Property Services / Janitorial Labor Contractors

For contractors

Learn more about the new application process for property services contractors.

What are the requirements for labor contractors?

• 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 which containing the terms and conditions of employment 

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.

How do I renew my license?

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.

What is a property services contractor?

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.

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?

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.

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?

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.

I operate a carpet cleaning business. Is carpet cleaning the kind "janitorial services" that requires a license?

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 house-cleaning 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 
• 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 house-cleaning 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.

Where can I find a list of all the NAICS codes?

You can search the 2017 NAICS by keyword online at https://www.census.gov/eos/www/naics

I just received a notice in the mail saying I may need a license; where do I start?

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.

I have other questions; where do I go from here?

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 questions 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.

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?

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.

I have submitted all of my application materials. May I immediately take the qualifying license examination?

Before taking the examination, you must have been issued a temporary permit. Contact the License Unit to arrange to take the examination within 30 days of being issued your temporary permit.