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California prevailing wage and service contracts: where cleaning work fits
California prevailing wage applies to public works, and DIR’s regulation leaves routine, recurring janitorial and custodial service out of the maintenance work that public works includes. Cleaning is not always outside the law, though: cleanup at a jobsite after construction counts as construction under Labor Code 1720, and some upkeep of building fixtures sits inside the maintenance definition. Coverage turns on the specific contract, and DIR makes coverage determinations. Here is how the rules fit together for cleaning and facility service bidders, as of November 2026.
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The short answer for cleaning contracts
Routine janitorial and custodial service is generally not prevailing-wage work on the basis of maintenance, because Exception 1 of 8 CCR 16000 removes it from DIR’s definition of maintenance. Post-construction cleanup is a different matter, since Labor Code 1720 treats jobsite cleanup in the postconstruction phase as part of construction. Read each solicitation and contract on its own terms; the public agency letting the contract and DIR decide.
| Type of cleaning work | What the sources say |
|---|---|
| Routine, recurring or usual janitorial or custodial service | Excluded from “maintenance” by 8 CCR 16000, Exception 1 |
| Jobsite cleanup in the postconstruction phase of a construction project | Within “construction” under Labor Code 1720(a)(1) |
| Cleaning machinery and equipment permanently attached to a public building as fixtures | Listed inside the 8 CCR 16000 maintenance definition |
| Landscape maintenance | Included in maintenance by reference to Public Contract Code 21002 (work by sheltered workshops excluded) |
What California counts as public works
Under Labor Code 1720, public works means construction, alteration, demolition, installation or repair done under contract and paid for in whole or in part out of public funds. “Construction” stretches to preconstruction steps such as design, site assessment, feasibility, inspection and surveying, and to postconstruction work, which the statute says includes all cleanup at the jobsite. The section also lists street, sewer and improvement work under public authority, and laying carpet in a public building under a publicly funded contract or a building lease-maintenance contract.
“Paid for out of public funds” is defined broadly: direct payments, transfers of assets below market value, waived or reduced fees or rents, contingent loans and credits all count. So the money behind a job matters as much as the type of work.
Where maintenance contracts fit
Labor Code 1771 requires prevailing wages for all workers on public works over $1,000, and it names contracts let for maintenance work. It applies only to contracted work, not to an agency’s own employees.
DIR’s regulation, 8 CCR 16000, then defines maintenance as routine, recurring and usual work that preserves, protects and keeps a publicly owned or publicly operated building, structure, grounds, utility system or other real property safe and continually usable for its purpose. It includes carpentry, electrical, plumbing, glazing, touchup painting and other craft work that keeps the facility usable, and repairs, cleaning and other operations on machinery and equipment fixed to the building. Two exceptions follow: routine, recurring or usual janitorial or custodial services (Exception 1), and protection by guards, watchmen or other security forces (Exception 2). The regulation text is short and worth reading in full.
Cleaning work that can fall under public works
The safe reading is narrow. Final cleanup on a publicly funded construction, alteration or repair project is part of construction under Labor Code 1720, so a firm bidding post-construction cleaning on public projects checks the project’s prevailing wage terms first. Cleaning that is part of upkeep on equipment permanently attached to a public building is named inside the maintenance definition. A recurring nightly janitorial contract at the same building falls under Exception 1.
When a contract mixes recurring service with project work, ask the agency letting it how it classifies each part, or to request a coverage determination from DIR.
DIR general prevailing wage determinations
DIR’s Director issues general prevailing wage determinations under Labor Code 1770, 1773 and 1773.1, twice a year: on February 22 and August 22. Each set takes effect ten days after issue, on September 1 for the August set and March 4 (March 3 in a leap year) for the February set. The current set on DIR’s determinations page in November 2026 was 2026-2, with journeyman and apprentice menus and pages for superseded, residential and important notices.
- Check the Statewide basic trades.
- Check the Northern or Southern California basic trades (and San Diego if it applies).
- Check the county subtrade determinations.
- Check county shift-differential determinations.
- Read the important notices for corrections.
The 2026-2 Northern California basic trades index lists classifications such as Laborer, Landscape Maintenance Laborer, Landscape/Irrigation Laborer, Tree Maintenance (Laborer), Asbestos Removal Worker (Laborer) and Teamster. No janitor, custodian or window cleaner classification appears in the 2026-2 Statewide index, the Northern California index or the Alameda County subtrades determination. Each determination carries an expiration date, and DIR’s FAQ explains the single- and double-asterisk notes and predetermined increases. If a needed classification is missing, DIR’s Research Unit takes requests, and DIR asks for 45 days before the bid advertisement date because the request can call for a wage survey.
DIR contractor registration and certified payroll
On covered public works, the paperwork starts before the bid. Contractors and subcontractors must be registered with DIR to bid on, be listed in a bid for, or perform covered work, under Labor Code 1725.5 (version operative July 1, 2026).
- Requirements: workers’ compensation coverage, a Contractors State License Board license where the trade needs one, no delinquent unpaid wage or penalty assessments, no federal or state debarment, and use of registered subcontractors only.
- Exempt project sizes: $25,000 or less for construction, alteration, demolition, installation or repair, and $15,000 or less for maintenance.
- Term: one, two or three fiscal years, each running July 1 to June 30.
- Accounts: DIR moved its public works services to a modernized website; a contractor that has not created a new account since May 24, 2024 creates one on Public Works Website Services.
- Certified payroll: contractors and subcontractors on most public works submit certified payroll records to the Labor Commissioner through that website, entered online or uploaded as XML built to DIR’s CPR schema, version 2.
- Apprentices: projects of $30,000 or more meet DIR’s apprenticeship requirements.
- Project notice: the public agency, not the contractor, notifies DIR of each covered contract within 30 days after it is let and before workers start.
DIR warns that failing to pay prevailing wages or follow the public works rules can bring civil penalties, criminal prosecution or both. California’s SB for public works certification is a separate state program, explained in the small business certification guide.
Government Code 19134: a separate rule for state janitorial contracts
This is not prevailing wage, but it is the wage rule most state custodial bidders meet. Under the State Contracting Manual, Volume 1, section 3.14, state personal services contracts longer than 90 days for janitorial, housekeeping, custodian, food service, security guard, laundry or window cleaning services guarantee covered employees the 85% wage requirement plus benefits: basic health care, dental, vision, holiday pay, vacation and retirement. State agency service contracts are posted on Cal eProcure, so registration comes before the first state bid.
- Benefits can be met as actual benefits, cash in lieu, or a mix worth at least 85% of the state’s cost for employees doing similar work.
- The rule reaches subcontracts for those services at state-leased buildings of 50,000 square feet or more that the state fully occupies.
- CalHR publishes the Schedule of Employee Benefit Rates and Wages by February 1 each year, agencies give bidders the amounts to use, and changes during a contract are made by amendment.
- Bidders state their chosen method and its total cost in the bid, contractors file monthly statements, and failing to provide the benefits is a material breach.
The source covers state contracts; county, city and school district contracts follow their own terms. Federal work follows the Service Contract Act instead. Federal work in California runs through a separate SAM.gov registration, and its wage rules come from federal law, not DIR.
How to tell which wage rule a solicitation applies
- Who is buying: a federal agency (Service Contract Act), a state department (Government Code 19134 for custodial contracts over 90 days, plus public works rules for any covered work), or a local agency (its own terms plus public works rules).
- What the work is: recurring cleaning, construction-phase cleanup, fixture upkeep or landscape maintenance, each read against the table above.
- How it is paid for: public money in any of the forms Labor Code 1720 lists.
- What the documents say: look for prevailing wage clauses, DIR registration requests, wage determinations or benefit schedules in the bid package.
- Who decides: ask the contracting agency in writing during the question period, and DIR for a coverage determination when the answer is unclear.
Contract wording on scope and hours is covered in our guide to janitorial service agreements, and bidding steps in our guide on how to bid on government cleaning contracts. This page is general information, not legal advice; the contract, the agency that lets it and DIR decide.
Facility service for your property
Continental provides janitorial, porter, floor care, landscaping and maintenance service for commercial properties, with Northern California roots and coverage across the U.S. If you oversee a building and need a scope priced to it, request a quote.
A few useful answers
Common questions
Does California prevailing wage apply to janitorial work?
Routine, recurring janitorial and custodial service is excluded from DIR’s definition of maintenance in 8 CCR 16000, so it is generally not public works on that basis. Jobsite cleanup after construction counts as construction under Labor Code 1720, and DIR decides coverage for a specific contract.
When does DIR publish prevailing wage determinations?
Twice a year, on February 22 and August 22. Each set takes effect ten days later: September 1 for the August set, and March 4, or March 3 in a leap year, for the February set.
Does a cleaning company need DIR registration?
A contractor needs DIR registration to bid on, be listed in a bid for, or perform covered public works, under Labor Code 1725.5. Maintenance projects of $15,000 or less and construction projects of $25,000 or less are exempt.
Is there a janitor classification in the DIR determinations?
No janitor, custodian or window cleaner classification appears in the 2026-2 Statewide index, the Northern California basic trades index or the Alameda County subtrades determination. DIR’s Research Unit takes requests for missing classifications.
Is Government Code 19134 a prevailing wage law?
No. It is a separate rule for state personal services contracts over 90 days for janitorial, custodial, window cleaning, guard and similar services. Covered workers receive the 85% wage requirement plus health, dental, vision, holiday, vacation and retirement benefits.