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