BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1042


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1042 (Cooper)


          As Amended  September 4, 2015


          Majority vote


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          |ASSEMBLY:  | 78-0 | (May 28,      |SENATE: |38-0  | (September 9,   |
          |           |      |2015)          |        |      |2015)            |
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          Original Committee Reference:  L. & E.


          SUMMARY:  Makes a number of changes to existing law related to  
          proprietary private security officers.


          The Senate amendments:


          1)Delay changing the definition of a proprietary private  
            security officer until January 1, 2017.


          2)Define "security services," as specified.


          3)Effective January 1, 2017, exempt from the Proprietary  
            Security Services Act an unarmed person who is employed by a  
            retailer of merchandise at a retail merchandise store to  
            report or prevent theft and who wears plain clothes or clothes  








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            with only the logo or business name of the retailer of  
            merchandise.


          4)Effective January 1, 2017, exempt from the Proprietary  
            Security Services Act an employee at an entertainment or  
            sports venue, including, but not limited to, a theme or  
            amusement park, and a theatrical screening, whose primary  
            duties consist of screening guests and their personal items  
            before venue entry, checking admission tickets, directing  
            guests, or any combination of these duties, and seeking  
            assistance from law enforcement or security personnel when  
            that would be the ordinary and customary response of an  
            employee in the event of an unapproved or unlawful entry or  
            criminal act or disturbance.


          5)Make additional clarifying and technical changes.


          6)Provide that if an employee of a temporary services employer  
            is employed as a registered security officer, his or her wages  
            are due and payable no less than frequently than weekly,  
            regardless of when the assignment ends, and must be due and  
            payable not later than the regular payday of the following  
            workweek.


          EXISTING LAW: 


          1) Defines "temporary services employer" as an employing unit  
             that contracts with clients or customers to supply workers to  
             perform services for the clients or customers and performs  
             certain specified functions, including determining  
             assignments and paying the worker.


          2) Provides that a temporary services employer must pay his or  
             her employees no less frequently than weekly and not later  
             than the regular payday of the following calendar week.









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          3) Exempt temporary employees from the above-discussed  
             requirements if the employee's assignment is for 90 days or  
             longer and the employee is not currently paid weekly.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, the Bureau of Security and Investigative Services  
          would incur new staffing costs of $226,000 annually, fully  
          offset by new licensing fee revenues.


          COMMENTS:  This bill addresses two aspects of law related to  
          private security officers.  The first portion of this bill  
          expands the number of private security officers who fall under  
          the licensure and regulation of the Department of Consumer  
          Affairs.  These provisions are within the jurisdiction of the  
          Assembly Business and Professions Committee.


          The second component of this bill addresses provisions related  
          to the payment of wages of private security guards.  This  
          provision arises from a recent court case, Huff v. Securitas  
          Security Services, Case No. 1-10-CV-172614 (2015).  In that  
          case, Securitas successfully argued that it has not violated the  
          temporary services employer requirements as all of the claimants  
          had assignments in excess of 90 days.  However, in determining  
          this calculation, the court used a calendar week of Sunday to  
          Saturday, which is not the work week utilized by Securitas.   
          Rather, this is the default calendar week used by the Division  
          of Labor Standards Enforcement (DLSE) for enforcement purposes.   
          Securitas and other security firms utilize a Friday to Thursday  
          workweek, which proponents note reflects the fact that their  
          employees frequently work on the weekends, unlike many  
          employers.


          This bill would provide that, if a temporary employee is  
          employed as a security officer, the employee's wages are due  
          weekly and due and payable on the regular payday of the  
          following workweek.









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          The California Association of Licensed Security Agencies, Guards  
          and Associates argues that most security services firms define  
          the workweek as Friday to Thursday, and that this schedule is  
          born of the specific industrial requirements of the security  
          industry.  They argue that this bill not an attempt to change  
          the weekly payroll rule, but rather represents an industry  
          specific standard that will assist temporary services employers  
          in complying with the law without impacting the rights of  
          employees.  


          Analysis Prepared by:                                             
                          Ben Ebbink / L. & E. / (916) 319-2091  FN:  
          0002226