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What employee rights do janitorial workers get in California?

Janitorial work is an integral job in California that gives people a way to earn a sound living. In some instances, however, these workers are confronted with a denial of benefits and other reasons to file employment claims. Protected under the Division of Labor Standards Enforcement (DLSE), these workers can file a complaint even if they are undocumented.

Janitorial workers are supposed to receive the minimum wage. In general, this will be paid twice per month. These workers are entitled to have a rest period of 10 minutes for every four hours worked or a commensurate fraction. If this is not provided, the employer must give the worker an extra hour of regular hourly pay for every workday in which there is no rest given. There is the right to a meal break of a minimum of 30 minutes if the worker is on the job for more than five hours. The worker is required to be relieved of duty while on meal break. If not, there must be an additional hour of pay given.

A janitorial worker who suffers an injury on the job has the right to pursue workers’ compensation. The worker has to be given the required tools, supplies and a uniform to perform the job. Workers have the right to get a wage statement or pay stub when wages are paid. This is true whether the pay is given in cash or by check. There must also be information provided as to when the paydays are scheduled. Employees must be classified accurately. The DLSE has had instances in which there has been improper classification, and it is often a reason for a denial of employee benefits.

If the worker is terminated or quits, he or she has the right to be paid within 72 hours. If this is not done, the employer might have to pay one day’s salary for every day of the delay. A worker can file a wage claim or other complaint for employer wrongdoing even if he or she is undocumented. If a janitorial worker has reason for an employment claim, a failure to pay benefits or any other violation of employee rights, he or she needs to know how to pursue what he or she are entitled to as well as any compensation that might be due.

Source: dir.ca.gov, “In California Janitorial Workers Have Rights,” accessed on Aug. 1, 2016


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