BILL ANALYSIS Ó
AB 1311
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Date of Hearing: January 6, 2016
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
AB 1311
(Cooper) - As Proposed to be Amended January 6, 2016
SUBJECT: Employment: security services
SUMMARY: Provides 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 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.
3) Exempts temporary employees from the above-discussed
requirements if the employee's assignment is for 90 days or
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longer and the employee is not currently paid weekly.
FISCAL EFFECT: Unknown
COMMENTS: This bill addresses a technical issue regarding the
pay provisions of private security guards. According to the
sponsor, this issue is born of 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 the sponsor notes
reflects the fact that their employees frequently work on the
weekends, unlike many employers.
Therefore, 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.
ARGUMENTS IN SUPPORT
The sponsor 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 is not an attempt to change
the weekly payroll rule, but rather an industry specific
standard that will assist temporary services employers in
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complying with the law without impacting the rights of
employees.
PRIOR LEGISLATION
The language in this bill is identical to language that was
inserted last year into AB 1042 (Cooper). However, AB 1042 also
included a number of other provisions, including language to
expand the number of private security officers who fall under
the licensure and regulation of the Department of Consumer
Affairs. AB 1042 was vetoed by Governor Brown, but his veto
message reflected concerns with the other provisions of the
bill, not the clarifying language that has been amended into
this bill.
PROPOSED AMENDMENT
As proposed to be amended, this bill will add an urgency clause.
REGISTERED SUPPORT / OPPOSITION:
AB 1311
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Support
California Association of Licensed Security Agencies, Guards and
Associates
Opposition
None on file.
Analysis Prepared by:Ben Ebbink / L. & E. / (916) 319-2091