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
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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
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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
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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