Aley Moyer

The Californian 2022 Q4 – California Tips the Scales: Employers’ New Obligations to Comply with Pay Transparency and Pay Data Reporting Requirements

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CALIFORNIA TIPS THE SCALES: EMPLOYERS’ NEW OBLIGATIONS TO COMPLY WITH PAY TRANSPARENCY AND PAY DATA REPORTING REQUIREMENTS

Saba Zafar, Esq. and Jaimee K. Wellerstein, Esq., Bradley, Gmelich + Wellerstein, CALSAGA Legal Advisor

On September 27, 2022, Governor Gavin Newsom signed Senate Bill 1162 (“SB 1162”), an expansive pay transparency and pay data reporting bill requiring employers to include pay ranges in all job advertisements effective January 1, 2023.  SB 1162 also makes significant changes to California’s existing pay data reporting requirements. 

What Do California Employers Need To Know About SB 1162?

SB 1162 has two components that will be codified under Labor Code section 432.3 and Government Code section 12999. The first relates to pay transparency and the second to the pay data report that is submitted to the Civil Rights Department (“CRD” – formerly the Department of Fair Employment and Housing).

1. Pay Transparency (Labor Code section 432.3) – Employers must comply with certain pay scale transparency requirements:

a. Employers with 15 or more employees must include the pay scale for a position in any job posting. This applies even if the employer engages the services of a third party to announce, post, publish or otherwise make a job posting known.

b. All employers must, upon reasonable request, provide the pay scale for a position to an applicant applying for a job (this was already a law but is a good reminder).

c. All employers must, upon request, provide an employee with the pay scale for the current job for which they are employed. 

d. Employers must also maintain records of a job title and the wage rate history for that job for the each employee for the length of the employee’s employment and then for three years after the employee’s separation of employment. The Labor Commissioner can audit these records. 

As to what constitutes a pay scale, it simply means “the salary or hourly wage range that the employer reasonably expects to pay for the position.” If the employer pays a set salary or hourly wage, then the employer should include that amount in the job posting. 

As a reminder, employers may not inquire about an applicant’s salary history. What can employers still do? Employers can still inquire about an applicant’s salary expectations.

2. Pay Data Reporting (Government Code section 129999) – Employers with 100 or more employees (“Covered Employers”) were already required to report pay data to the CRD and could previously have submitted the same EE0-1 report that they submitted to the Equal Employment Opportunity Commission (“EEOC”). Under amended Government Code section 12999, Covered Employers will have to meet some additional requirements. Below are some of the pertinent (but not all) changes:

a. Covered Employers must submit the pay data report by the second Wednesday of May of each year, rather than in March as previously required;

b. The report must include the number of employees by race, ethnicity, and sex for 10 job categories listed in the Code.

c. The report must also include the mean and median hourly rate for each job category for each combination of race, ethnicity, and sex. 

d. Covered Employers who contract with labor contractors must provide a separate report to the CRD. 

e. Employers can pick any pay period between October 1 and December 31 of the reporting year. 

What’s The Penalty for Non-Compliance?

It is incredibly important for employers to comply with these requirements, not just because it is the law, but also because non-compliance comes with penalties. 

For violations of Labor Code section 432.3, an aggrieved person may file a written complaint with the Labor Commissioner within one year after the person learns of the violation. Upon finding of a violation, the Labor Commissioner may assess penalties between $100 and $10,000 per violation!

For violations of Government Code section 12999, the CRD may assess penalties for a failure to file a report up to $100 per employee for the first violation and up to $200 per employee for each subsequent violation (for an employer with 100 employees, that is $10,000 for the first violation and $20,000 for each subsequent violation).

Employer Takeaway: Comply! Comply! Comply! If you do not already have data regarding pay scale for various positions, you should start compiling it now so that you are ready when an employee or applicant inquires about the pay scale for a position or when you need to include the pay scale on a job posting. For the pay data report to the CRD, since the data need only be for one pay period, employers should start compiling this information now so you are prepared to report it in May. As always, the attorneys at Bradley, Gmelich & Wellerstein, LLP are here to answer any questions you may have about this new law or its impact on your business. 

 Saba Zafar is Special Counsel in Bradley, Gmelich & Wellerstein LLP’s Employment Law Department. Ms. Zafar has over a decade of experience as an attorney, primarily in employment law. Ms. Zafar focuses her practice of providing strategic advice and counsel in all aspects of employment law and workplace matters, including drafting and implementation of HR policies and procedures, Employment Handbooks, providing advice to clients on personnel issues as well as general business matters.

 

 

Jaimee K. Wellerstein, Esq. is a Partner at Bradley, Gmelich & Wellerstein LLP, and the Head of the firm’s Employment Department. Jaimee concentrates her practice in representing employers in all aspects of employment law, including defense of wage and hour class actions, PAGA claims, discrimination, retaliation, harassment, wrongful discharge, misclassification, and other employment related lawsuits. She also provides employment counseling and training in all of these areas.

Jaimee routinely represents employers in federal and state courts and in arbitration proceedings throughout the state, as well as at administrative proceedings before the Equal Employment Opportunity Commission, the California Department of Labor Standards Enforcement, the United States Department of Labor, and other federal and state agencies.

Jaimee assists as a Legal Advisor to CALSAGA, and is a member of ASIS International. She is rated AV-Preeminent by Martindale-Hubbell, the highest peer rating available. jwellerstein@bgwlawyers.com

About Bradley, Gmelich & Wellerstein LLP

Founded in 2000, Bradley, Gmelich & Wellerstein, LLP is dedicated to providing sound advice and exceptional results for our clients. Our twenty-five plus skilled, dedicated and diverse attorneys represent individuals and businesses of all sizes in a wide variety of business, employment law and litigation matters.  www.bgwlawyers.com.

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Aley Moyer

The Californian 2022 Q2 – ADDING VALUE TO YOUR BIDS AND PROPOSALS

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ADDING VALUE TO YOUR BIDS AND PROPOSALS

Debbie Trecek Volkens, TEAM Software, CALSAGA Network Partner

Lowest bid technically acceptable is a painful part of the industry we work in. It’s why, sometimes, strategic initiatives to become more efficient fall to the back burner: initial investments in time and resources can seem like an unnecessary burden when you’re struggling to fill shifts and keep operating expenses within budget. 

The catch twenty-two about a back-burner approach, though, is that you cannot lower your costs and grow your profit without taking that first step towards efficiency. One tactic you can use to kickstart the process is to look at your business proposals and highlight where an efficiency-driving solution can bring direct value to your clients. Look at these five key areas of need your prospective clients are asking for and add information to your bids to strengthen your proposals. 

Qualified Guards On Site. 

Your clients are ensuring guards with the right qualifications are filling the needs of their contracts in order to create the safest and most secure environment possible. Demonstrate how you record and track certifications of officers, and send notifications when certifications are due to be updated. 

Reduced Liability And Risk. 

Incidents and risk open your clients up to liability and lawsuits. Demonstrate how you help shoulder that responsibility of welfare by monitoring where and when an officer is onsite (and how you have evidence via location tracking technology, checkpoint documentation or rich media like photos and video to back up your claims). Be prepared to offer daily shift reports to provide visibility and quality assurance, and showcase your safety procedures and automated communication flows so you can keep your clients aware of an unfolding incident and resolution status. 

Communication, Response Times And Customer Service. 

If there is an incident on site, your client needs it to be resolved appropriately and quickly. You should be able to send quick messages (like texts, emails or phone calls) securely to individual officers, or to larger patrol teams. Emergency communication automations can be leveraged to support your resolution practices and bring examples of reporting materials (like activity logs, incident reports and inspections). Ask questions about what your prospective client’s current procedure looks like and show them how reporting tools can be configured to their specifications. 

Reputation And Proof Of Service. 

You know software can’t complete physical security tasks for you, but it can improve the quality and consistency of the work you already provide. It can eliminate fraudulent timekeeping practices (like buddy punching) and ensure billable work is transparent and accurate. It can record your scope of work and identify areas of improvement. It can improve scheduling and reduce overtime (billable and non-billable). And, it proves it’s delivering in all of these areas through reporting and analytics tools as an asset to support your company’s reputation. 

Cost-Effective Services. 

It’s likely your clients don’t care what tools you’re using to get the job done. But, showcasing the value software brings to these areas can strengthen the value your company brings to your bidding proposal. Your data working together in one system helps drive efficiencies to your bottom line, meaning you can more competitively bid contracts. Then, you can pass that on to your customers, who win by gaining the best quality of service at the best price. 

When it’s clear the value outweighs the costs, you’ll have strengthened your competitive position and achieved an advantage.

 

Debbie joined TEAM in 2020 and works as a content marketing specialist. Her goal is to connect the dots between industry needs and product solutions through engaging, educational and valuable content. Debbie holds a bachelor’s degree in marketing and management from Peru State College, where she graduated summa cum laude.

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Aley Moyer

The Californian 2022 Q2 – THE IMPORTANCE OF DE-ESCALATION TRAINING IN A POST-LOCKDOWN WORLD

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THE IMPORTANCE OF DE-ESCALATION TRAINING IN A POST-LOCKDOWN WORLD

Tory Brownyard, Brownyard Group

In early April, three women physically attacked a security officer at a Macy’s in Palo Alto, California. When asked to return stolen goods the women punched the officer in the face and the head and assaulted him with pepper spray. Similar situations have become all too common for security professionals, particularly as people struggle to adapt to a new hybrid environment after two years of lockdowns, heightened stress and increased economic pressures. With this spike in aggressive behavior, security firms are faced with new challenges and risks involving the safety of their employees and the success of their business.

The Risks

Security professionals face risks every day. In hospitals, restaurants, airports, office parks and shopping malls, a normally calm situation can quickly escalate. When rising tensions and aggressive behavior are added into the equation, the risk to security firms and their employees can increase significantly. These risks can include: 

  • Employee Safety: Over the past two years security professionals were asked to take on new and added responsibilities, including asking for the vaccination status of members of the public attempting to enter certain facilities, enforcing mask mandates and limiting access to various venues or facilities. In some of these situations, members of the public directed their frustrations at security personnel tasked with ensuring their safety and the safety of others. In more than a few instances, these situations turned violent. 
  • Insurance Risks: From an insurance perspective, the biggest concern with aggressive behavior is the liability associated with bodily injury claims. if an officer is not trained to de-escalate a confrontational situation and the perpetrator turns to violence, a physical altercation can result. Similarly, if the officer is armed with a weapon (such as a firearm or baton) and pulls that weapon, these types of situations can quickly get out of control. If the perpetrator also has a weapon serious injury can occur, involving the perpetrator, security personnel and even innocent bystanders. In such situations, the claim might allege the officer used unnecessary force and could be sued for assault and battery. This is showcased in several recent lawsuits against the LA Dodgers for alleged assault, battery, false imprisonment, violation of civil rights and emotional distress by the team’s security force.
  • Reputational Damage: With increased use of and access to the internet over recent years, people can easily acquire video footage and photographs of altercations between security officers and perpetrators. Additionally, the internet has democratized access to editing software that allows situational embellishments, and even the creation of what are known as deep fake videos designed to alter the public’s perceptions of an issue or situation. This puts security firms and organizations at risk for reputational damage if footage, legitimate or otherwise, made it look like the security offer was the instigator in an act of violence. 

Finally, as in any state, California has specific rules, regulations and trainings that security officers need to be aware of. Security officers are required to physically witness an accused criminal conduct a misdemeanor before arresting them for said crime, leaving little room for error. There is also risk in not keeping up with such regulations. For instance, AB 229 is currently being debated as it seeks to change training requirements around use of force. If security professionals do not follow rules and regulations or keep up with important changes, they put themselves and their organization in jeopardy of compromising safety that can result in damaging litigation and costly fees and fines by the state. 

Managing the Risks

The risks outlined above can damage a security firm’s reputation and financial situation. They can also compromise staff retention if employee safety is compromised. Here are some tips security firms can take to help mitigate risks involved with aggressive behavior. 

  • Utilize de-escalation training: The most important tool in any security officer’s arsenal is de-escalation training. Experts can counsel security professionals on how to use proper body language, redirect or remove people from a situation, show empathy and more. Security firms should consider having such specialists work with their employees regularly to train new officers and review de-escalation tactics with seasoned officers. 
  • Be strategic about firearm usage: Before arming officers, security firms should discuss the implications of carrying firearms or other weapons. While security officers can carry firearms in California, it is only when they are on the job. If an officer were to use their weapon while off duty the security firm would be at risk for litigation. If arming officers, security firms should thoroughly screen all employees with background checks and psychological evaluations. Organizations should also consider utilizing firearm training, in addition to de-escalation training, to minimize misuse. At Brownyard we strongly counsel our insureds to weigh the benefits and drawbacks of arming employees. 
  • Follow all rules and regulations: As laws and regulations change, it is important to have the proper training and avoid fines and litigation. Joining a state association, like CALSAGA, can help security firms stay current with changes and new rules that result from state legislation. 

There is no guarantee a situation will stay calm, even with proper protocols and de-escalation training. Having insurance coverage is important to protect a business and its employees from litigation and financial fallout. While having coverage is important, having the right coverage can mean the difference between success and ruin. For many insurance companies that don’t specialize in the security industry, a standard general liability policy will have restricted language limiting assault and battery coverage to “reasonable force” while firms that specialize in the security industry will broaden this language to “physical force” and while the difference is subtle it does make a significant difference when de-escalation steps do not work and your firm is faced with an assault and battery claim. 

The past two years have increased tensions among the public and security guards alike. Local officials, business owners and even taxpayers have called for more work by private security, and such firms have been asked to take on new, unique responsibilities. While there is risk involved, these responsibilities can become opportunities for security firms with the right training and insurance protection in place.

 

Tory Brownyard, CPCU, is president of Brownyard Group, an insurance program administrator with specialty programs for select industry groups. In addition to his responsibilities as president, he currently spearheads the Brownguard® security guard insurance program.

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Aley Moyer

The Californian 2022 Q1 – USING SMART SCHEDULING IN YOUR JOB COSTING STRATEGY

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USING SMART SCHEDULING IN YOUR JOB COSTING STRATEGY

Gail Tutt, TEAM Software Business Consultant, Network Partner

Moving into the new year, it’s important to look at how you can strengthen your profit margins. Especially when other market factors (like ongoing labor and supply shortages) are carrying over into 2022. One tactic you can consider? Use scheduling, particularly smart scheduling, as a part of your job costing toolkit.

What’s smart scheduling?

In short, smart scheduling is a system that does the heavy lifting for you when it comes to your officer schedules. This means factoring in your contract needs against your available officers, so you can make data-backed decisions when posting officers to jobs based on criteria like qualifications or pay rate. 

One simple way to keep jobs profitable is to deploy smart scheduling early in the process. When scheduling, include a parameter search for available guards that fit within a job’s contract bill rate. That way, you know officers on shift are within the scope of what’s budgeted per job. (If you skip this step, wage creep could get ahead of you, and it can show in your expenses.) 

If this isn’t something you’re used to doing, start by using smart scheduling reports in your enterprise workforce management solution to examine your labor margin direct labor (DL) percentages. If you know a particular job should be performing at a DL of 60%, you can compare it against your actual percentages to see if a job’s material costs are performing higher or lower than budgeted. If it is higher, drill down into the report to identify the problem. Chances are, if there’s a problem with one job going over DL, it’s a problem across your business. Is a manager scheduling officers without factoring in pay scale? Are you scheduling officers for a shift when a different job is needing their certifications? Is wage creep pushing you over budget? 

If your job’s DL is lower than benchmarks, you can still dig into the data and see what processes you can repeat on other jobs. From there, it’s only a matter of adjusting and measuring outcomes. 

At TEAM, we recommend reviewing your DL percentages with regularity. Assuming schedules are updated daily, a good rule of thumb is to review at least weekly. That way, you can catch budget deviation before it comes a larger issue. 

Flexible scheduling to support smart scheduling. 

While software solutions can help automate your scheduling needs with smart scheduling, they improve scheduling in other ways, too.

Think of scheduling as a larger job costing strategy. Self-scheduling through a feature like a mobile job board can improve employee engagement. In turn, this can improve retention and even reduce high-cost activities like overtime.


Where smart scheduling helps identify officers who are the right fit for a given shift, self-scheduling helps empower officers to offer their shifts to others without needing to involve a scheduler or supervisor. Others can then pick up the open extra work, keeping shifts filled without needing to go back-and-forth with a manager.

Don’t forget to factor in compliance. If your scheduling solution allows it (and believe me, it should) configure criteria on your self-scheduling job board so only qualified employees can fill certain shifts. This helps support job costing by keeping direct labor expenses reasonable per job. 

Scheduling for profits — and retention.

Here’s a crazy idea: instead of filling gaps, consider creating them. I know — crazy — but hear me out.

Expand your current, labor-intensive scheduling processes to include self-scheduling. This reduces some of the manual work demands of your managerial staff and engages your officers to have a say in their own schedules.

I’ve heard of some security companies piloting scheduling programs that strategically leave a small percentage of the global work schedule unfilled. By hiring a portion of your workforce in a self-scheduling-only capacity, you can have a subset of officers set their own schedules by filling open shifts. This approaches the smart scheduling, and retention, strategy from a whole new angle.

For example, let’s examine an officer who’s decided to leave your company. They could be leaving to work a different job, but still be hoping to make some extra cash on the side. In the pilot program described above, that officer could choose to stay an active employee within the self-scheduling program, picking and choosing shifts that fit around their new work schedule.

Pros:

  • Your company doesn’t lose out on any investment you’ve put into their hiring.
  • The officer has a flexible avenue to earn extra money by choosing jobs from your available contracts.
  • If the officer ever chooses to return to working for you full-time, their employee records are still on file. This streamlines your rehire process and cuts out added hiring expenses.

 

Gail has spent over 35 years in the private sector as a senior level finance and operations manager across multiple industry. Most recently CFO of a regional security company in San Jose, CA, Gail now works providing invaluable insight and expertise as a business consultant with TEAM Software.  Her hobbies include breeding and showing standard wirehair dachshunds, hiking and spending time with her family.

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Aley Moyer

The Californian 2021 Q4 – 3 WAYS TO IMPROVE YOUR SECURITY SERVICES AND MAINTAIN YOUR COMPETITIVE EDGE

3 WAYS TO IMPROVE YOUR SECURITY SERVICES AND MAINTAIN YOUR COMPETITIVE EDGE

Tony Unfried, CSA360

Seeing as the majority of your competitors undoubtedly offer most, if not all of these services, the most pressing question you need to answer is: What are you doing to improve and make sure your security guard services are keeping pace in a competitive industry? 

Here are three can’t fail suggestions:

1. Maintain Top of Mind Security Offerings by Focusing on Delivery and Quality of Services Provided

A big mistake many security companies make is trying to be all things to all customers. Casting such a wide net not only makes it hard to stand out, but you may find that you’re not focusing attention on your core security strengths.   

It’s important to maintain top of mind security offerings to ensure longevity with your current and future clients. To do this, we recommend the following actions…

  • Ensure your security services meet the needs of your clients. 

Confirming there’s a perfect match between the services you offer and the needs of your clients sounds like an obvious exercise, but it’s worth a closer inspection. 

To ensure that you are offering the right services to meet client needs, ask yourself the following questions:

  • What industry are your current clients part of?
  • What physical security pain points are they trying to alleviate?
  • What level of security expertise does your current team have?
  • Do you have the capacity to expand your services?

The answers to these questions will help you discover your niche services and provide the specialized client support that will make you stand out.

  • Enhance services with improved processes and techniques. 

The combining of new technologies with traditional guard techniques is offering security companies the opportunity to offer enhanced security services. An example of this is remote guarding services, which combines tools like motion alarms and security cameras with random site patrols to provide a dual, and highly effective level of security. 

By continuing to implement enhanced practices, like remote guarding, security companies can improve their processes and techniques. This leads to a more impactful experience and successful partnership for clients. 

  • Provide incident management and proactive response.

Another area that is getting more attention is Incident Management & Responses. In the past, many security companies would run into the problem of being too reactive to incidents and risks instead taking a proactive approach. Utilizing an effective incident management program will keep you ahead of the game and in front of potentially dangerous situations.

2. Build a high-quality team of security guards

In an industry that experiences a high percentage of turnover – between 100% – 300% percent, according to the Service Employees International Union – building and retaining a high-quality team of security guards is imperative to success. To achieve this, we recommend the following…

  • Set high standards for your security team and ensure each guard you hire has the qualifications to meet those standards.
  • Invest in additional training to continue to develop your team’s security skills. This is key in building a strong security guard staff and utilizing client feedback is a great way to determine what type of training will benefit your guards and your firm.
  • Engage and motivate your security team to ensure that you retain them.  This can be achieved by providing competitive pay and implementing incentive programs. 
  • Perform surprise inspections. This gives you the opportunity to provide immediate feedback to resolve issues and/or recognize achievements.
3. Implement Security Operations Software to Take Your Services to the Next Level

While it may have taken the physical security service sector a bit longer, the digital transformation in this space is now in full swing. And the good news is the security operations software available today makes linking the physical and digital security realms easier than ever before. 

All this new security tech is strengthening overall security measures and also allowing the visitor experience to be better prioritized. But it’s important that you choose the software that is right for your firm. 

The security operations software that you choose should allow you to resolve any internal challenges while giving your team the ability to ensure sustained safety and mitigate risks. 

The most effective systems will have the modules and features needed to:

  • Manage risk associated with staffing gaps
  • Manage the staff you have more effectively and efficiently
  • Increase workforce accountability
  • Mitigate risk and liability
  • Implement proactive security procedures
  • Simplify guard tour management
  • Enhance guard communication and transparency
  • Provide comprehensive data analytics and reporting
  • Deploy targeted training to mitigate turnover
  • Increase security guard engagement and retention

At CSA360 Software, we take your security service needs seriously. Our all-in-one security operations management software gives you the tools you need to manage your security options in one place.

Tony Unfried, CEO of CSA360, holds a master’s degree in Public Affairs and Criminal Justice from Indiana University, where he graduated with honors. While enrolled in his master’s program, Tony worked for The TJX Companies, Inc., leading the region in loss prevention and moving the company toward technology use in Security. Tony went on to join the most significant security company in Indiana, managing more than 500 employees and 50 sites, including the Indiana Convention Center, Bankers Life Fieldhouse, and Ruoff Home Mortgage Music Center. Seeing a noticeable gap in technology use in the physical security sector, Tony created his first security software application, launched at the Super Bowl in 2012, and recognized twice for Excellence in Mobile Technology by Techpoint. Tony has also spoken on Tech in Physical Security on panels with ASIS and IAVM.

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Aley Moyer

The Californian 2021 Q4 – WORKERS’ COMPENSATION CLAIMS: HOW TO CHOOSE AN OCCUPATIONAL CLINIC

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WORKERS’ COMPENSATION CLAIMS: HOW TO CHOOSE AN OCCUPATIONAL CLINIC

Shaun Kelly, Tolman & Wiker, Preferred Broker

Hello to all and we hope everyone is doing well!

We have been assisting employers in managing Workers’ Compensation claims for many years. This includes First Aid claims, moderate injuries involving transitioning to light duty to get the employee back to work as soon as possible and assisting with very serious injuries. One part of the process in managing Workers’ Compensation claims that all employers should engage in, is choosing an occupational clinic that works best for you, the employee and the insurance carrier. A designated Occupational Clinic should be selected prior to any injuries. Including all team members handling Workers’ Compensation claims in this process is important. This should also include your insurance broker in order to assist you throughout the claim.

The clinic you choose is an important decision as it sets the tone for the rest of the claim. A well written discharge report will limit options while a poorly written report can leave the door open for further allegations and treatment. The clinic you choose should also help convey how your company cares about its employees.

Things to look for in a clinic:

  1. Look for a clinic who can see your employees during your work hours
  2. Look for a clinic who will keep copies of your job descriptions on file
  3. Look for a clinic who will use MRIs sparingly
  4. Look for a clinic who is responsive to employee needs and has a pleasant bedside manner

Before choosing a clinic you should schedule a time to visit. This will allow you to tour the clinic which will give you an idea of the average wait time, as well as meet some of the doctors. You may also ask the clinic to do an on-site visit of your facility. This will give the clinic a better idea as to what it is you do and what type of job duties your employees have as well as the physical demands of the job.

Things to ask during your visit to the clinic:

  1. What are their hours of operation? Are they open at night and on weekends?
  2. How many locations do they have?
  3. How do they handle return-to-work? Do they try to get injured employees back to modified duties as soon as possible? Do they send work status reports via email to employers as soon as possible? How descriptive do they get in writing work restrictions?
  4. How do they communicate with employers?
  5. Do they do pre-placement medical exams and physical abilities tests?
  6. Do they do drug screening?
  7. How do they handle red-flag cases?
  8. Do they have in-house specialists? Do they have in-house physical therapy, chiropractic services, or a pharmacy?
  9. How do they make sure the injured employee understands what is being told to them during the exam?
  10. Are their doctors bilingual? Do they have interpreters?

Please feel free to give us a call if you have any questions .

Shaun Kelly joined Tolman & Wiker Insurance Services in 2005.  He specializes in all lines of property and casualty insurance for industries including contract security firms, agriculture, construction, oil and gas. Shaun received a BS in Business Administration with a major in Finance from California State University in Fresno, California. He is an active member of several industry associations, including the Association CALSAGA, the Kern County Builders Exchange and the Independent Insurance Agents of Kern County. Shaun can be reached at 661-616-4700 or skelly@tolmanandwiker.com.

 

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Kate

The Californian 2021 Q3 – IMPROVING CONTRACT MANAGEMENT FOR BETTER BUSINESS STRATEGY

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IMPROVING CONTRACT MANAGEMENT FOR BETTER BUSINESS STRATEGY

Brandy Tomasek, TEAM Software, CALSAGA Network Partner

 

As a leader of a security company, managing your contract updates can become an incredibly daunting task, especially given today’s ever-changing environment. Not only are customers requesting more from your business in terms of the services you provide, but you’re also being required to monitor your service delivery to meet new and specific compliance standards. As contract management becomes more complicated, you’re simultaneously being asked to provide more visibility to your customers through business data and proof of service — a process multiplied by each dispersed job site spelled out in your contract agreements. 

As contract management evolves, one thing is clear. Your business strategy needs to evolve as well, namely in finding a way to leverage your technology so it’s working for you, not against you. Managing a contract across multiple platforms — or worse, through only paper-and-pencil processes — is tricky, messy and ultimately a drain on your resources. Even with regular communication to and from the field, you’re more likely to end up with answers that don’t line up across systems, discrepancies in how information is processed and assigned, and a loss of customer business. It’s important to use technology specifically designed for the needs of the security industry to counteract these dangers and better manage your contracts. 

Trainings, Licensures and Breaks

With your contracts, it’s important to make sure you have officers with the correct qualifications fulfilling the requirements of any given job, and that you’re providing fair and equitable hours whenever possible. Employees need to be onboarded thoroughly and appropriately with ongoing training and licensure requirements accurately tracked, so when a job does require specific certifications, you can fill those service-level agreement needs appropriately. When your officers are on duty, a holistic workforce management solution can monitor time worked against necessary compliance regulations, ensuring you accurately track time, including meal or rest breaks. This is especially important for instances when meal or rest breaks could theoretically be attributed to a different week due to how shift schedules fall, mistakenly resulting in more overtime expenses on your payroll. Without a software solution working to provide accurately, timely data to produce outputs, you’re relying on human subjectivity to manage minute details where error can result in headaches and liabilities for your company to handle down the road.  

Scheduling and Your Bottom Line

As a service contractor, labor costs are one of the biggest expenses narrowing your profit margins. Seemingly harmless scheduling gaffes, like an officer coming in early or staying late, can quickly add up in expenses your company is on the hook for but that you ultimately can’t bill to your customer. By eliminating manual processes from the scheduling equation, you can more accurately manage shift punches and rule out any de minimis time by setting up configurable default time and attendance settings. From a contract standpoint, this helps with cost attribution, while minimizing any back-office reconciliation work before payroll is due. Plus, a tool that monitors open posts, offers positions to employees and schedules based on compliance requirements (guard licensing, driver’s license, weapons permit, CPR training, etc.) ensures you’re still able to identify gaps in coverage, prevent pre-scheduled overtime and receive notifications if an officer doesn’t clock in for a shift. 

Communicating to Field-Based Officers

Manual back-and-forth communications can get the job done, but a software solution that provides communication to and from the field helps provide visibility to your security officers, supervisors and management. System notifications help identify things like gaps in coverage for contracts and better manage compliance requirements via messaging solutions. Plus, the ability to notify employees of open posts via push notification and SMS texting helps shorten the lead time of filling gaps in coverage and ensuring contract management. By tracking all communications within one system, executives have peace of mind — and a paper trail to refer to when reviewing contract fulfillment or queries from customers. 

The possibilities of software built specifically for the needs of the security industry are endless. Take advantage of tools that work for you to help manage your contracts. 

 

Brandy Tomasek joined TEAM Software in 2016. She’s a part of the Professional Services team, working as a Sr. Business Consultant. Prior to joining TEAM, Brandy earned a Bachelor’s degree in Management and Marketing, as well as her MBA in Organizational Leadership. Brandy’s professional experience spans a range of disciplines from management and leadership, to training and accounting. In her free time, Brandy enjoys spending time with her family, training their puppy and DIY everything.

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Aley Moyer

The Californian 2020 Q4 – WHAT YOU SHOULD KNOW ABOUT CALIFORNIA WORK BREAK LAWS

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WHAT YOU SHOULD KNOW ABOUT CALIFORNIA WORK BREAK LAWS 

Debbie Howlett, TrackTik, Network Partner

While many security companies recognize that hungry and tired security officers aren’t at their most productive, providing meal or rest breaks to employees isn’t universally required by law (though many employers do provide meal or rest breaks out of courtesy).  

It is well-known that the state of California has some of the strictest employment laws in the United States. And while a number of U.S. states do require employers to provide meal breaks or rest breaks, California is only one of a few states that require both. It also requires that security companies pay their officers for some of this time by offering both a meal break and paid rest breaks.  

Meal Breaks

California law requires that for every five hours a security officer has worked, security companies must provide a 30-minute meal break. However, companies do not have to pay for this time – meal breaks are unpaid. So if the officer only works six hours or less, they can waive the right to a meal break. Security officers who work ten hours are entitled to a second 30 meal break which is also unpaid. If the entire shift doesn’t exceed 12 hours, then an officer can waive the second break as long as the officer took the first break. Two breaks may not be waived in one day.  

Rest Breaks

California law also requires companies to provide rest breaks to their officers. For every four hours worked, security companies must provide a paid 10-minute rest break. Security officers who work less than three-and-a-half hours are generally not offered rest breaks. 

As with all legislation, compliance with California’s labor laws is critical for security organizations since a failure to comply can lead to costly labor claims, stiff penalties, and lawsuits. So staying compliant with meal and rest breaks requirements is critical.  

Recent Lawsuits

Here are two examples of the consequences of not complying with California Work Break Laws, although there are some exceptions to the laws like for private-sector emergency workers who need to be available during their entire shift. 

In 2019, a resort located in Rancho Palos Verdes settled a class-action lawsuit with its hotel workers for $2.1 million. The Terranea Resort failed to provide hotel employees with rest and meal breaks, as well as numerous other violations under California labor law. 

Also in 2019, McDonald’s agreed to pay $26 million to settle a 6-year old lawsuit that alleged it violated wage and hour laws by not granting meal and rest breaks for 38,000 workers at its California restaurants. While McDonald’s didn’t admit culpability in the lawsuit, it did agree to ensure employees get adequate breaks.  

Advanced Break Management

To address the complexity of California work break laws, security companies should look for a security workforce management solution that includes Advanced Break Management. This allows supervisors and managers to implement break rules and automate break management to ensure that employees take the right breaks at the right time. It also ensures that you remain in compliance with the strictest labor legislation in your jurisdiction.   

A good rule of thumb here is to choose a solution that enables multiple meal and rest break rules to be created instantaneously, and alerts so security officers are always aware of breaks for best performance. Other important features include an overview of guard break schedules, simplified scheduling according to positions rather than individuals, and break reminders and overriding features for changes and exceptions.  

Advanced break management gives security organizations peace of mind by making it easier to comply with California’s ever-changing break rules and legislation – and reduce legal and financial risk – while simultaneously increasing workforce flexibility and guard productivity.

Debbie is an experienced writer with a demonstrated history of working in the security industry. She is based in Montreal, Canada, with TrackTik—a dynamic and cutting-edge tech company that sells cloud-based security workforce management software.

Debbie Howlett 
Content Specialist 
TrackTik 

debbie.howlett@tracktik.com
Twitter: @TrackTik  

 

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Kate

The Californian 2019 Q2 – ESSENTIAL CONTRACT TERMS FOR YOUR SECURITY SERVICES AGREEMENTS

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ESSENTIAL CONTRACT TERMS FOR YOUR SECURITY SERVICES AGREEMENTS

Barry A. Bradley, Esq., Bradley & Gmelich, CALSAGA Network Partner

While recently teaching CALSAGA’s Security University course on contracts, it became clear that many of your service contracts with your clients are often missing some vital essential terms.  Without going into too much detail in this limited space, examine your contract template and see if they contain each of the following:

  • General Statement of Duties (Scope) Are your duties clear and defined both as to location, post responsibilities, hours, expectations, and especially limitations? Are your officers to use force? Are they just required to observe and report?
  • Term of Contract When does your service agreement expire? Will it automatically renew? Is termination addressed?
  • Price and Payment Terms Are all service hours defined and invoicing defined?
  • Attorney’s Fees If a dispute arises between you and your client (for example, for non-payment), does the prevailing party have a right to recover its reasonable attorney’s fees?
  • Disclaimers Are you making promises you shouldn’t?
  • Indemnification This is perhaps one of the most vital areas of your agreement. Is it in your favor, or are you giving up the farm?
  • Insurance Requirements Are you providing appropriate insurance coverage? Are you required to name your client as an Additional Insured? Are there exclusions that might apply for which you might not have coverage?
  • How Disputes are Resolved? In the event of a legal dispute with your client, where and how will it be addressed?

These are just a few of the necessary provisions that should be addressed in any of your service contracts.  There are additional areas that can protect your business, but at a minimum, you should make sure you have these basics.

LESSON LEARNED:  We all know it is better to use your own contract than one that is drafted by your client. Your basic template can and should fully protect your business.  However, when you must use your client’s contract, you can always negotiate before you enter into the agreement and try to ensure that some of these essential provisions are there that will protect your business.

Contact us to assist you in reviewing your contract template, or any agreements you might be asked to sign.  (Once you sign it, it’s too late to change things.)

Barry A. Bradley is the Managing Partner of Bradley & Gmelich LLP located in Glendale, California, where he heads up the firm’s Private Security Team and oversees the Employment and Business Teams at the firm.  A former Deputy District Attorney, Barry’s practice concentrates on representing business owners in employment, business and licensing issues, as well as defending litigated cases involving negligent security, employment and business related issues.  The firm acts as general counsel for many security companies in California.  Barry is the Legal Advisor to CALSAGA.

He has been conferred an AV-Preeminent Peer Rating by Martindale Hubbell, the highest rating attainable, and has been named a Southern California Super Lawyer for the past 14 consecutive years in the area of Business Litigation.  Barry is also the recipient of CALSAGA’s Security Professional Lifetime Achievement Award. bbradley@bglawyers.com  818-243-5200.

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Kate

The Californian 2019 Q1 – HOW TO CUT OPERATING COSTS FOR SECURITY BUSINESSES

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HOW TO CUT OPERATING COSTS FOR SECURITY BUSINESSES

Mark Folmer, CPP, Msyl, TrackTik

When you run your own security business, there are several important investments that help you provide quality service to your clients such as training for security guards, uniforms and equipment. However, with modern management options, you can streamline your business, cut costs, deliver quality service and keep your security business profitable. Here’s how you can cut operating costs by 35% and increase profits for your security business:

Improve Service with Tracking and Data Analysis

Security companies live and die based on their ability to provide quality service to their clients. Tracking key field processes and using data analysis to improve your security performance is vital for lasting success in the security industry. By using software to track the location of security agents in real time, you’ll be better prepared to contact the nearest available operatives when additional support is needed. As you improve your team’s incident response time, client satisfaction will increase, allowing you to retain clients and gain valuable testimonials for attracting new business. Digital reporting software can also make it easier to analyze patrol and incident-related data. By matching tracking data with guard-uploaded incident pictures, video, and written comments in a digital database, it becomes significantly easier to review information so you can make informed decisions for streamlining your field operations.

Track Business Intelligence Data

Leveraging data isn’t just important for improving your team’s fieldwork. And while different security companies may value different KPIs (key performance indicators), there’s no denying that one of your top priorities should be to optimize operations and maximize your return on investment with each client. Investing in good business intelligence technology is essential for your success. With business intelligence tools and smart analytics, it becomes easier to identify common profitability pitfalls, such as inefficient employees, a high guard turnover rate, or client sites with costly overtime expenses. When your software can quickly match your accounting and scheduling data against your KPIs, it becomes easier to identify areas where change is needed. With business intelligence data at your fingertips, you can gain a better understanding of your business’s direct costs, anticipate staffing and coverage needs, and identify trends that could be hurting your profitability. With better data, you can make smarter budgeting decisions for the future.

Save Time by Streamlining Back Office Administration

Serious security business entails a large amount of documentation in the handling of your security agent workforce. That means a lot of time spent on administration and office work, covering everything from scheduling to payroll. If you can streamline these necessary processes, your team can spend less time on mundane day-to-day tasks and concentrate their efforts on delivering quality security service. When computer programs calculate, you gain efficient, controlled data that is automatically tracked and reported. Alternatively, modern scheduling software allows you to input important data regarding client needs, guard availability and certifications, reduce unbillable overtime, avoid costly errors, and other factors to automatically generate future schedules that match the right guards to the right clients, at the right site. Automating these and other similar processes will save you time and money by helping you avoid human error in schedules, payroll reports, and other documents. In addition, these reports will give you greater understanding and control over your office operations, helping you identify ways to allocate funds towards optimizing security operations. And you’ll be closer to your goals of faster, better service.

Go Paperless!

Do you have stacks of paper piling up in your office? Incident reports, contracts, invoices, schedules, and other paper documents can add up quickly. Not only do the costs of paper and other printing supplies add up over time; you’ve likely experienced the workflow issues of misplaced or lost documentation at least once (per week…). Modern back office management software allows you to replace paper reporting by digitally distributing important information to your clients, suppliers, and employees. These streamlined reports will ensure that vital information is never lost in a stack of papers so you can keep your clients happy–which is ultimately your best way to stay profitable. With digital reporting software, important information can be sent to clients and guards alike via email, text message, or push notification, creating a digital dialogue that is easily tracked and managed. As you digitally track your field operations, automate select tasks, and use intelligent data, you’ll be better equipped than ever to improve your security business operations and increase your profitability.

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