a problem despite the amendments, and our coalition remains opposed.
If a new contractor could work with fewer people, state law would require the company to retain extra employees.”

The result is higher costs for the property and, by extension, for the tenants.

BOMA concluded, “we cannot overstate the negative impacts of these two bills. If they pass, the consequences will reverberate across the industry.”

For more, go to boma.org or issa.com