Human Resources Description

Kate

The Californian 2020 Q2 – SIX ESSENTIAL AND ADAPTABLE COMPLIANCE FORMS FOR SECURITY CONTRACTORS

SIX ESSENTIAL AND ADAPTABLE COMPLIANCE FORMS FOR SECURITY CONTRACTORS

Team Software, CALSAGA Network Partner

As a leader of a security company, you’re simultaneously tasked with keeping the public safe while also trying to safeguard your employees. That’s extra challenging when combined with a rapidly changing regulatory environment that’s constantly evolving with new health, safety and training requirements.

Navigating this isn’t simple. It requires tools and innovations that are flexible and adaptable and can be easily adopted into your business operations. We’ve compiled a list of essential field-focused forms to help you navigate through this time using our mobile workforce management tool, Lighthouse.

Employee Safety Training and Acknowledgment

A simple form communicating risks and protocols to employees and capturing acknowledgment and understanding of these protocols can safeguard your officers and mitigate risk.

What to include:

  • How to protect officers from exposure
  • Recommended Personal Protective Equipment (PPE) and instructions for use and disposal
  • What to do if close contact with an infected individual or area occurs
  • Acknowledgment of understanding

PPE for Law Enforcement

If you operate law enforcement operations with direct physical contact to other individuals and potential exposure to blood, bodily fluids or any other potential infectious materials, PPE and Hazard Communication standards apply. Smart forms can aid you in meeting the training requirements associated with these guidelines and tracking acknowledgement from your officers and employees.

What to include:

  • Minimum PPE recommendations and acknowledgment of receipt
  • Instructions for application and use of equipment
  • Instructions for disposal of equipment
  • Instructions if close contact occurred during apprehension
  • Acknowledgment of understanding

Visitor Screening Questionnaire

Security officers monitoring essential services sites that remain open during times of crisis are tasked with increasing screening responsibilities. In many cases, all visitors and entrants to the building must be screened. Forms can help streamline these visitor screening processes, ensuring standard execution by your officers and providing crucial reporting to your customers.

The basics in screening forms:
  • Visitor details like name, contact information and purpose of visit
  • Temperature
  • Exposure risk assessment
  • Instructions for permitted entries (i.e. sanitation and safety guidance)

Site/Building Assessments

These days, customers are asking their security contractors to be their eyes and ears across more functions, including for cleaning/contamination and management of other third-party contractors. Simple building inspection forms can help guide security officers through building inspections and provide an instant reporting service to your end-customers or their third-party contractors like janitorial and maintenance providers.

Potential assessment areas/criteria:
  • Building traffic (i.e. people passing through or congregating)
  • Safety or maintenance risks (i.e. spills, construction, alarms, etc.)
  • Known or likely presence of bodily fluid(s) / contamination risks
  • Suspected presence of infected individuals
  • Other site-specific variables (i.e. healthcare environments, transport hubs)

Incident Tracking

Whether it’s a vandalism or looting incident, an employee who has fallen ill, a site decontamination effort or maintenance follow-through, identifying issues, taking action and delivering accurate reporting to your customers is especially critical right now. Timely, transparent reporting builds confidence and drives customer loyalty, and reporting on incident response helps you better deploy and manage your resources and risk.

What to track and report:
  • Nature of the issue – categorize issues for standardized reporting and better analytics
  • Description — who, what, where, why and include photos whenever possible
  • Action taken
  • Resolution
  • Time to resolve

Creating standardized mobile forms can provide critical information and training, improve transparency to your customers, drive new revenue streams and safeguard your business against risk by demonstrating and proving good business practices. And, leveraging workforce management technology, like Lighthouse, to get these kinds of forms to the right people at the right time can help you stay in control during times of uncertainty. To read more about adaptable compliance forms for security contractors, visit the TEAM Software blog.

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Kate

The Californian 2019 Q3 – EMPLOYERS: IS YOUR GROOMING POLICY DISCRIMINATORY?

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EMPLOYERS: IS YOUR GROOMING POLICY DISCRIMINATORY?

Jaimee K. Wellerstein, Esq. & Annette M. Barber, Esq., Bradley & Gmelich LLP

On July 3, 2019, California became the first state to ban discrimination against natural hair, including afros, braids, twists, and dreadlocks. Introduced by Sen. Holly J. Mitchell, Senate Bill 188 (SB 188) aims to “Create a Respectful and Open Workplace for Natural Hair” (the CROWN Act) by clarifying that traits historically associated with race, such as hair texture and hairstyle, be protected from discrimination in the workplace and schools. Governor Gavin Newsom signed Senate Bill 188 (SB 188), thereby amending the California Fair Employment and Housing Act (FEHA) and the California Education Code. The new law becomes effective January 1, 2020.

SB 188 will ensure protection against discrimination in the workplace based on hairstyles by prohibiting employers from enforcing grooming policies that disproportionately impact persons of color.  SB 188 is more far-reaching than prior protections. While anti-discrimination laws presently protect an employee’s choice to wear an afro, afros are not the only presentation of natural Black hair.

LESSON LEARNED:

California employers should review their grooming policies to determine if they are racially neutral, or if changes need to be made to ensure that racially associated hairstyles such as afros, braids, locks (dreadlocks) and twists, are not prohibited.  Also, employers should ensure that managers and supervisors, especially those involved in the hiring process, are trained to comply with this new requirement.

Taking adverse employment action against an applicant or an employee based on a racially associated hairstyle could subject employers to liability for race discrimination.  Client preference will not be a feasible defense to prohibiting these soon-to-be protected natural hairstyles. Employers are advised to start planning now to ensure their policies and practices are in place by the January 1, 2020 implementation date.

Contact us to assist in reviewing your anti-discrimination, grooming, or any other employment policies or procedures.  (Once you’re sued for race discrimination, changing your policies won’t help.)

 

Jaimee K. Wellerstein is a Partner at Bradley & Gmelich 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@bglawyers.com / 818-243-5200.

 

Annette M. Barber is Special Counsel on Bradley & Gmelich LLP’s Employment Team.  She represents clients providing employment advice and counsel in all aspects of hiring, performance management, training, compensation, and termination. Annette spent the past 17 years working with a global security company of 100,000 U.S. employees as an employment law attorney and then as Corporate Vice President directing HR Compliance nationwide for all 50 states, Puerto Rico and Guam.

Annette drafts and revises policies, handbooks, and extensive training materials for the firm’s clients. She provides workplace trainings, as well as workplace investigations. She is a member of the Association of Workplace Investigators, numerous bar associations and employment law sections.  abarber@bglawyers.com / 818-243-5200.

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Kate

The Californian 2019 Q3 – HOW TO GET THAT BETTER JOB

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HOW TO GET THAT BETTER JOB

Mark Folmer, TrackTik

Security means different things for different people.  Ultimately, all definitions are correct because the sense of security is personal: where I feel secure, someone else may not and vice versa. As many definitions as there are for security there are different roles in frontline security.

You are reading this because you are part of the security community. Below is some food for thought as you consider your spot in the security world. If you have decided to be a part of it, it is important to understand where you fit, what you do, and how that contributes to the overall security plan of where you are assigned. The function that you are filling means that people or other assets will be secure, but you are not alone: you have tools and you contribute value.

  1. Persona consideration: comprehending what your “persona” is looking for in a role in security both if you’re looking to move on to the next role within the profession or outside of it is an essential first step. Answering the following questions will help point you in the direction of a role that makes sense for you:
    • What sort of training do you want/need?
    • What does risk mean for you?
    • What is your tolerance to risk?
    • Do you like interacting with people?
    • Would you rather work alone?
    • Where do you want to go?
  1. Tech saavy: expectations in security are such so that the company that you work for delivers more than “just a person at a site”. A Deloitte study revealed that 47% of companies are currently going digital. This entails that frontline personnel, essential in delivering on services- reporting incidents in real-time, actioning on post orders, etc. – need to understand the “whats” and the “whys” behind technology. As you spot your next role, ask yourself and the recruiter what the technology stack will look like:
    • Will you have the tools you need to do the job properly?
    • How will you be scheduled?
    • How do you go about finding what work is available?
    • How can you match as closely as possible the desired hours that you want to work with your actual hours worked?
  1. Learning: knowing what role is a fit for you and what the tools of the trade are is important, but considering what new information you need to learn to secure or even progress in your current position is key too:
    • Are there technical abilities that you need (i.e. first aid, physical security information management systems)?
    • Where can you get that knowledge? Is the training offered “on the job”? If so, is it structured?
    • Will you get certification or acknowledgement of any sort once it’s complete?
    • Does the company value me having that knowledge?
    • Is the knowledge transferable? Are the skills that I am learning useable for other clients, sites, or sectors?

Earlier in my career, I decided to join ASIS International in order to learn the business of security more closely. There, it became obvious to me that in order to achieve my goals as a security professional, I would need to obtain certification. Nowadays, there are many more offered than “just” the CPP (Certified Protection Professional): the PSP (Physical Security Professional), the PCI (Professional Certified Investigator), and the APP (Association Protection Professional, the latest being brand new and perfect for novices to the field of security.

Takeaways:

  • As an industry there are numerous opportunities that can be tailored to fit your needs.
  • To come up with a professional roadmap, considering the question of whether you are in it for a limited time or a long time is crucial: the answer to that questions and how you optimise your time accordingly are up to you.

Be clear about what you want to do, understand the environment, what motivates you, and take the opportunities that come up.

 

Named to IFSEC’s Global Influencers list 2018 for Security Thought Leadership, Mark is a business school graduate, CPP and Member of The Security Institute (MSyI). Mark’s background is in security services, corporate security, consulting and workforce software. A graduate of Concordia University in HR Management and International Business, he progressed to several senior management roles responsible for security business units across Canada, including serving as the Senior Manager for Corporate Security at Canada’s largest telecommunications company. He launched a consulting business focused on physical security for corporate clients, and has been teaching part-time at the Université de Montréal since 2016. Currently, Mark is the Vice-President, Security and Industry, in the software scaleup TrackTik, and volunteers as SRVP Region 6, Chair of the Security Services Council, the Private Security Officer Standard Technical Committee, and the Private Security Company (PSC.1) working group.

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Kate

The Californian 2019 Q2 – HIRING, TRAINING, & EMPLOYEE ENGAGEMENT

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HIRING, TRAINING, & EMPLOYEE ENGAGEMENT

Chris Anderson, Silvertrac Software  

Business owners in the security industry all have one major problem in common: hiring good employees. The traditional way of hiring through speed and convenience often leads to trouble. Resulting in uninspired employees who quit, get fired, or hurt your company’s reputation.

Companies today separate hiring, training, and employee management. Then spend endless days, weeks, months — not to mention resources — trying to figure out why they can’t find good officers.

This focus is understandable. Owners wear many hats, are strapped for time, and struggle to find balance in their day-to-day work. But what we’ve found over the past 10 years in the security industry is clear.

To see success, you need to look at your business as one well-rounded, well-oiled machine.

This may come as a shock, but it’s important to have good hiring techniques. Good techniques lead to more motivated employees who commit to better training programs. They empower employees to go above and beyond their job roles. And how can you forget the time (and money) you save with a strong process in place.

The result? A successful, well-oiled operation with happier clients, more bids, and more secure contracts.

Below we’ll talk about past lessons we’ve learned, and how they’ve helped security companies like yours build long-term success.

First, what’s your current hiring process? If you’re like most small-to-midsize security companies, you constantly spin your wheels to hire officers. Time is never on your side. You need to fill posts fast and as painless as possible, because every other part of your business demands attention. So how can you put any thought into who you hire?

Remember, these officers represent you and your company. You need to trust and depend on them. That’s why we promote one way to hire officers: Slow Down!

One big reason we say “Slow Down” is because you need more loyal employees. Slowing down your hiring process helps assure candidates are a good fit for your company. You want to know if this person agrees with your work ethic and values. If they are reliable and trustworthy.

A framework like this puts the right people on your team. Which in turn creates a hard-working and motivating environment new hires want to be a part of. Companies who slow down see less hirer’s remorse, lower turnover, and better employee performance.

Second, supervisors play a key role in maintaining this environment, as well as keeping your business running smooth. They are your trusted side-kick. The ones responsible for officers when you’re not around. The way you hire them is how they will hire and manage officers, too. Making our case for hiring slow even more evident to run a top-notch security operation.

Influential supervisors are the next step to building a well-rounded security operation. Officers look to supervisors as mentors, conflict managers, company-messenger, and coach. So when you hire a supervisor who sees eye-to-eye with your values and goals, you set an example for everyone else. It gives them the power to build a strong team, gain officers respect, and make officers more receptive to feedback and training.

Another big challenge you face as a security team is an officer’s lack of motivation and drive. Luckily, it’s something you can change. The steps we discuss will give your team the platform needed to build an empowering culture.

For example, you may have noticed we continue to use the term “officer” versus “guard”. We do this because “officer” gives off a level of professionalism for employees to fulfill. “Guard” is something of lesser status.

Combine solid hiring processes, influential supervisors, and the job title of “Officer”, and what do you get? A foundation where your employees feel they can grow professionally and personally. A place people actually want to work. And a new culture of learning and leadership.

This is something the security industry is notorious for not doing. But the results are undeniable, and it’s radically changing the way we hire and manage officers.

So once you create this new culture, it’s your responsibility to uphold it. Bringing us to your last step: to provide on-going training opportunities for your team.

Training is thought to be a one and done thing  —  it’s not. It’s an on-going program that includes workshops, on-the-job-training, classes, and more. This allows you to strengthen skills, reduce weak links in the company, and bring everyone to a higher level, so they all have the same knowledge.

Not all training programs are alike, however. We find that great training programs look at three things first: company needs, quality instructors and materials, and training metrics.

Then, the different points of training in the program. This includes basic onboarding, yearly training, self-education, OTJ training with field supervision, and testing. If you don’t test employees, how can you know if your training is effective or not? A complete program helps you determine employee strengths and weaknesses. So you can offer personalized and effective materials for them to be successful.

It’s important to use a variety of training techniques in your program. For example, we recommend the KISS method for onboarding — Keep It Simple Stupid. New hires know little about your procedures and expectations. KISS gives them a good introduction to your company, and the fundamentals they need to succeed. Since everything is laid out beforehand, supervisors don’t have to spend time on the same, avoidable conflicts over and over again.

Educated and happy employees make for a more productive and successful environment. Wouldn’t you agree?

Some security owners complain that hiring and training requirements force them to focus on quick results. But in most cases, it’s actually a failure of process, not the task itself. Owners who focus on slowing down and finding the right fit for their business stand the greatest chance of hiring good officers.

The ultimate goal is to take a step back and see how all these aspects of your business work together. Once you do that, the rest will fall into place. Your team will operate at levels you have never seen. Your clients will be happier than they have ever been, and more contracts will be coming your way. It’s a win-win-win.

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Kate

The Californian 2019 Q2 – ON-CALL AND CALL-IN SHIFTS REQUIRE PAYMENT OF WAGES

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ON-CALL AND CALL-IN SHIFTS REQUIRE PAYMENT OF WAGES

Jaimee K. Wellerstein, Esq., Bradley & Gmelich, CALSAGA Network Partner

A sales clerk brought a putative wage and hour class action against his employer, Tilly’s, alleging that store employees were due reporting time pay for on-call shifts or call-in shifts in which employees were required to contact the stores two hours before the start of their shift to determine whether they were needed.  The sales clerk argued that having to be on a tether to determine if he should have to report is the same as being under the employer’s control and should be compensated as reporting time.

The employer argued that on-call scheduling is not what triggers the Wage Order reporting time pay requirements, but rather when they actually report physically to work.  In Ward v. Tilly’s, Inc., 31 Cal. App. 5th 1167 (2/4/2019), the Court of Appeal sided with the employees and held that if an employer directs employees to present themselves for work by telephoning the store two hours prior to the start of a shift, then the Wage Order’s reporting time requirement is triggered by the telephonic contact.

Reporting time pay is one-half of the scheduled shift and, in any case, not less than 2-hours of pay at straight time. (See, IWC Wage Order No. 4, section 5.)

LESSON LEARNED:  Although the On-Call or the Call-In models are not typically used in the security industry, if you do, be aware that each employee is deemed to be under the employer’s control while they are waiting to see if they will be needed.  As such, reporting time wages are required to be paid.

Jaimee K. Wellerstein is a Partner at Bradley & Gmelich 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 Hubbel, the highest peer rating available. jwellerstein@bglawyers.com 818-243-5200.

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Kate

The Californian 2019 Q2 – 3 HIGH-VALUE QUALITIES OF LEADERSHIP YOU NEED NOW MORE THAN EVER

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3 HIGH-VALUE QUALITIES OF LEADERSHIP YOU NEED NOW MORE THAN EVER

Anne L. Laguzza, M.A., The Works Consulting

There are many contradictions about what leadership is and the qualities needed to be an effective leader. From below looking up, leadership appears to be a form of dictatorship.

One person presides over a larger group of people. That group must follow the directions of the leader or suffer the consequences.

True, healthy leadership doesn’t align with this structure. Instead, the framework for healthy leadership embodies three high-value qualities.

Leadership Defined:

The position or function of a leader, a person who guides or directs a group.

Notice how this definition does not say who is in charge nor does it mention title or rank. It does not mention serving authority, most skilled, loudest, tenured, or aggressive person. It only says the person who guides or directs the group.

This is great news because it means that a leader may present themselves anywhere in an organization. It also means that what matters most is the guidance a person provides not the title or pay grade they hold.

So what are the three high-value qualities embodied by someone skilled at guiding and directing others? How can you embrace them to level up your leadership ability?

High-value #1: Commitment.

With commitment, an individual knows that regardless of how they feel they will do what needs to get done. No matter what.

For example, think about a time when you committed to something significant and you didn’t want to let anyone down. You found reserves of energy, creativity, and resiliency you may not have known you had to fulfill your commitment.

High-value #2: Courage.

Courage because there will be conflicts that need immediate resolution. Conflict is inevitable and can be a healthy part of team development. Only a strong leader will face them head on to seek resolution.

Someone lacking courage will more often than not find a way to delegate, delay or defer. That of course is not leadership at all, even though it may occur more often than it should.

High-value #3: Discipline.

In today’s world discipline has become somewhat of a profane word. What comes to mind when hearing the word is either a drill sergeant or a parent disciplining a child.

While both examples make sense, the discipline of leadership is not punishment focused. Discipline is simple, do what is right not what is easy.

Discipline glues commitment to courage, for the purpose of attaining a meaningful end goal. This combination eliminates excuses and justifications leaving only the example of how to lead.

Commitment, courage, and discipline are also the high-value qualities that separate great from good. These powerful qualities take someone with mediocre skills and give them the ability to influence, guide, and achieve.

These high-value qualities are a powerful contradiction to what so many think leadership is. From those doing the ordering to those who accept those orders. Contrary to how it looks from the outside, leadership is not the many holding up the presiding few.

Leadership is the few who step up to uplift those they guide.

It is those who commit not quit. Who show courage not cowardice. Who choose discipline over comfort. Those are the ones showing the high-value qualities demanded of leadership now more than ever.

Anne Laguzza is the President of The Works Consulting. As a seasoned business executive with human resources management, leadership development, and performance coaching experience, Anne works with clients from a variety of industries to develop better systems, maximize employee productivity, and enable management to focus on business growth.

Prior to founding The Works Consulting in 2001, Anne served as the Regional Human Resources Director for a Fortune 500 distribution company where she led a merger transition team and was responsible for strategic planning, implementing new policies and procedures, workforce restructuring, compensation structures, and integrating the work cultures for over 600 employees.

In addition, Anne was formerly the Human Resources and Training Director for a start-up entertainment company where she organized and implemented a company-wide change management program that involved new company direction and strategic planning. Prior to her work in the entertainment industry, Anne served as the Regional Training Manager for a nationwide retailer where she developed and launched a multi-state training program for human resources managers as part of a corporate expansion project.

Anne earned her Master of Arts degree in Organizational Management from Antioch University, and holds a Bachelor of Arts degree in Psychology from the University of California, Riverside. She is an active member of the Society of Human Resources Management, and is a board member for Harbor Interfaith Services and an advisory board member for Arthritis National Research Foundation. Anne has taught human resources and management courses at Long Beach City College and California State University, Dominguez Hills, and volunteers at non-profit organizations teaching interviewing skills to adults seeking re-entry into the workforce.

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Kate

The Californian 2019 Q1 – AN INSURANCE GUIDE: THE MINDSET OF AN UNDERWRITER IN THE PRIVATE SECURITY INDUSTRY

AN INSURANCE GUIDE: THE MINDSET OF AN UNDERWRITER IN THE PRIVATE SECURITY INDUSTRY

Blair Brownyard, Brownyard Programs

To the business world, insurance is a necessary evil. However, with insurance costs increasing each year, many security companies would go naked, if their clients didn’t insist that they carry insurance. No doubt after your latest renewal increase, this seems like a reasonable proposition. To minimize your next rate increase, here is the mindset of an insurance underwriter who is asked to underwrite and price the liability insurance of a private security company.

With most products, you know what the cost is when they are sold. Not so with insurance products; an insurance company doesn’t know how much their product costs until 5-10 years after they have sold it. And that’s why the pricing of liability insurance is so unpredictable. To give themselves an edge in predicting how much they pay in claims versus how much they received in premiums, insurance companies develop underwriting guidelines/criteria/signposts, which are supposed to help them determine the probability of losses with a specific type of insured to help them make a profit. The four basics of underwriting guidelines are:

  • Prior Loss/Claim Experience
  • Type of Operations
  • Company Management and Sophistication
  • Contract Language
  1. Prior Loss/Claim Experience

This is one of the most critical elements in underwriting a company. Review your current claims through your insurance broker and be aware of your current claim expenses and reserves annually. A poor claim history has a big impact on your premium costs. A poor claim history is due to a number of factors, some of which can be avoided based on the factors below.

  1. Types of Operations

Different clients will bring different risk to your company because many types of operations have historically brought more likelihood of claims. Your large contract with a fast food chain could be enticing for the money but may result in adverse loss experience and a higher insurance premium. Conversely, a gated community client may help reduce your underwriting factors to the carrier, thus decreasing your premiums. Here is a general list of high risk operations that create higher than average premiums. The locations of these operations are also a big factor – the higher the crime in the area, the higher the risk:

  • Anywhere alcohol is served or sold
  • Crowd control at stadiums, events, or concerts
  • Low-income housing
  • Fast food chains
  • Schools
  • Movie Theaters or Malls
  1. Company Management and Sophistication

Underwriting will typically look at a number of factors relating to how well the company is run from a management perspective. Here are three items that help decide how well the company operates.

Screening, Training, and Supervision

Insurance companies look to the business practice of a company in their requirements for education, training, and supervision of employees. This varies across states and the industry as a whole. The 2018 28-member ASIS standards and guidelines commission has decided there would only be guidelines suggested within the industry and not a set industry standard for all to achieve. With regard to underwriting, underwriters will still look for the highest required guidelines in the industry and rate the company to those suggested guidelines.

Pay Scale and Benefits Given to Employees

Offering higher pay attracts higher qualified, better trained applicants. This translates to smarter, more qualified employees who perform better. And if the company provides health, life, or pension/profit sharing plans, this makes for a more satisfied and healthier employee who is less likely to act negligently or file frivolous workers comp or employee practices claims.

What is the Education/Background of the Principals

Experience in private security, law enforcement, or military, etc. as well as involvement in security management training through organizations like ASIS International or other business programs are positive impacts on the operations of the company and show underwriters an ability of management to overcome obstacles.

  1. Contract Language

Insurance companies may look at your contracts to see how you are protecting yourself in the event of a claim. Unfortunately, your Clients, the Public, and sometimes even the courts think guard companies are deep pockets to cover losses in the event of personal injury. This is attempted by clients in two ways:

  • Indemnification Agreements
  • Additional Insured language

INDEMNIFICATION AGREEMENTS

In construction or service contracts, a hold-harmless or indemnity agreement will be included in the general contractor’s contract to the subcontractor. In order for your security company to limit claim expense and payments, the clause should not include the liability and mistakes of anyone except your own employees. The larger property managers/owners force many broad form indemnity agreements on the security companies for a deep pocket in the event of any accidents on premises. The good news in California is that an indemnity clause for your client’s sole or willful acts is void by public policy. However, be aware, many will still try to pass it through in their contracts.

Additional Insured LANGUAGE

Closely related to indemnity agreements discussed above, additional insured endorsements are used to increase the obligation of your company to defend and indemnify the owner. This indemnity is usually confirmed to them by a certificate of insurance. Your underwriter will be asked to approve additional insured endorsements for many companies by contract. But as parties requested have less and less relation to the contract, the underwriter will likely question the need for such an endorsement. Any additional insured and indemnity requests need to be scrutinized here to limit the exposure for claims. Like all contracts and RFPs, it is advised to have counsel review these clauses to ensure your client is not trying to shift a disproportionate amount of risk to your company.

 

All factors discussed above are the basics for all underwriting in the security industry. Many might dive deeper into data on location of operations or screening processes. And many might try to look at seemingly unrelated issues. This is all part of the investigative process to ensure the risk is being adequately evaluated for claim potential. This is not an exact science, maybe someday we will have exact predictions of claims, but we are not there yet. It is important to note that security risks are high-severity risks and not high-frequency; e.g. many companies can go decades without one liability claim and then get hit with a monster claim. That is the nature of a security risk; a very unpredictable nature. For now, the underwriting process is a moving target for all carriers, and security companies will be best served by building a trusting, open relationship with a reliable carrier who truly understands their industry.

 

Blair Brownyard has been the VP of Brownyard Programs, Ltd. and has worked exclusively with the security industry for the past 8 years. He has a J.D. from Touro Law in Central Islip, NY. Brownyard Programs, Ltd. has underwritten the security industry for the past 25 years and was purchased by Crum & Forster Insurance in 2015 to join forces with the other oldest name in security insurance, CoverX Specialty. Together, Brownyard Programs and the experienced team rebranded as Crum & Forster Specialty, have a suite of innovative products and services to grow with the security industry into the next generation.

This information contained herein is provided for information purposes only and is not intended to be a representation of coverage that may exist in any particular situation under a policy issued by one of the companies within Crum & Forster. All conditions of coverage, terms, and limitations are defined and provided for in the policy. This information is intended for use as a guideline and is not intended as, nor does it constitute, legal or professional advice. In no event will Crum & Forster or any of its affiliates be liable in any manner to anyone who has access to or uses this information.

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Kate

THE CALIFORNIAN 2018 Q4 – SB 1343 EMPLOYER ALERT – NEW SEXUAL HARASSMENT PREVENTION TRAINING REQUIREMENTS

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SB 1343 EMPLOYER ALERT – NEW SEXUAL HARASSMENT PREVENTION TRAINING REQUIREMENTS

Shaun Kelly, Tolman & Wiker, CALSAGA Preferred Broker

With the changes that are happening in society regarding the “Me too” movement and the subsequent litigation surrounding the allegations, it does not surprise me that California legislators passed Senate Bill 1343, effective January 1, 2019.

The current law requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment, abusive conduct, and harassment based upon gender, as specified, to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified.

The new law reduces the 50 employee trigger and now requires an employer who employs 5 or more employees, including temporary or seasonal employees, to provide at least 2 hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all nonsupervisory employees by January 1, 2020, and once every 2 years thereafter, as specified.

Here is a brief summary of the new bill:

1. All employers with 5 or more employees, including temporary or seasonal, must provide all employees in a supervisory role a minimum of 2hrs of sexual harassment training (this does not include bullying, which is required and is in addition to the minimum 2hr requirement).

2. All employers with 5 or more employees, including temporary or seasonal, must provide all employees in a NON supervisory role a minimum of 1hr of sexual harassment training.

3. The period in which this is to be accomplished is 1/1/2020, if the employee is currently employed.
a. for new employees in supervisory or non supervisory positions, the training must be conducted at time of hire or within 6 months of hire
b. for employees entering a new, supervisorial role, the training must be conducted within 6 months of their new role
c. for temporary, seasonal or employees hired to work less than 6 months, the training must be conducted within 30 days of hire or 100 hours worked, whichever occurs first.

4. Training for both the minimum 2 hour training for supervisors and the minimum 1 hour training for non-supervisory employees must continue every 2 years, thereafter.

5. Post-training documentation must be retained for 10 years, irrespective of the employee’s employment status with the company.

6. The bill also requires DFEH (dept. of fair employment and housing) to develop or obtain and post 1hr and 2hr online courses. An employer will have the option to conduct online training or classroom setting training.

7. All employers must make sure that their sexual harassment policy is in line with the current policy revision of 04/01/2016.

8. The new sexual harassment policy requirements which went into effect on 04/01/16 in part require that you discuss your policy at time of hire and or during a new hire orientation.

9. Another requirement is that you provide each employee with a copy of your policy with an acknowledgement form for them to sign stating that they have received, read and understand your policy.

10. An often overlooked regulation that took effect in 2018 requires that employers display a poster regarding transgender rights prepared by the California Department of Fair Employment and Housing.Below is a link to more details of SB 1343:

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1343

If you have any questions, please do not hesitate to contact us.

 

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 2018 Q3 – FEELING THAT CANNABIS HIGH

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FEELING THAT CANNABIS HIGH

by Stephan P. Hyun, Esq.

 

Starting on January 1, 2018, cannabis-related business activity became legalized in California, resulting in a lot of questions about the opportunities that have now become presented.  We as legal counsel often get asked:  Should I do business with a cannabis company?  What should I look out for?  How do I protect myself?  After all, this legalization affects both the licensed cannabis businesses themselves as well as the businesses who do business with them.

Here are important issues that we frequently deal with in protecting our clients who want to start doing business with a cannabis company.

1) Typically in contracts, there are provisions that say how the agreement will be governed and interpreted, as well as where any claims can be brought.  Having these provisions properly drafted can be ‘life-savers’ because while cannabis is legal in California, it is not legal federal-wide.  Also since California has enacted additional protections to ensure that the contract can be enforced under California law, adding certain clauses and language in your contract can allow California courts to determine that your contract is valid and enforceable.  This will help you in instances when the cannabis business your dealing with is not upholding their end of the bargain.

2) We advise our clients to put into the agreement ways in which you can terminate or suspend your services immediately without any notice.  When advising our clients and drafting their contracts, we take into account the possibility of the federal government investigating or prosecuting cannabis activity even in states where it’s ‘legal’.

3) Our firm has negotiated key provisions to be incorporated into cannabis security service contracts.  One of the provisions that we insist be carved out is about when the cannabis business will defend you and cover your losses if the federal government comes after you for being seen as facilitating/assisting a cannabis business.

4) In the agreements we have worked on, we want to ensure our clients are protected by eliminating consequential damages.  Consequential damages are damages that go beyond the contract itself and flow from some type of failure in adhering to the contract.  Consequential damages in a cannabis-related situation would be the loss of the cannabis product that may have been stolen, or the cannabis company’s lost profits as a result of the security officer failing to show up at the dispensary on time.  For our clients, we advise them to limit their exposure, and draft contracts to meet that end.

5) Because many banks do not want to deal with cannabis businesses, cannabis businesses frequently pay in cash.  We counsel our clients to be wary of the temptation to be paid in cash.  By accepting cash, you could be accused of money laundering by the federal government.  Further, federal prosecutors may be suspicious that you are not simply a security services provider, but rather a pawn in the cannabis company’s scheme to hide where the money is truly coming from.  Certainly, this is unwanted attention for your business.

Recommendation:  We recommend that you get ahead of the ball and be proactive in preparing separate cannabis security service agreements, different from your standard contracts.  That way you lead in the negotiations for your services versus the other way around.  By understanding the intricacies and interplay between federal and state cannabis law, you will be able to fully capture this new opportunity and better protect yourself from this emerging cannabis high.

 

Stephan P. Hyun is an associate attorney at Bradley & Gmelich LLP, where he represents clients in a variety of business litigation and general liability matters, with a focus on providing legal counsel in business transactions and contracts, as well as business formation/development.  His practice also extends to handling licensing and compliance issues for both private security and cannabis industries.  He recently presented on the topic of Cannabis in California at the CALSAGA conference.  shyun@bglawyers.com  /  818-243-5200.

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Kate

THE CALIFORNIAN 2018 Q2 – PERFECTING THE PRE-HIRE PROCESS

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PERFECTING THE PRE-HIRE PROCESS

Kwantek Team

For 15 years, Kwantek has served the recruiting needs of thousands of companies across the nation. Most of our clients have a need to fill low-paying, hourly jobs. They use our applicant tracking software to post these jobs en masse across multiple job boards and take advantage of our seamless onboarding process once hired.

A natural byproduct of these types of these jobs is poor employee retention. After monitoring the pre and post-hire process for over 1,000,000 security and building services jobs, we’ve been able to identify three critical pieces of data for these industries that directly correlate retention back to the interview process:

1) 50% of scheduled interviews will ever show up for the interview.

2) Over 90% of interviewees are offered jobs in the interview process.

3) Over 40% of new hires make it past 30 days of employment.

In this five-part blog series, we will discuss the critical stages of the pre-hire process and how you can make simple adjustments that will help you reduce your retention rate.

Blog #1: Who’s Interviewing Who? A Counter-Intuitive Approach to the Hiring Process

Blog #2: The Most Important Person in the Interview Process

Blog #3: The True Goal of the Phone Screen

Blog #4: How to Modify Your Job Application to Increase Applicant Volume

Blog #5: Mastering Messaging in Your Recruiting Process

Perfecting the Pre-Hire Process Webinar

If you’ve found this series helpful, we invite you to watch a replay of our webinar where we went even more in-depth on each phase of the pre-hire process. Join our CEO, Collie King, as he dissects each stage of the applicant funnel to help you identify which parts of the process you need to improve.

In the webinar, you’ll learn:

  1. How to leverage your pre-hire process as a key strategy in scaling your business.
  2. Which numbers to track in your pre-hire process and why.
  3. How to build trust with applicants and make them want to work for you.
  4. How to generate more applicants, more interviews, and more accepted offers.
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