California Assembly passes janitorial workloading bill AB 2364; exemption excludes production-rate limit, increases harassment-training costs, and establishes a 7-person advisory committee by January 1, 2026.

June 4, 2024 (press release) –

On May 22, the California State Assembly amended and passed a bill (AB 2364) that would have imposed a 2,000 square feet per hour production-rate limit for workers, as well as increased the costs of mandatory, in person harassment-training programs for all cleaning service employers. 

While the amended bill removed the production-rate limit, it would have the California Division of Labor Standards Enforcement establish a seven-person advisory committee to develop and approve, “through a majority vote, a comprehensive set of recommended regulations establishing janitorial standards for the purpose of protecting the health and safety of workers” by January 1, 2026. This is similar to the controversial Fast Food Council that California recently established and would likely result in workloading and production rate regulations.

ISSA opposes AB 2364, as currently written, because the bill: (1) fails to have enough representation from experts related to the issues the proposed committee is being asked to address, (2) does not put in place sufficient safeguards to ensure public transparency, (3) does not allow for enough time to sufficiently analyze and come up with solutions to these issues, and (4) it is not clear if this bill would allow the public and other interested parties not selected to the committee to have their voices heard through a formal public rulemaking process.

TAKE ACTION: As a result, we encourage those who are based in or operate cleaning companies in the state of California to contact your elected officials (use your California address) by utilizing ISSA’s Advocacy Action Center. This link can also be shared with your customers and vendors who may be negatively impacted by these regulations.

In developing the regulations, the committee shall consider, the time it reasonably takes workers to properly clean a given space without a high risk of incurring repetitive motion injuries, considering all of the following factors:

1. Standard of cleaning, such as daily, interim, or restorative
2. Type of facility
3. Tools and equipment
4. Level of training
5. Square footage to be cleaned.
6. The combination of tasks assigned throughout the shift.

The bill will next be taken up in the California Senate Committee on Labor, Public Employment, and Retirement. If it passes there, it will still need to pass the California Senate Appropriations Committee, full Senate, and the governor before becoming law. ISSA will continue to monitor and engage with policymakers, our members, other businesses, trade associations, and labor in the state on this important piece of legislation.

Please contact ISSA Director of Government Affairs John Nothdurft at johnn@issa.com if you have any questions about the legislation or would like to get engaged in our advocacy efforts.

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