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March 27, 2017

Mark Terman Quoted in SHRM Article on Property Service Workers Protection Act

Los Angeles partner Mark Terman was quoted in a SHRM article titled, “California Law Aims to Protect Janitors from Harassment and Wage Theft.” The Property Service Workers Protection Act, a new California law, attempts to protect janitors from sexual harassment and wage theft.

The new law went into effect January 1. Mark noted that if the law is successful, the California State Legislature could use it as a model to regulate other industries. "I see this as part of a trend to further regulate industries that are perceived to not comply well with wage and hour laws and other California laws," he said.

One of the law’s requirements is that janitorial employers must keep records for three years that contain detailed information about employees’ hours and pay rates. Mark recommends maintaining these records for four years instead — the time limit of the statute of limitations for unpaid wage claims in California.

The law requires that all janitorial employers register each year with the state labor commissioner, with all information available through a public database. The penalty for a company that fails to register is $100 for every day the business is unregistered. The law also requires the state to develop a sexual violence and harassment prevention training program for janitorial employers and employees, effective January 1, 2019.