Amended in Senate June 23, 2015

Amended in Assembly May 18, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1042

Introduced by Assembly Member Cooper

February 26, 2015

An act to amend Section 7574.01 of the Business and Professions Code, begin insert and Section 201.3 of the Labor Code, end insert relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

AB 1042, as amended, Cooper. Proprietary security services.

The Proprietary Security Services Act generally regulates the proprietary private security vocation, and requires a proprietary private security officer to, among other things, register with the Department of Consumer Affairs and complete specified training. The act defines a proprietary private security officer as an unarmed individual who, among other qualifications, meets 2 specific criteria of being required to wear a distinctive uniform clearly identifying him or her as a security officer and of being likely to interact with the public while performing his or her duties.

This bill would expand the definition of a proprietary private security officer by instead requiring one of the 2 specific criteria to be met and would include examples of the security officer’s duties that are likely to involve interacting with the public.

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The Private Security Services Act provides for the licensure and regulation of private patrol operators by the Bureau of Security and Investigative Services in the Department of Consumer Affairs. Existing law defines a private patrol operator as a person who, for consideration, agrees to furnish, or furnishes, a watchman, guard patrolperson, or other person to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation, or concealment of any property; or performs the service of a watchman, guard, patrolperson, or other person, for any of these purposes. Existing law defines a security guard as an employee of a private patrol operator who performs those above-referenced functions on or about the premises owned or controlled by the customer of the private patrol operator or by the guard’s employer or in the company of persons being protected.

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Existing law generally requires that an employee of a temporary services employer, as defined, be paid weekly. Existing law provides that a violation of these provisions is punishable as a misdemeanor.

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This bill would provide for that weekly pay requirement to apply to a security officer employed by a private patrol operator who is a temporary services employer, as provided.

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By expanding the scope of crime, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 7574.01 of the Business and Professions
Code is amended to read:

7574.01.  

For the purposes of this chapter, the following terms
shall have the following meanings:

(a) “Bureau” means the Bureau of Security and Investigative
Services.

(b) “Chief” means the Chief of the Bureau of Security and
Investigative Services.

(c) “Director” means the Director of Consumer Affairs, unless
the context indicates otherwise.

(d) “Person” includes any individual, firm, company,
association, organization, partnership, and corporation.

(e) “Proprietary private security employer” means a person who
has one or more employees who provide security services for the
employer and only for the employer. A person who employs
proprietary private security officers pursuant to this chapter at
more than one location shall be considered a single employer.

(f) “Proprietary private security officer” means an unarmed
individual who is employed exclusively by any one employer
whose primary duty is to provide security services for his or her
employer, whose services are not contracted to any other entity or
person, and who is not exempt pursuant to Section 7582.2, and
who meets either of the following criteria:

(1) Is required to wear a distinctive uniform or marked shirt or
jacket clearly identifying the individual as a security officer.

(2) Is likely to interact with the public while providing security
services, which may include, but not be limited to, acting to prevent
unapproved or unlawful entry, directing persons causing a
disturbance to leave the facility, ensuring that persons removing
property from the facility are acting within appropriate policy
requirements, observing and reporting incidents or suspicious
activity to management and to public safety authorities as
appropriate, and responding to or reporting incidents of fire,
medical emergency, hazardous materials, and other incidents or
conditions following procedures established by the employer.

(g) “Registrant” means an individual registered with the bureau
under this chapter.

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begin insert SEC. 2. end insert   

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begin insert Section 201.3 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

201.3.  

(a) For purposes of this section, the following
definitions apply:

(1) “Temporary services employer” means an employing unit
that contracts with clients or customers to supply workers to
perform services for the clients or customers and that performs all
of the following functions:

(A) Negotiates with clients and customers for matters such as
the time and place where the services are to be provided, the type
of work, the working conditions, and the quality and price of the
services.

(B) Determines assignments or reassignments of workers, even
if workers retain the right to refuse specific assignments.

(C) Retains the authority to assign or reassign a worker to
another client or customer when the worker is determined
unacceptable by a specific client or customer.

(D) Assigns or reassigns workers to perform services for clients
or customers.

(E) Sets the rate of pay of workers, whether or not through
negotiation.

(F) Pays workers from its own account or accounts.

(G) Retains the right to hire and terminate workers.

(2) “Temporary services employer” does not include any of the
following:

(A) A bona fide nonprofit organization that provides temporary
service employees to clients.

(B) A farm labor contractor, as defined in subdivision (b) of
Section 1682.

(C) A garment manufacturing employer, which, for purposes
of this section, has the same meaning as “contractor,” as defined
in subdivision (d) of Section 2671.

(3) “Employing unit” has the same meaning as defined in
Section 135 of the Unemployment Insurance Code.

(4) “Client” and “customer” means the person with whom a
temporary services employer has a contractual relationship to
provide the services of one or more individuals employed by the
temporary services employer.

(b) (1)  begin insert (A) end insert begin insert   end insert Except as provided in paragraphs (2) to (5),
inclusive, if an employee of a temporary services employer is
assigned to work for a client, that employee’s wages are due and
payable no less frequently than weekly, regardless of when the
assignment ends, and wages for work performed during any
calendar week shall be due and payable not later than the regular
payday of the following calendar week. A temporary services
employer shall be deemed to have timely paid wages upon
completion of an assignment if wages are paid in compliance with
this subdivision.

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(B) Except as provided in paragraphs (2) to (5), inclusive, if an
employee of a temporary services employer is employed in the
security services industry as a security officer who is registered
pursuant to Chapter 11.5 (commencing with Section 7580) of
Division 3 of the Business and Professions Code, is employed by
a private patrol operator registered pursuant to that chapter, and
is assigned to work for a client, that employee’s wages are due
and payable no less frequently than weekly, regardless of when
the assignment ends, and wages for work performed during any
workweek, as defined under Section 500, shall be due and payable
not later than the regular payday of the following workweek.

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(2) If an employee of a temporary services employer is assigned
to work for a client on a day-to-day basis, that employee’s wages
are due and payable at the end of each day, regardless of when the
assignment ends, if each of the following occurs:

(A) The employee reports to or assembles at the office of the
temporary services employer or other location.

(B) The employee is dispatched to a client’s worksite each day
and returns to or reports to the office of the temporary services
employer or other location upon completion of the assignment.

(C) The employee’s work is not executive, administrative, or
professional, as defined in the wage orders of the Industrial Welfare
Commission, and is not clerical.

(3) If an employee of a temporary services employer is assigned
to work for a client engaged in a trade dispute, that employee’s
wages are due and payable at the end of each day, regardless of
when the assignment ends.

(4) If an employee of a temporary services employer is assigned
to work for a client and is discharged by the temporary services
employer or leasing employer, wages are due and payable as
provided in Section 201.

(5) If an employee of a temporary services employer is assigned
to work for a client and quits his or her employment with the
temporary services employer, wages are due and payable as
provided in Section 202.

(6) If an employee of a temporary services employer is assigned
to work for a client for over 90 consecutive calendar days, this
section shall not apply unless the temporary services employer
pays the employee weekly in compliance with paragraph (1) of
subdivision (b).

(c) A temporary services employer who violates this section
shall be subject to the civil penalties provided for in Section 203,
and to any other penalties available at law.

(d) Nothing in this section shall be interpreted to limit any rights
or remedies otherwise available under state or federal law.

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begin insert SEC. 3. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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