​Frequently Asked Questions


 

PLEASE NOTE: The following responses to questions about Oregon's new requirements for property services contractors have been prepared for general information purposes. Nothing on this website is intended as legal advice. Any responses to specific questions are based on the facts as we understand them, and not intended to apply to any other situations. This communication is not an agency order. If you need legal advice, please consult an attorney.

For answers to general employment questions, the Bureau of Labor and Industries Technical Assistance for Employers program also maintains answers to frequently asked questions from employers on its webpage at www.oregon.gov/BOLI/TA.

 

 

 

 

Overview

Beginning January 1, 2018, Oregon House Bill 3279 (2017) requires that certain property services contractors which provide janitorial labor to another for remuneration will need to obtain a labor contractor license.
 
Oregon already licenses other types of labor contractors (farm, forestation and construction labor contractors) under Oregon Revised Statute (ORS) 658.405 to 658.991. 
 
Generally, labor contractors are required to:
  • Apply for and maintain a current labor contractor license;
  • Furnish a written summary of certain rights and the terms and conditions of employment offered to each worker at the time of hiring, recruiting, soliciting or supplying, (whichever occurs first);
  • Execute a written agreement with the worker at the time of hiring and prior to the worker performing any work for the contractor whichcontaining the terms and conditions of employment; and  
Note: Unlike other labor contractors, property services contractors are NOT required to provide evidence of financial security (a bond or deposit) unless they have failed to comply with wage and hour laws or civil rights laws in the previous two years or cannot provide certification of general liability insurance in the amount of one million or more.
 
Effective March 12, 2018, Oregon House Bill 4058 (2018) enacted a number of revisions to the labor contracting law for property services contractors, including:
 
Oregon Statute as Revised
Change
658.405(6)(b)(B)
Excludes employees of a licensed property services contractor from the requirement to hold a license. 
658.440(1)(i)
Removes the requirement for property services contractors to submit certified payroll reports.
658.410(2)(h)
Allows BOLI to issue a license to certain business entity types or a private nonprofit corporation without licensing a majority of the ownership provided that certain requirements are met.
658.415(2)(a)
Clarifies the requirements for satisfactory proof of insurance for property service contractors.
658.412(2)
Permits BOLI to establish alternative processes for administering an examination for property services contractor license.
658.428(2)
Revises the time frames by which a property services contractor must provide training to certain employees.
658.440(1)(k)
Specifies a timeline for property services contractors to respond to a request for records.
HB 4058 Section 9
Permits a person to bring a civil action against a property services contractor on or after July 1, 2018.
658.411(2)(c)
Exempts a labor contractor subject to employee indorsement who is an employee of a property services contractor from providing personal information to BOLI.
 
A copy of the bill itself is available online right here.
 
In order to renew a property services contractor license, the applicant will need to provide documentation of required training on sexual harassment and discrimination as well as documentation on work locations, employee counts and demographic information employees provide voluntarily. 
 
BOLI’s Technical Assistance for Employers program will be developing a range of options to help employers meet their obligation to provide sexual harassment and discrimination trainings in the coming months.   
  
 
 

Defining a Property Services Contractor

Q. What is a property services contractor?
A. The law now defines a "property services contractor" as any person that:
 
(A) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers to perform labor for another person to provide services that include janitorial services;
 
(B) Enters into a subcontract with another for any of the activities described in paragraph (A) above.
 
Q. I can see how this would cover staffing companies that provide workers to other companies, but my employees are working for me when they provide cleaning services for my clients – am I a property services contractor?
A. Yes.   Insofar as your company is being remunerated for providing workers to perform janitorial services for your clients, your company has met each of the elements of a property services contractor.
 
Q. I am a sole proprietor of a business that provides janitorial services.  I don't have any workers and perform the services myself.  Am I required to obtain a labor contractor license?
A. No.  Individuals who operate as sole proprietors under their own names and assumed business names, who work alone, and who are not recruiting, soliciting, supplying or employing workers are not required to obtain a labor contractor license.
 
  
 

Janitorial Services

Q. I operate a carpet cleaning business.  Is carpet cleaning the kind "janitorial services" that requires a license?
A. No.  The administrative rules implementing the revised law indicate that "janitorial services" means work defined as “Janitorial Services” by the North American Industry Classification System (NAICS), but does not include residential housecleaning services. The NAICS code for Janitorial Services (561720) includes as representative examples:
 
Building cleaning services, interior
Building cleaning services, janitorial
Cleaning offices
Cleaning shopping centers
Custodial services Service station cleaning and degreasing services
Washroom sanitation services
Deodorant servicing of rest rooms
Deodorizing services
Disinfecting services
Janitorial services
Janitorial services, aircraft
Office cleaning services
Rest room cleaning services
Restaurant kitchen cleaning services
Service station cleaning and degreasing services
Venetian blind cleaning services
Washroom sanitation services
Window cleaning services
 
However, residential housecleaning work or cleaning work that clearly appears under another NAICS classification would not be considered Janitorial Services.  Carpet cleaning on the customer's premises, for example, falls under NAICS code "561740 Carpet and Upholstery Cleaning Services".  A contractor whose only services fall outside the scope of “janitorial services” (for example, building security services; new construction clean up; or carpet cleaning) would not need to hold a license to supply or employ workers.
 
Q. Where can I find a list of all the NAICS codes?
A. You can search the 2017 NAICS by keyword online at https://www.census.gov/eos/www/naics
 
  
 

Application Process

Q. I just received a notice in the mail saying I may need a license; where do I start?
A. If you or your business meet the definition of a property services contractor (see above) check out our overview of the application process.  All of the forms you’ll need to get started are available on our property services contractor forms directory.
 
Q. What happens if I don’t have a license by January 1, 2018?
A. Although the new law takes effect January 1, 2018, Commissioner Avakian has clarified that BOLI's enforcement of this law during its first ninety days will not include proactive enforcement, and during this period, BOLI will focus first on helping contractors to get through the licensing process as smoothly as possible. BOLI will reserve enforcement actions for egregious violations. Click here for a copy of the Commissioner's letter to members of the legislature.
 
UPDATE:
Although Oregon’s law regarding property services contractors took effect on January 1, 2018, the Oregon Legislature recently enacted a significant amendment of the law.  With this in view, BOLI will continue to emphasize providing employers with the assistance they need to adjust to these new requirements.  BOLI will forgo proactive enforcement of the property services contractor law through July 2018 and, during this period, assist any unlicensed contractors to come into compliance.  BOLI will reserve any other enforcement action for egregious complaints and allegations of employers intentionally harming employees.
 
Q. I have other questions; where do I go from here?
A. Please do not hesitate to contact us!  Our number is 503-378-3292. We’re returning telephone calls as quickly as possible but due to the volume of question we’re receiving, we may not be able to pick up right away, so please do leave a message.  Alternatively, you can send us an email to Janitorial.Reports@boli.state.or.us.
 
Q. Do I need to submit a completed tax certification form from the Oregon Department of Revenue and the Oregon Employment Department with my application or will BOLI obtain this information on my behalf?
A. You must submit a tax certification form (copies of which are included with the application materials) to each agency, which will complete the form and return it to you.  Include the completed tax certification form with your application.  BOLI is not able to obtain 
a completed tax certification form for you.
 
Q. I have submitted all of my application materials.  May I immediately take the qualifying license examination?
A. Before taking the examination, you must have been issued a temorary permit.  Contact the License Unit to arrange to take 
the examination within 30 days of being issued your temporary permit.  
 
   
 

Additional Information

 
Contact the Wage and Hour Division Labor Contracting Unit.
Online:  www.oregon.gov/boli/WHD/PSC  or by Email
Telephone:  503-378-3292 (Ore. Relay TTY: 711). Se habla español.
 
Rev 12/2017