19134. (a) Personal services contracts entered into by a state agency in accordance with Section 19130 for persons providing janitorial and housekeeping services, custodians, food service workers, laundry workers, window cleaners, and security guard services shall include provisions for employee wages and benefits that are valued at least 85 percent of the state employer cost of wages and benefits provided to state employees for performing similar duties.
(b) For purposes of this section, “benefits” includes “health, dental, retirement, and vision benefits, and holiday, sick, and vacation pay.”
(c) (1) The Department of Human Resources shall establish annually the state employer wage and benefit costs for workers covered pursuant to this section.
(2) Benefit costs shall be established using rates based on single employee, employee plus one dependent, and employee plus two or more dependents, or the costs may be based on a blended rate, subject to the determination of the Department of Human Resources.
(d) In lieu of providing actual benefits, contractors may comply with this section by a cash payment to employees equal to the applicable determination under subdivision (c).
(e) Failure to provide benefits or cash in lieu to employees as required under this section shall be deemed to be a material breach for any contract for personal services covered by this section.
(f) The Department of General Services and the Department of Human Resources may adopt guidelines and regulations to implement the requirements of this section.
(g) This section applies to all contracts exceeding 90 days.
(h) Holiday pay shall be provided to employees of contractors providing services specified in subdivision (a) on any state holiday that the state facility in which the services are being provided is closed.
(i) This section also applies to wages and benefits of employees of subcontractors providing services specified in subdivision (a) in state-leased facilities where the facility is at least 50,000 square feet in area and the state leases all of the occupied floorspace of the facility.
(j) With the exception of subdivision (h), this section does not apply to personal services contracts for the services described in subdivision (a) performed by employees of nonprofit organizations that are employed in accordance with any of the following:
(1) A special license issued pursuant to Section 1191.5 of the Labor Code.
(2) A special certificate issued pursuant to Section 214 of Title 29 of the United States Code.
(3) A community rehabilitation plan described in Sections 19152 and 19404 of the Welfare and Institutions Code.
(4) A habilitation services program as described in Sections 19352 and 19356.6 of the Welfare and Institutions Code.
(Amended by Stats. 2012, Ch. 665, Sec. 67. (SB 1308) Effective January 1, 2013.)
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