Discover How to Reduce Turnover, Increase Engagement, and Retain Your Security Officers

Jeff DiDomenico, Trackforce Valiant + TrackTik, CALSAGA Network Partner

Around $11 billion is lost annually due to overall employee turnover, according to the Bureau of National Affairs. This isn’t only representative of the physical security industry, and that number considers more than just lost hours. It factors in the cost associated with finding, training, and equipping replacement workers as well as reduced productivity.

But nowhere is the issue of turnover more acute than in the physical security industry. High turnover rates, low retention, and low employee engagement have always been a challenge for security firms and corporate security departments alike. Today, the high turnover rate in the security guard industry is a key challenge almost all face.

Security officer and security guard turnover rates are thought to be over 100% annually. That means  the average private security firm has a completely new workforce every 12 months. And that high turnover has potentially immense consequences.

When short on personnel, the exposure to risk increases. This may lead to people getting hurt, businesses experiencing increased incidents of theft and vandalism, and an increase in stressful situations that quickly get out of hand, like a lost child, crowd control, or medical emergency.

It’s why it’s so necessary for security companies to do things like offer competitive wages for employees who put a lot at risk daily. This is one of many ways to help reduce churn in physical security roles as outlined in our guide.

In addition to speaking about wages, we cover common reasons for employee turnover and offer 10 ideas that can:

  •   Effectively help reduce your turnover rates,
  •   Increase employee engagement, and
  •   Retain your best physical security personnel.

Want to learn more? Download our latest guide, Top 10 Employee Retention Strategies for Security officers!

In 2000, Jeff joined Trackforce Valiant + TrackTik as a partner and took on the role of VP of Sales & Marketing. Before this, he successfully owned a computer supply company, which he later sold to OfficeMax. Throughout his tenure with Trackforce Valiant + TrackTik, Jeff has been dedicated to establishing the company as North America’s foremost provider of security management software.

In addition, Jeff has played a pivotal role in advancing the Valiant Partner Marketplace, the Security Executive Roadshow, and various client events. He is a frequent speaker at various security associations and is recognized as a leading figure and content curator in the security industry.

Moreover, Jeff also serves as the host and co-content creator of Thinkcurity, a dynamic platform revolutionizing education in the physical security industry. Through engaging content and profound thought leadership, Thinkcurity empowers individuals in all aspects of running a thriving security operation.

Remembering Roy Rahn

Kate Wallace, Association Manager

Longtime CALSAGA supporter Roy Rahn passed away in May. During his time with the association Roy served as Board Member, President and finally as Executive Director. Roy retired from the United States Naval Reserve as Commander and served eleven years in law enforcement. Roy was a recipient of CALSAGA’s highest honor, the Al Howenstein Lifetime Achievement Award. ASIS International awarded Roy with the Vincent L. Ruffolo Legislative Advocate Memorial Award in 2017 for his efforts to improve the private security profession. Roy is survived by his wife of many years Laurie, five children and grandchildren. He will be missed by many. “We appreciate Roy’s many years of service to CALSAGA and to the industry,” said CALSAGA President David Chandler. “He was a friend to a lot of people, and he was a gentleman to everyone.”

From left: CALSAGA President David Chandler, Roy Rahn, Legal Advisor Barry Bradley and Treasurer Mark Miller in 2017

How to Effectively Navigate Non-Exempt Employee Meal Break Compliance

Tavon Parris, Trackforce Valiant + TrackTik, CALSAGA Network Partner

It’s no secret that many states have strict laws related to employee meal breaks. In California, for example, employers must provide employees with an uninterrupted 30-minute meal break for every five hours worked.

But for employers looking to provide unpaid meal breaks to their non-exempt employees, compliance can be complicated. Subsequently, failure to comply can be costly. Why? Because merely scheduling an employee for a 30-minute meal break, without more, is simply not enough to ensure compliance.

It’s why employers must take proactive steps to ensure employees:

  • Take their full meal breaks
  • Are relieved of all duties
  • Are not impeded or discouraged from taking their full, uninterrupted meal breaks

But taking these steps is just the start. Additionally, employers should also collect and keep data they can use to prove compliance in case of a legal claim. And with technology transforming compliance opportunities for employers, a variety of tools can now be used to avoid being swept away in the wave of litigation involving meal break violations.

Dive deeper by getting your copy of Trackforce Valiant + TrackTik’s latest white paper. You’ll learn more about:

  • What employers can do to help ensure compliance
    • Appointing a meal break for at least 30 minutes for non-exempt employees
    • Adopting a down-to-the-minute timekeeping system
    • Ensuring no duties are performed during the meal period
    • And more!
  • What’s next for the future of break management
    • Remote workforce tracking
    • Harnessing data
    • Looking for data trends
    • And more!
  • How technology can be used to nail compliance in the years to come
    • What that means for your business
  • How to future-proof your business beyond meal break compliance

This content was written with the help of experts at Littler Mendelson, the largest labor and employment law firm in the United States.

Grab your copy today

Trackforce Valiant + TrackTik combines over 45 years of total experience with the brightest and most influential minds to provide its customers with the industry’s most comprehensive security workforce management solution. Our cloud-based solutions help corporations and security guard service providers handle every aspect of security workforce management.

Tavon Parris
706-960-8158

Deviating from SCOTUS, California Supreme Court Has the Last Word on PAGA

Jaimee K. Wellerstein, Esq.,  Gmelich + Wellerstein, CALSAGA Legal Advisor

On July 17, 2023, the California Supreme Court issued its long-awaited ruling in Adolph v. Uber Technologies, Inc. (Supreme Court Case No. S274671), holding that a Private Attorneys General Act (PAGA) plaintiff retains standing to litigate representative PAGA claims in court after the plaintiff’s individual PAGA claims have been ordered to arbitration. In so holding, the California Supreme Court ignored guidance from the U.S. Supreme Court in Viking River Cruises v. Moriana.

Background

Plaintiff Erik Adolph worked as a food delivery driver for defendant Uber Technologies, Inc. (Uber). As a condition of his employment, Adolph was bound by the arbitration provision in the company’s technology services agreement. The arbitration provision required Adolph to arbitrate almost all work-related claims.

The agreement also stated: “[t]o the extent permitted by law, you and Company agree not to bring a representative action on behalf of others under the [PAGA] in any court or in arbitration. This waiver shall be referred to as the `PAGA Waiver.'” The agreement also included a severability clause: “If the PAGA Waiver is found to be unenforceable or unlawful for any reason, (1) the unenforceable provision shall be severed from this Arbitration Provision; (2) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Provision or the Parties’ attempts to arbitrate any remaining claims on an individual basis pursuant to the Arbitration Provision; and (3) any representative actions brought under the PAGA must be litigated in a civil court of competent jurisdiction. . . .”

In 2019, Adolph sued Uber, alleging individual and class claims for relief, claiming that Uber had misclassified him and other employees as independent contractors rather than employees and, as a result, wrongfully failed to reimburse them for necessary business expenses. Adolph later amended his complaint to add a claim for civil penalties under PAGA based on the same theory of misclassification. The trial court granted a motion by Uber to compel arbitration of Adolph’s individual claims and dismissed Adolph’s class action claims.

Adolph filed a second amended complaint, eliminating his individual and class claims and retaining only his PAGA claim for civil penalties. Uber filed a second motion to compel arbitration of Adolph’s independent contractor status and the enforceability of the arbitration agreement. The trial court denied the motion, and Uber appealed.

Both the trial court and the Court of Appeal ruled not only that PAGA claims are not subject to arbitration but that “PAGA waivers” are unenforceable. Uber appealed to the California Supreme Court, but in the meantime, the U.S. Supreme Court issued a ruling that seemed to help employers in the uphill battle.

In June 2022, in Viking River Cruises, Inc. v. Moriana, the U.S. Supreme Court held that PAGA actions could be split into individual and non-individual representative claims through arbitration agreement, but the claims could not be simultaneously arbitrated and litigated in courts. The U.S. Supreme Court held that PAGA permits a plaintiff to maintain non-individual PAGA claims only if they also maintain an individual claim in the same action. In the U.S. Supreme Court’s view, PAGA’s statutory scheme provides no mechanism for a court to adjudicate representative PAGA claims when the individual claim is relegated to a separate proceeding. Consequently, the U.S. Supreme Court determined that while plaintiff’s individual PAGA claim could be arbitrated, the non-individual claims must be dismissed for lack of statutory standing.

Though Viking River appeared to be a victory for employers, the issue of standing under PAGA remained unsettled. In fact, Justice Sotomayor noted in her concurrence that “if this Court’s understanding of state law” as to statutory standing “is wrong, California courts, in an appropriate case, will have the last word.” And now, they have.

The California Supreme Court’s Decision

The California Supreme Court’s ruling in Adolph departs from the U.S. Supreme Court’s ruling in Viking River. In Adolph, the Court stated unanimously and unequivocally that “where a plaintiff has filed a PAGA action comprised of individual and non-individual claims, an order compelling arbitration of individual claims does not strip the plaintiff of standing to litigate non-individual claims in court.”

In rejecting Uber’s arguments, the Court made clear that the outcome of a PAGA plaintiff’s individual arbitration will determine issues of standing for the non-individual claims. If a plaintiff prevails on their individual claims in arbitration (i.e., proves at least one individual Labor Code violation), the plaintiff retains standing to litigate the non-individual claims in court. If, however, the plaintiff does not prevail on their individual claims in arbitration (i.e., is unable to prove at least one individual Labor Code violation), then the plaintiff will lose the ability to pursue the non-individual PAGA claim in court as the individual would not be considered an “aggrieved employee” and would lose standing to proceed with the non-individual action.

Can Employers Still Hope to End PAGA?

Although not unexpected, this decision forces employers to look somewhere other than the judiciary for possible reprieve. The “California Fair Pay and Employer Accountability Act of 2024” is a proposed ballot measure which proposes to repeal PAGA and replace it with increased DLSE enforcement. It has qualified for the November 2024 general election.

Employer Takeaway

In light of this ruling, wage and hour compliance (e.g., overtime, timekeeping, pay, meal period and rest break policies, premium pay, etc.) is more important than ever. Employers should consider utilizing or revising arbitration agreements to specifically comply with the recent laws. Employers are advised to consult with counsel to review pending litigation to determine whether arbitration of individual claims to potentially deprive PAGA plaintiffs of standing to pursue non-individual PAGA claims is a viable option. If you have any questions about how this case may affect your business or need assistance preparing compliant policies or revising your practices, please contact your attorneys at Bradley, Gmelich + Wellerstein LLP. We are here to help.

Jaimee K. Wellerstein, Esq. is a Partner and the firm’s Employment Team Head. Representing employers in all aspects of employment law, Ms. Wellerstein collaborates with her clients to develop proactive business and legal strategies to try to avoid workplace conflict and employment disputes. She provides legal advice and counsel to numerous businesses, including conducting individualized training programs for both management and employees. Ms. Wellerstein performs internal audits of her clients’ employment practices to ensure compliance with the rapidly-changing world of employment laws, and guides investigations of employee allegations regarding harassment, discrimination, and employee misconduct. When litigation cannot be avoided, Jaimee K. Wellerstein aggressively defends her clients against employment law claims in the state and federal courts, as well as at administrative hearings, arbitrations, and mediations. Having defended numerous representative and individual lawsuits on behalf of her clients, Ms. Wellerstein is a skilled litigator and negotiator with a broad spectrum of experience upon which to draw. A frequent speaker on numerous topics, including employment law and contract law, Ms. Wellerstein regularly conducts training seminars and programs for managers and employees in all areas of employment practices and policies.

REGULATION CORNER

David Chandler, CALSAGA President 

Do you have a copy of the certificate for Powers to Arrest training on file for all of your officers? If not, you are in violation of section 7583.6e2 of the Business and Professions Code. I encourage you to rectify the issue immediately. If a certificate cannot be obtained, it is recommended that you offer the PTA training to your officers so that a certificate may be generated. Don’t forget that the regulations are not satisfied until the officer has completed the Powers to Arrest test with a score of 100 percent.

CALSAGA member companies enjoy the benefit of unlimited access to the Security Officer Training Database. The database allows users to create certificates that are BSIS-approved and satisfy the certificate requirements established in the B&P Code. If you have questions about the database or to get started utilizing this Member Benefit, contact Association Manager Kate Wallace at kate@calsaga.org.

 

This content originally appeared in the Q4 2019 edition of The Californian: The Quarterly Newsletter of CALSAGA. Read past editions of The Californian: The Quarterly Newsletter of CALSAGA.

REGULATION CORNER

David Chandler, CALSAGA President 

As stated in section 7582.12 of the California Business and Professions Code, your license shall at all times be posted in a conspicuous place in the principal place of business of the licensee.

What constitutes a “conspicuous place?” The BSIS believes a conspicuous place to be a location that can be seen by the public when entering through the front door. This means that a license hanging in the hallway or posted in a lunch or break room is not compliant. If you are in violation, make sure that you rectify the situation as soon as possible! Each violation may carry a $250 fine.

 

This content originally appeared in the Q2 2019 edition of The Californian: The Quarterly Newsletter of CALSAGA. Read past editions of The Californian: The Quarterly Newsletter of CALSAGA.

REGULATION CORNER

David Chandler, CALSAGA President 

The California Code of Regulations is very specific concerning certificates for security officer training modules.

Division 7 of Title 16 Section 7583 of the California Code of Regulations: The certificate shall identify the course(s) taken, the number of hours of training provided, identification of the issuing entity, name of the individual and instructor and a date, and state that the course(s) comply with the Department of Consumer Affairs’ Skills Training Course for Security Guards. The certificate shall be serially numbered for tracking.

Please make sure that all certificates that you are accepting from employees and that you are issuing to officers comply with all requirements. Included as a benefit of membership, CALSAGA members have access to the CALSAGA Training Database. The database allows trainers to track officer’s training and to generate compliant certificates. Click here to learn more about the database and how you can get started using it today!

This content originally appeared in the Q2 2018 edition of The Californian: The Quarterly Newsletter of CALSAGA. Read past editions of The Californian: The Quarterly Newsletter of CALSAGA.

REGULATION CORNER

David Chandler, CALSAGA President 

  •  If you are currently operating your PPO as a Corporation, remember that you MUST notify the Bureau of a change of your corporate officers within 30 days. 7582.19 (a)
  • All new corporate officers, or new partners in a partnership, must submit a Personal Identification Form as well as a Live Scan (to CA DOJ) prior to any involvement in any operation related to security. The Bureau must approve before you can begin working with the corporation or partnership.  19 (b)
  •  In a General Partnership, if one of the partners leaves (disassociation for any reason) a NEW application must be submitted (due to the change in the general partnership). A new PPO number will be issued pending approval by the Bureau. 7582.23 ©
  • Please periodically check with the Secretary of State to confirm the information for your organization is the same as the Bureau has on file, including the address of record. Corporations must submit the names of the CEO, CFO and Secretary as well as any other corporate officer who will be active in the business to be licensed. 7582.7 (i)

This content originally appeared in the Q1 2018 edition of The Californian: The Quarterly Newsletter of CALSAGA. Read past editions of The Californian: The Quarterly Newsletter of CALSAGA.

Unlocking a Competitive Advantage

Jordan Wallach, Belfry Software, Associate Member

Standing out in the security guard industry requires strategy and follow-through. Here are areas we’ve found that companies often prioritize, but then fall short:

When operational fires arise, client relationships are the first to fall by the wayside. Our recent survey found that despite being part of their initial job description, Operations Managers spend less than 10% of their time in front of clients. They’re simply spending too much time tracking down personnel or managing a patchwork of tools.

Here, the power of modern technology solutions becomes evident. First, this could halve the time spent that Operations Managers spend scheduling and managing reports – creating space to focus on strategic work and client relationships. But an intelligent system also quantifies the value of your services – locking in renewals and assisting in difficult contract negotiations.

It’s also critical to empower your team. While companies invest heavily in training hours, time & money is wasted when officers are equipped with outdated tools. Providing user-friendly technology that feels just like the tech they use at home means happier employees and less time spent troubleshooting.

This is where Belfry fits in. Our industry-leading software is designed only for security guard services businesses – allowing your team to focus on what makes your company unique: strong client relationships and strategic thinking. With Belfry, it’s about more than just software; it’s about helping you make your mark in the competitive security landscape. Let us help unlock your company’s true potential.

Jordan Wallach is the Co-Founder and CEO of Belfry, the modern operating system for security guard services companies and a CALSAGA Member. Prior to founding Belfry, Jordan was a consultant at McKinsey & Company and a Product Manager at Microsoft, building software used by millions of people worldwide. He has a bachelor’s degree in Data Science from Stanford University.

TAKING CONTROL OF THE SITUATION: 

USE CASE FOR BODY-WORN CAMERAS AND VIDEO MANAGEMENT 

Jojo Tran, Telepath Corporation, CALSAGA Associate Member

Safety and accountability are critical elements of an effective workplace environment. Whether teaching in a classroom or managing security at a healthcare, every employee wants to feel safe and prepared in an emergency situation.

The body-worn camera makes this desire a reality. With devices now with full HD shift recording in 1080p, pre/post recording capabilities, and multiple ways to connect via Bluetooth and Wi-Fi, these devices provide footage of events as they occur.

AN ESSENTIAL TECHNOLOGY FOR SAFE SCHOOLS

Every day, school safety professionals face challenges and threats daily as they keep their communities safe.

Providing a real-time perspective during critical incidents when any action is required to protect students, teachers, or themselves is more important than ever. Body-worn cameras capture video and audio, providing accurate and disputable proof of incidents that occur on the grounds while strengthening the trust of the student body and the surrounding community.

Security process and share evidence with school administrators and local law enforcement.

Complying with policies and procedures on how footage should be stored, accessed, and viewed is a key to protecting students, right to privacy. Using video management with the body-worn camera and digital evidence management solutions enables you to do just that.

AN ESSENTIAL TECHNOLOGY FOR SAFER HEALTHCARE OPERATIONS

Security threats and acts of workplace violence in the healthcare industry are on the rise.

This not only undermines the safety of healthcare workers and their quality of patient care, but also places greater demand on healthcare security professionals. Equipping healthcare security with the tools they need to protect others and themselves is a vital part in mitigating workplace violence and creating a safer environment for healthcare operations.

Securely process and share evidence with local law enforcement.

Adherence to Health Insurance Portability and Accountability Act (HIPAA) laws and local privacy regulations dictating how footage should be accessed and viewed is key to safeguarding patients’ health information and right to privacy. Managing your videos and digital evidence solutions enables you to prepare, process, and share high-quality video evidence from your suite of body-worn cameras in a way that meets privacy regulations.

AN ESSENTIAL TECHNOLOGY FOR PROFESSIONAL SECURITY OPERATIONS

Workplace violence is rising, bringing more significant demands for security professionals.

Often on the first line in corporate offices, retail outlets, hospitals, and schools, they are responding to increased incidents of aggression. Those who don’t feel safe at work are more likely to leave the company, utilize employer health care services at a higher rate, or bring legal insurance claims against their employer when a safety incident occurs. Providing a security professional’s perspective of an incident when they must use force to protect themselves or the property, they are responsible for is more critical than ever.

Confidently process and share evidence with local law enforcement

Video footage from body-worn cameras can be securely offloaded to video manager systems. It can be accessed by authorized personnel by securely logging in from any computer or tablet connected to a network. It also provides capabilities to links for secure sharing with external agencies for seamless collaboration.

Body-worn cameras are designed for those security professionals who may encounter threats of violence.   These devices can feature rugged exteriors, full shift recording, and provide extended footage of events as they occur, allowing immediate response and providing indisputable evidence.

JoJo Tran is Chief Executive Officer of Telepath Corporation. Tran joined Telepath in 1990 and became CEO in September 2010. Previously, he headed several business units at Telepath, including mission critical infrastructure, customer service, sales and mobile team. Mr. Tran’s vision is to be the industry’s premier sales, service and program management company. Customers and partners will see Telepath as an integral to their success. Telepath will anticipate their needs and deliver on every commitment. People will be proud to work at Telepath. Telepath will create opportunities to achieve the extraordinary and will reward their success.