BILL ANALYSIS Ó
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: AB 1311 Hearing Date: June 8,
2016
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|Author: |Cooper |
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|Version: |January 7, 2016 |
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|Urgency: |Yes |Fiscal: |Yes |
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|Consultant:|Gideon Baum |
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Subject: Temporary services employees: wages
KEY ISSUE
Should the Legislature allow temporary services employers to pay
temporary private security officers based on a workweek
(Friday-Thursday) rather than a calendar week (Sunday-Saturday)?
ANALYSIS
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) Exempt temporary employees from the above-discussed
requirements if the employee's assignment is for 90 days
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or longer and the employee is not currently paid weekly.
(Labor Code §201.3)
This bill:
1) 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.
2) Declares the provisions above as necessary for the
immediate preservation of the public peace, health, or
safety and must go into effect immediately.
COMMENTS
1. Need for this bill?
AB 1311 addresses an unusual court case that dealt with the
timing of wages for security guards, Specifically, in Huff v.
Securitas Security Services, Case No. 1-10-CV-172614 (2015),
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. With
assignments of that length, security guards are explicitly
exempted from the provisions of Labor Code Section 201.3,
which was discussed earlier.
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.
AB 1311 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
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following workweek.
2. Proponent Arguments :
Proponents argue 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. Proponents argue that AB 1311 is not an attempt to
change the weekly payroll rule, but rather an industry
specific standard that will assist temporary services
employers in complying with the law without impacting the
rights of employees.
3. Opponent Arguments :
None on file.
4. Prior Legislation :
SB 940 (Yee), Chapter 169, Statutes of 2008, creates the
temporary services employer pay provisions discussed above.
SUPPORT
California Association of Licensed Security Agencies, Guards and
Associates
OPPOSITION
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