California Enacts New Law to Protect Displaced Janitors

IMMIGRANTS & EMPLOYMENT

Immigrants' Employment Rights and Remedies

CALIFORNIA ENACTS NEW LAW TO PROTECT DISPLACED JANITORS
Immigrants' Rights Update, Vol. 15, No. 7, Nov. 16, 2001

Beginning Jan. 1, 2002, janitors in California will have a little more job security because of the Displaced Janitor Opportunity Act, which California Governor Gray Davis signed into law on Oct. 13, 2001. Senate Bill (SB) 20 requires janitorial contractors and subcontractors that secure a new building service contract to continue employing the janitors of the former contractor or subcontractor for at least 60 days. At the end of the 60 days, the new contractor is required to provide a written evaluation of each janitor's job performance and to continue employing janitors whose performance has been satisfactory.

The new law applies to janitorial companies with at least 25 janitors. Janitors who are not retained for the initial 60-day period by the new contractor or subcontractor will have a cause of action against the contractor, not the building owner, for back pay. This law is modeled after similar local ordinances in Philadelphia, San Francisco, and Washington, D.C.

While the enactment of SB 20 was a great victory for the Service Employees International Union (SEIU), which is the collective bargaining representative for janitors, Governor Davis dealt a blow to workers in general by vetoing SB 71 and Assembly Bill 1176, which aimed at increasing the benefit level of workers' compensation payments over a five-year period. This measure had support from both labor and employer groups that support an increase in the benefit level, which is considered among the lowest in the country for workers injured on the job. However, the different interest parties do not agree on other cost-saving reforms that employers are seeking. In his veto message, Davis stated that the bill did not do enough to promote an early return-to-work policy for injured workers.