California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 13 - Janitorial Registration and Training › Article 1 - Registration Application › Section 13810 - Application for Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 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.