BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1311|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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CONSENT
Bill No: AB 1311
Author: Cooper (D)
Amended: 1/7/16 in Assembly
Vote: 27 - Urgency
SENATE LABOR AND IND. REL. COMMITTEE: 4-0, 6/8/16
AYES: Mendoza, Stone, Leno, Mitchell
NO VOTE RECORDED: Jackson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 1/27/16 (Consent) - See last page for
vote
SUBJECT: Temporary services employees: wages
SOURCE: Author
DIGEST: This bill allows 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
AB 1311
Page 2
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
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
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.
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Page 3
However, in determining this calculation, the court used a
calendar week of Sunday to Saturday, which is not the workweek
utilized by Securitas. Rather, this is the default calendar week
used by the Division of Labor Standards Enforcement 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 provides 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified6/27/16)
California Association of Licensed Security Agencies, Guards and
Associates
OPPOSITION: (Verified6/27/16)
None received
ARGUMENTS IN SUPPORT: 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
AB 1311
Page 4
rather an industry specific standard that will assist temporary
services employers in complying with the law without impacting
the rights of employees.
ASSEMBLY FLOOR: 78-0, 1/27/16
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez,
Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Mathis
Prepared by: Gideon L. Baum / L. & I.R. / (916) 651-1556
6/29/16 15:50:35
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