SB 646 Exempts Some Unionized Janitorial Employees From PAGA

On September 27, 2021, Gov. Newsom signed into law SB 646, which exempts janitorial employees from PAGA if they are covered by a collective bargaining agreement meeting certain minimum criteria. The bill, which codifies a new Labor Code Section 2699.8, defines a "janitorial employee" as "an employee whose primary duties are to clean and keep in an orderly condition commercial working areas and washrooms, or the premises of an office, multiunit residential facility, industrial facility, health care facility, amusement park, convention center, stadium, racetrack, arena, or retail establishment." Cal. Lab. Code § 2699.8(e)(1). 

Under the new statute, janitorial employees cannot bring a PAGA action if they are covered by a collective bargaining agreement that "provides for the wages, hours of work, and working conditions of employees, provides premium wage rates for all overtime hours worked," and meets certain other conditions. Id. § 2699.8(a)(1). One of those