BILL ANALYSIS Ó AB 1311 Page 1 Date of Hearing: January 21, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1311 (Cooper) - As Amended January 7, 2016 ----------------------------------------------------------------- |Policy |Labor |Vote:| 7-0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: Yes State Mandated Local Program: YesReimbursable: No SUMMARY: This bill provides that if an employee of a temporary service employer is employed as a registered security guard, the employee's wages are due and payable no less frequently than AB 1311 Page 2 weekly, regardless of when the assignment ends, and payable not later than the regular payday of the following workweek. FISCAL EFFECT: No significant state fiscal impact. COMMENTS: 1)Background. Under current law, temporary service employers are required to pay employees no less frequently than weekly and not later than the regular payday of the following calendar week. Employers are exempt from this requirement if the employee's assignment is for 90 days or longer and the employee is not currently paid weekly. 2)Purpose. According to the author, this bill is in response to a recent court case, Huff v. Securitas Security Services (2015), where the defense successfully argued that it had not violated the temporary services employer requirements because all claimants had assignments for more than 90 consecutive calendar days. In determining this calculation, the court used a calendar week of Sunday to Saturday. This is the default calendar week used by the Division of Labor Standards Enforcement (DLSE) for enforcement purposes. According to the author, this "calendar week" is not reflective of the security industry. Securitas and other security firms typically use a Friday to Thursday workweek. This bill provide that if a temporary employee is employed as a security officer, the employee's wages are due weekly and are payable on the regular payday of the following workweek. "Workweek" is defined under existing law as any seven AB 1311 Page 3 consecutive days, starting with the same calendar day each week. 3)Prior legislation. The language in this bill is identical to language in AB 1042 (Cooper) of 2015. However, AB 1042 also contained provisions to expand the number of private security officers that fall under licensure and regulation of the Department of Consumer Affairs. Governor Brown vetoed AB 1042 and provided the following veto message: This bill expands the definition of a proprietary private security officer to include either a person who wears a security uniform or provides a security function. Under this new definition more people would need to register with the Bureau of Security and Investigative Services. Registration and licensing can help protect consumers and the public, but they can also create barriers to entry. I am not convinced that enough evidence currently exists to justify expanding the definition of a proprietary private security officer to include bouncers who work at nightclubs and bars. Analysis Prepared by:Misty Feusahrens / APPR. / (916) 319-2081