AB 2079: Janitorial workers: sexual violence and harassment prevention training.

Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. The division is headed by the Labor Commissioner and the department is headed by the Director of Industrial Relations. Existing law establishes certain protections for janitorial workers, including a requirement that the division, by January 1, 2019, establish a biennial in-person sexual violence and harassment prevention training requirement for certain employees and employers with the assistance of a prescribed advisory committee to be convened by the director. Existing law, effective July 1, 2018, requires employers of at least one employee and one or more covered workers, as defined, who provide janitorial services, as specified, to register with the commissioner annually and prohibits them from conducting business without a registration. Existing law requires an application for registration to be in a form prescribed by the commissioner and subscribed and sworn to by the employer, as specified.

This bill would prohibit the division from approving a registration, as described above, if the employer does not include in his or her written application the name of any subcontractor or franchise servicing contracts affiliated with a branch location and the number of subcontracted or franchise employees servicing each of those contracts, the total number of employees working out of a listed branch office, and the address of each work location serviced by a branch office.

The bill would require the director, by July 1, 2019, to also convene an advisory committee, with membership as prescribed, to develop requirements for qualified organizations and peer trainers that employers would be required to use to provide the biennial training described above. The bill would require the division to adopt advisory committee requirements for qualified organizations and peer trainers by January 1, 2020. The bill would require the division to require employers subject to the training requirements to use the training content created by the committee. The bill would require such an employer, upon request, to provide to an employee a copy of all training materials used during a training he or she attended. The bill would require employers to use a qualified organization from the list of qualified organizations developed and maintained by the director to provide the required training, and would require qualified organizations to provide peer trainers for employers to use in the training, as specified. The bill would require the employer to pay the qualified organization. The bill would require the qualified organization to ensure that the peer trainer is paid at least twice the state minimum wage per hour. The bill would require an employer to document and certify compliance with the training to nonsupervisors and payment of the qualified organization, as specified, on a form prescribed by, and available to, the division. A qualified organization would be required to submit a specified report to the director of a training within 48 hours of completion. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.

The bill would require the advisory committee to approve and recommend the qualified organizations to the director. The bill would authorize a qualified organization to work with a training partner, as defined, to provide the required training. The bill would prescribe certain minimum qualifications for qualified organizations and peer trainers. The bill would require the director to develop, maintain, and update as prescribed a list of qualified organizations and qualified peer trainers, as recommended by the advisory committee. The bill would authorize the director, with the recommendation of the advisory committee, to waive the requirement to use a qualified organization or qualified peer trainer, as specified.

Existing law prohibits the division from registering or renewing the registration of an employer, as described above, in specified circumstances.

This bill would, additionally, prohibit the division from registering or renewing the registration of an employer if the employer has not fully satisfied a final judgment for certain unlawful employment practices, as specified.

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.

This bill would incorporate additional changes to Sections 1421, 1429, 1429.5, and 1434 of the Labor Code proposed by AB 2732 to be operative only if this bill and AB 2732 are enacted and this bill is enacted last.