Is Your Janitorial Provider Cutting Legal Corners? The Risks of Worker Misclassification

While many commercial cleaning companies operate with integrity, some bend the rules to reduce costs. A common issue in the industry is mislabeling employees as independent contractors. This tactic might help the company avoid taxes and benefits—but it can be illegal and exploitative, especially for vulnerable workers.

A Closer Look: Jan-Pro’s Practices in DC

A major example took place in Washington, DC in 2022. The city’s Attorney General investigated Jan-Pro, accusing the company of running a complex franchising model that misrepresented janitors as independent contractors. These workers signed so-called “franchise” contracts with the belief they were launching their own businesses.

In reality, Jan-Pro controlled when, how, and where they worked—conditions that clearly made them employees, not contractors. Because of this misclassification, the workers missed out on legal protections like paid leave and proper wages. Many earned far less than the law requires.

What This Means for Your Business

Hiring a cleaning vendor that misclassifies its workers might seem like a non-issue—but it can create serious problems for your company:

• Reputation Risks: Public lawsuits or news coverage could link your brand to unfair labor practices.
  

• Unexpected Service Loss: If the vendor is hit with legal action, they might disappear overnight, leaving you without cleaning support.
  

• Low Standards: Underpaid workers may be rushed or stressed, leading to incomplete or poor-quality cleaning.
  

• Value Alignment: If ethical sourcing and fair treatment matter to your organization, your vendors should reflect those values too.
  

Can Janitorial Companies Use Contractors Legally?

Yes—but with limits. It’s lawful to use independent contractors if the workers truly operate independently. That means they control their own schedules, choose how the work gets done, and provide their own tools.

Companies that follow the rules can’t direct tasks or supervise contractors like employees. If a cleaning provider says they use independent contractors, ask for clarity on how much control they have over those workers and how they ensure fair treatment.

Choosing the Right Kind of Cleaning Partner

Your safest option is to work with a janitorial company that directly hires and manages its employees. These businesses take responsibility for their teams, offer training and benefits, and follow labor laws. They’re more likely to deliver dependable, consistent results.

Though companies using independent contractors might offer lower rates, the potential for legal trouble or poor service often outweighs the savings. Choosing a vendor that respects labor laws and treats its workers fairly helps protect your business and supports a stronger, more ethical supply chain.

Looking for a trustworthy cleaning provider that meets those standards? We’d be glad to work with you.