BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1311


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          Date of Hearing:  January 21, 2016 


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1311 (Cooper) - As Amended January 7, 2016


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          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


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          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


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            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