Aley Moyer

The Californian Q3 2023 – The Secure 2.0 Act of 2022

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The Secure 2.0 Act of 2022

Nina De Forge, TEAM Software by WorkWave, CALSAGA Network Partner

In a move that could have a huge impact on employee morale, retention and recruitment,  President Joseph R. Biden signed the Secure 2.0 Act of 2022 into law to change the tax rules that apply to employer-provided retirement.

This new legislation is designed to encourage workers to save more for their future retirement and improve retirement savings opportunities. Some of the provisions already took effect on Jan. 1, 2023, while others take effect at the beginning of next year and into 2025. In total, there are 92 retirement-saving provisions, which include the following key benefits:

  • Automatic enrollment, automatic escalation
  • Catch-up contribution increases
  • Optional Roth treatment of employer contributions
  • Expanded eligibility for long-term, part-time employees
  • Treatment of student loan payments for matching contributions
  • Emergency savings accounts linked to retirement plans
  • Saver’s match, immediate incentives for participation
  • Expanded credit for retirement plan administrative costs

The Secure Act 2.0 also requires that employers make significant adjustments for their workers, which may need extensive IRS and DOL guidance. Additional IRS guidance is expected in late August or early September, based on findings from the open comment period.

Ensuring that staffers are informed of all the changes and know what actions are required of them will most likely require assistance from third-party administrators, pre-approved sponsor plan documents and updates to policies and administrative systems.

Increasing Administrative Responsibilities

Because of the retirement plan reform, business owners may have to take on heavier administrative burdens that could require more time and energy in terms of human resource departments.

Employers can also expect increased responsibilities in terms of keeping employee data up to date, as well as providing a series of communications updating payroll providers and third-party plan administrators.

Consult With Plan Administrators

Even though a significant number of the SECURE 2.0 Act provisions will take some time before they’re actually effective, as a business owner, there’s a few steps that you can take to make sure you’re prepared.

Businesses can begin to sponsor an employee retirement savings plan now, as opposed to waiting. The current labor market is particularly competitive in a number of areas – and the same is true in regards to financial advice or tax services. Also, applying available tax credits can offset some start-up costs, which makes this a great time to take action.

Educate Your Workforce

For business owners, a more robust retirement plan program will mean creating new educational resources or making significant updates to the learning tools already available to employees. Training may be necessary for companies who will have to comply with new regulations, since technology is available to help equip workers with the tools that they need to take advantage of newly available tax benefits.

Naturally, it may also be necessary to educate staffers on the changes to the retirement system as a whole. Participants and beneficiaries may wish to update their estate plans to account for differences in the amount and timing of retirement plan distributions.

Speak to Your Software Provider

If you use an integrated workforce management or ERP system to manage your human resources department, benefits and payroll activities, know that there is a plan in place for feature enhancements to cover new regulation requirements, such as automatic enrollment.

Learn more about available human resource tools by visiting teamsoftware.com or click the following link to set up a demo: Learn More.

Nina has 20 years of experience developing, managing and implementing applications with a focus on tax filing, payroll, benefits administration, and human capital. For the past 5 years, she has been working as a product owner at TEAM Software by WorkWave, where she combines her depth of knowledge and collaborative style with like minded product innovators.

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Aley Moyer

The Californian Q3 2023 – The Value of Data, Analysis and Exception-Based Reporting

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The Value of Data, Analysis and Exception-Based Reporting

Josh Petro, TEAM Software by WorkWave, CALSAGA Network Partner

Security businesses are often faced with this common data challenge: they possess a wealth of information but struggle to extract meaningful insights from it. Without that meaning, data is simply a collection of numbers on a page, leaving decision makers without concrete evidence, trends or patterns to help inform their next steps forward.

It’s important to be able to leverage the power of reporting and data analysis to transform raw information into actionable knowledge that provides business value. But doing so is easier said than done – especially when you’re already stretched thin by the demands of your business.

To help, I’m sharing key approaches to data management and analysis every security company should consider when striving to become more data-driven.

Exception-based reporting: Focusing attention and taking action

What does it mean to monitor by exception? Simply this: instead of closely monitoring every aspect of a process or operation, you set parameters or rules to identify and flag anomalies, irregularities, or significant deviations from expected outcomes. Instead of always monitoring everything and all at once, exception-based reporting operates in the background of your system, offering insights when issues need to be addressed.

In the security industry, a key exception you might experience is a missed shift or no-show by a guard. In this example, an exception-based monitoring system can compare scheduled shifts with actual attendance records or clock-in data. That way, if an expected timekeeping activity is not recorded within a specific time frame, the system will trigger an alert or notification, highlighting the exception. Think of it like this: you don’t need to see a report or receive a notification every time someone clocks in – that’s business as usual. You want to know when something isn’t going to plan so you can fix it before it becomes an issue.

This kind of reporting is key in helping security companies proactively manage their workforce, speed up incident response, minimize disruptions and maintain a high level of service delivery.

Data analysis: Extracting value from big data

The words “big data” are often used to describe a situation when organizations have access to vast amounts of information. When you’re dealing with large volumes of data, it’s especially important to have effective strategies in place to analyze and gain meaningful information from it.

One approach to accomplishing this is through the methodology of tiered reporting. Tiered reporting provides a structured approach to organizing data by using tiers. This allows for easy access and retrieval of specific data sets, making it simpler to identify relevant information for analysis. Tiered reporting also enables businesses to create user-specific reports tailored to the needs of different individuals and departments, based on the tiers of information that matter to them. This helps ensure the right people are able to make informed decisions based on their specific roles and needs.

Tiered reporting supports an exception-based approach, as businesses can establish KPIs – key performance indicators that can serve as benchmarks for your business performance – for each tier. When tracking these KPIs against predefined metrics, you can enhance your performance monitoring and identify areas for improvement.

Visualizing data with dashboards and business intelligence

Effective data visualization is essential for understanding complex information at a glance.

Dashboards provide an intuitive and user-friendly interface to monitor KPIs, trends and outliers. Through customizable visual representations – like charts and graphs – different stakeholders can gain insights into the health of their department or the business as a whole. It’s also important to be able to automate the sharing of these enterprise data reports with users on a schedule. That way, stakeholders can monitor data on a consistent cadence, increasing their ability to spot variances and make adjustments when needed.

Even within the same industry, though, every security business is unique. As you approach data visualization, ensure the tools you are using to do it can accommodate customized reports and analysis models based on your specific needs. In some cases, this may mean working with a tool with a separate business intelligence module that helps you look at your data in the way you want to look at it – and in a way that tells a clear story.

The future of data analysis and predictive analytics

As technology continues to evolve, the field of data analysis is on the brink of even more advancements. Predictive technologies are gaining momentum, with automation and artificial intelligence playing a significant role in how companies will be looking at – and interpreting – their data.

Even with these advancements, every security company needs an integrated workforce management solution that can first gather and record your operational and back-office data in an accurate way, promote shared data across all team members and then interpret those findings to achieve sustainable growth. Without this, you’ll be stuck in a never-ending cycle of looking at numbers – and only numbers – on a page.

To learn more about implementing a data-driven strategy into your security business, visit teamsoftware.com.

Josh has been supporting customers for over a decade. After working as a Product Manager for over three years, he moved into a director role at the beginning of 2023, where he has continued to express his passion for crafting products that truly enrich the lives of others.

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Aley Moyer

The Californian Q3 2023 – Cal/OSHA Employer Reporting Requirements for Work-Related Fatalities & Severe Injuries

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Cal/OSHA Employer Reporting Requirements for Work-Related Fatalities & Severe Injuries

Shaun Kelly, Tolman & Wiker, CALSAGA Preferred Broker

Hope everyone is doing well and coping with the extreme heat we are experiencing. (Please remember to educate and train your employees on heat illness and injury prevention).

This article is to inform you about your responsibilities as employers to report Work-Related Fatalities and Severe Injuries to Cal/OSHA. This is a requirement of all employers and must be reported within 8 hours of your knowledge of serious injury or illness. Failure to report within 8 hours of acknowledgement may result in a minimum penalty of $5,000.

Who has jurisdiction over California Employers, Cal/OSHA or OSHA (Fed)?

Cal/OSHA has jurisdiction over almost every workplace in California. This means Cal/OSHA is the main government agency authorized to inspect California workplaces for occupational safety and health violations. Cal/OSHA also issues permits, licenses, certifications and registrations to ensure that work is performed safely.

Cal/OSHA lacks jurisdiction in only a few limited areas. Some of these areas are listed below. (DISCLAIMER: This list of areas outside Cal/OSHA jurisdiction is not a definitive, exhaustive list. There are exceptions to the list and other areas not listed. If you have a question about Cal/OSHA jurisdiction, please contact the Cal/OSHA Legal Unit at 510-286-7348.)

Federal Occupational Safety and Health Administration (OSHA) jurisdiction

Federal OSHA has jurisdiction with regard to the following:

  • United States Government employees;
  • United States Postal Service (USPS) contractors and contractor-operated facilities engaged in USPS mail operations;
  • Private sector employers within the borders of all U.S. military installations;
  • Private sector employers within the borders of all U.S. national parks, national monuments, national memorials, and national recreation areas;
  • Private sector and tribal employers within the borders of all U.S. Government-recognized Native American reservations and trusts lands;
  • Maritime employment (except marine construction, which Cal/OSHA covers on bridges and on shore) on the navigable3 waters of the United States. Maritime employment includes:
    1. Longshore operations on all vessels from the shore side of the means of access to the vessels.
    2. Shipbuilding, shipbreaking, and ship repair on vessels afloat; shipbuilding, shipbreaking, and ship repair in graving docks or dry docks; ship repair and shipbreaking done on marine railways or similar conveyances used to haul vessels out of the water. This includes ship repair activities from a scaffold or other equipment adjacent to the ship that allows employees direct access to perform work on the vessel.
    3. Floating fuel operations.
    4. Diving from vessels afloat on navigable waters.

Cal/OSHA Definition of Serious Injury or Illness

With regard to reporting to Cal/OSHA, a serious injury or illness is now defined as one involving:

  • inpatient hospitalization, regardless of length of time, for other than medical observation or diagnostic testing;
  • amputation;
  • loss of an eye; or
  • serious degree of permanent disfigurement.

Accidents that result in serious injury or illness, or death that occur in a construction zone on a public street or highway are now included by statute. Work-related injuries, illnesses and deaths caused by the commission of a Penal Code violation are no longer excluded from the definition of “serious injury or illness”.

A serious exposure is now defined as an exposure to a hazardous substance that occurs as a result of an incident, accident, emergency, or exposure over time and is in a degree or amount sufficient to create a realistic possibility that death or serious physical harm in the future could result from the actual hazard created by the exposure.

Reporting Requirements

  • Every employer shall report immediately to the Division of Occupational Safety and Heath any serious injury, illness or death, of an employee occurring in a place of employment or in connection with any employment. The report shall be made by the telephone or through a specified online mechanism established by the Division for this purpose. Until the Division such mechanisms available, the report may be made by telephone or email.
  • Immediately means as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness. If the employer can demonstrate that exigent circumstances exist, the time frame for the report may be made no longer than 24 hours after the incident.
  • Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury, or illness, or death occurs, the nearest office of the Division of Occupational Safety and Health shall be notified by telephone immediately by the responding agency.
  • When making such report, the reporting party shall include the following information, if available:
  1. Time and date of accident.
  2. Employer’s name, address and telephone number.
  3. Name and job title, or badge number of person reporting the accident.
  4. Address of site of accident or event.
  5. Name of person to contact at site of accident.
  6. Name and address of injured employee(s).
  7. Nature of injury.
  8. Location of where injured employee(s) was (were) moved to.
  9. List and identity of other law enforcement agencies present at the site of accident.
  10. Description of accident and whether the accident scene or instrumentality has been altered.
  • The above reporting requirements is in addition to any other reports required by law and may be made by any person authorized by the employers, state, county, or local agencies to make such reports.

The well-being and protection of your employees is a priority. Effective implementation and training on your safety policies and procedures help to prevent workplace injuries and illnesses, however not allaccidents can be prevented. Having the proper procedures in place after an accident is just as important to mitigate the injury or illness for your employee’s well-being.

Take care and please be safe.

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 2023 Q2: Discover How to Reduce Turnover, Increase Engagement, and Retain Your Security Officers

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

Tavon Parris, 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 that 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. This is one of many ways to help reduce churn in a role that can ask employees to risk their lives, as outlined in our guide.  

In addition to speaking about wages, we go over 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? 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
tavon.parris@tracktik.com
706-960-8158
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Kate

The Californian 2023 Q2: Top 3 Areas to Improve Your Hiring Funnel

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Top 3 Areas to Improve Your Hiring Funnel

Maddie Anders, TEAM Software by WorkWave, CALSAGA Network Partner

Consider the two different versions of the labor market.

First, there’s a candidate-driven market, where applicants have more power in determining where and what conditions they’ll accept working amongst. There are often more attempts at negotiations, especially with wages and benefits, and it can be harder to position yourself as an employer of choice as many markets are competing for the same pool of workers.

Second, there’s an employer’s market, where there is less flexibility for negotiations from the stance of an employer because the rate of unemployed persons per job opening is high.

Although economic factors may suggest the labor market is changing, the fact is we’re still operating in a candidate-driven market. To position yourself as an employer of choice and attract more quality candidates to your open roles, you have to do what you can to improve efficiency, enhance the customer experience and deliver measurable KPIs to your company’s bottom line.

Improved efficiency

In today’s highly competitive job market, organizations need to ensure that they have a streamlined recruitment process that can attract, hire and onboard top talent efficiently.

But what does efficiency really look like? In your hiring funnel, it should mean you’re able to get the right people in the right jobs at the right time and for the least amount of resources.

The first step in achieving this is to integrate applicant tracking, hiring and onboarding systems. With an integrated system, recruiters and hiring managers can manage the entire hiring funnel from a single platform. This includes posting job openings, reviewing resumes, scheduling interviews, checking references and onboarding new hires. It means removing paper-based documentation and filing systems for compliant and secure data storage and sharing. And, it means doing it all in a way that is repeatable.

Despite hiring significantly more than the national average, the net sum of workers in the security industry isn’t substantially increasing due to the amount of turnover. In proprietary data from TEAM Software by WorkWave and included in our recent data report, we’ve found that a security company must hire approximately 108 applicants a year, just to maintain an average

annual headcount of 100 employees. Knowing the demand for security guards is and will remain high, it’s critical to establish proven integrated recruitment processes that can be easily replicated again and again.

Enhanced candidate experience

Another key benefit of integrated recruitment systems is the enhanced candidate experience.

An integrated recruiting system can provide a seamless experience that enhances the employer brand and helps attract top talent. For example, you can streamline your recruitment requirements to only request critical criteria in the application process, instead of requiring page-long resumes and applications – and still capture the necessary information you need to begin screening. Even better, offer text-to-apply application formats, which reduce the barriers of application completion for prospective candidates in your industry. When a candidate applies for a job, they can receive automated responses acknowledging receipt of their application, including via text.

During the interview process, recruiters can use the system to schedule interviews, send reminders and follow up with candidates quickly. Once hired, you can collect necessary new-hire and onboarding documentation with easy digital methods, instead of sending supervisors to chase down employees at job sites.

Data-driven KPIs

Arguably the best benefit of an integrated recruiting system is the measurable results it contributes to your bottom line. TEAM Software’s own applicant tracking, hiring and onboarding system, for example, enables users to hire an average 42% faster than the national average. That equals 15 days of time savings gained back during the hiring process alone. This is a critical metric to consider when knowing that contract coverage depends on available employees to cover shifts.

It’s also important to look at your back-end processes and see where efficiencies can be gained. Ask yourself these questions: How much effort is going into tracking applications, reviewing work history and resumes, screening candidates, running background checks and moving new hires into onboarding? Of that time being spent, where could your back-office team’s efforts be redirected to contribute even more to the company’s bottom line? Could you be hiring even more applicants?

With TEAM Software’s ATS, hiring and onboarding software, clients report 60% savings of time spent on hiring activities.

Learn more about measurable results service contractors are achieving in their hiring process at teamsoftware.com.

Maddie started her career in the global banking industry as an Applications Programmer prior to joining TEAM Software by WorkWave. After working as a Quality Analyst, Maddie transitioned to Product Owner, where she combines her passion for problem solving with the guidance of product strategy to bring forward enhancements that add value to users while driving future innovations.

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Kate

The Californian 2023 Q2: Nationwide Communication is Trending with Law Enforcement, Security & Specialized Units

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Nationwide Communication is Trending with Law Enforcement, Security & Specialized Units

We live in a data-driven world where agencies and private security increasingly expect data to flood through theirnetworks at optimum speeds to do their jobs better, smarter, and faster. Today, 75% of the workplace is said to be themillennial generation (1), and many believe that millennial workers are addicted to the “instant gratification”phenomenon. This is a generation that grew up with texting, instant messaging, social media, and more, all at theirservice to deliver information in an instant. As the speed of our data-driven world continues to increase, so are theexpectations of workers whose jobs rely on instant data-driven communications.

While the idea of instant push-to-talk communications has been around since 1933 when a New Jersey police department operated the first Land Mobile Radio (LMR) system, this new data-hungry workforce continues to push thereliability and speed of their communication system. But the need for speed simply isn’t enough in an increasingly mobile world …

According to a recent Gallup study, 43% of employees reported working offsite at least at some point during theircareers compared to 30% just 4 years earlier (2). With this increasingly mobile workforce that can now work anywherebeyond the office, an instant communication solution to support these requirements is simply non- negotiable. In aMotorola Solutions Communications Survey, 64% of workers stated it is important to have instant, nationwidecommunication at their workplace (3).

Today you can get the best of both worlds with instant two-way radio communication features at a nationwide scale.By connecting existing Land Mobile Radio (LMR) systems and smartphones, the LTE Broadband radio, extendspush-to-talk benefits for all team members, whether they’re on the same job site or across the country.

PRIVATE SECURITY:

INSTANT COMMUNICATION WHEN IT’S NEEDED MOST

Security personnel can use one device anywhere.

  • Communicate critical encrypted communication instantly with team members across the country at the push of a button.
  • Bridge multiple facilities and operations without needing to set up or maintain complicated infrastructure.
  • Connect with teams regardless of their network, on existing LMR devices to smartphones, and more.
  • Fast-track security operations with a nationwide push-to-talk network that powers the quickest setup, programchanges, and connectivity.
  • Even the freshest new hire can pick up the device and immediately share information with the rest of the team.

Perhaps no industry requires instant communication more than security, where safety often depends on split second decisions.

  1. Key Statistics About Millennials in the Workplace, Mark Emmons
  2. America’s Coming Workplace: Home Alone, Annamarie Mann, and Amy Adkins
  3. 2019 Motorola Solutions Communications

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.

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Kate

The Californian 2023 Q2: Balancing Ops and Back-Office Resources for Profitable Growth

Balancing Ops and Back-Office Resources for Profitable Growth

Lindsay Uleman, TEAM Software, CALSAGA Network Partner

The security industry is one of the most critical, essential and rapidly evolving sectors in the world. With a market size already over $54 billion and expected growth in the years to come, security companies should be positioning their businesses to best win new business and scale services to match growth projections.

To do this, you must first have a clear understanding of potential roadblocks in your management of field operations and the correlating resources built into your back office. Once you overcome these barriers, you can move towards more nuanced elements of winning more business and scaling revenue-driven business growth.

Managing your field officers – better
The fact of the matter is that a growing business needs technologies and processes to keep pace with their growth. That means having a system that can accurately:
? Record and track timekeeping including nuanced needs like meal and rest breaks
? Ensure the right officer is assigned to the right contract based on compliance needs and qualifications
? Keep up with scheduling changes, including no-shows, tardiness and supervisors standing post
? Provide a system for clear incident management and resolution
? Improve proof of service tracking and reporting on work being completed in the field

The truth is, many security companies are still trying to achieve these standards using spreadsheets or hard-copy documentation. Others may have implemented a specific software solution for each bullet point, resulting in manual data manipulation and inaccurate data reference points.

The technologies you use to support your business can just as easily stall growth than support it. What may have worked for your business in the past might not be scalable as you’re taking on more contracts (and hiring more employees to execute on them).

Take the time to make sure you have the right framework in place to support your growing workforce with effective timekeeping, scheduling, service delivery and reporting processes. Doing so now will reduce rework – or needing to start from scratch – years down the road when your clients may walk away from you because of it.

Building an effective back office at scale
As many security companies secure bids and hire officers to meet those specific SLAs, many are finding themselves having to commensurately increase the resources they’re putting into their back office to keep pace.

That’s not sustainable. If you’re constantly increasing your operations and back-office at a 1:1 growth rate, the revenue gained from new contracts will constantly be allocated to cover your growing overhead. Essentially, that just means everyone is doing more work without much to show for it.

Instead, invest in solutions that reduce the amount of time your back-office teams are spending on manual tasks related to payroll, HR, accounting and reconciliation. It’s even better if your solution can take the data that’s already been collected from the field – especially time keeping records – and funnel that downstream to inform client invoicing and issuing accurate payroll.

When looking for a system that can do these things, keep an eye out for:
? Automated workflows
? Shared data
? Inform employee and customer self service portals
? Support integrated accounting
? Reduce liability
? Support compliance
? Cut back on manual work

There will always be a need for back-office management and support. But when given the right tools, your existing teams should be able to complete more work at scale no matter your company’s growth rate.

Achieving a balanced ratio
With the growing market, there’s no reason you can’t scoop up available market share in the years to come – as long as you have the right systems in place.

Enterprise software solutions can help in balancing the needs of both your field-based officers and your back office. With appropriate resource allocation, you can maintain a growth trajectory that is profitable and scalable no matter what lies ahead.

Learn more about striking the right balance with your team. Watch this video case study on achieving scalable growth without growing support staff at teamsoftware.com.

With TEAM Software by WorkWave since 2018, Lindsay assists customers improve processes to achieve strategic goals by engaging, collaborating and supporting streamlining efforts. Prior to TEAM Software, Lindsay earned a Bachelor’s degree in Business Administration, Marketing and Management along with several years of professional experience including various client engagement and administration roles.

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Kate

The Californian 2023 Q2: Confidentiality of Settlement Agreements Obliterated by the NLRB

Confidentiality of Settlement Agreements Obliterated by the NLRB

For decades, employers have comfortably included confidentiality provisions in settlement and severance agreements. This allowed employers to keep the terms of the agreement and the sum paid to a former employee confidential. Employers were even allowed to require the employee to keep information regarding their employment with the Company confidential. Recently, however, this has begun to change. 

Effective January 1, 2022, Senate Bill 331 placed significant restrictions on confidentiality and non-disparagement provisions in settlement agreements related to sexual harassment and assault cases. More recently, the National Labor Relations Board (“NLRB”) imposed further restrictions on confidentiality provisions in severance and settlement agreements. In short, the NLRB opined in McLaren Macomb  (07-CA-263041; 372 NLRB No. 58) that if a confidentiality provision is too overboard, it restricts the employee from exercising their rights under Section 8(a)(1) of the National Labor Relations Act. Surprise: that’s most confidentiality provisions!

McLaren Macomb, a teaching hospital was forced to lay-off a portion of its staff during COVID-19. The staff were offered a severance agreement that included both a non-disparagement provision disallowing the staff to speak negatively about McLaren Macomb and a confidentiality provision that disallowed the staff from disclosing the terms of the severance agreement. 

The staff challenged the provisions (even though these are ordinarily included in severance agreements). McLaren Macomb contended that the provisions were lawful because McLaren Macomb did not separately violate any other portion of the NLRA and were unrelated to any union or protected activity. The NLRB disagreed. 

The NLRB decided that the non-disparagement and confidentiality provisions had a chilling effect on workers and interfered with their Section 7 rights under the NLRA to organize even though these workers were no longer going to be employed by McLaren Macomb. 

Though this case dealt with union employees, the implications of this opinion are far reaching as even non-union employees have rights to organize under Section 7. As a result of this opinion, Employers should carefully review and revise any severance or settlement agreement that they offer to employees. Otherwise, depending on the language of the severance agreement the entire agreement or the confidentiality and/or non-disparagement agreement could be deemed invalid. The attorneys at Bradley, Gmelich & Wellerstein LLP are here to help!

Gentle Reminders

  • Pursuant to Labor Code section 201.3, security companies must pay security officers weekly. Paying these employee bi-weekly or monthly will lead to individual and PAGA penalties.
  • Naranjo v. Spectrum Security Services, Inc. threw a curve ball at employers when the Court decided that premium pay for missed meal periods and rest breaks should be paid at an employee’s regular rate of pay rather than the employee’s regular rate of compensation which for decades was interpreted to be the employee’s hourly rate. If employers do not already, they should pay premium pay based on the employee’s regular rate of pay. 

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.

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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Kate

The Californian 2023 Q2: Heat Illness Prevention Plan

HEAT ILLNESS PREVENTION PLAN

Shaun Kelly, Tolman & Wiker, CALSAGA Preferred Broker

With the change in seasons comes the warmer weather and it is imperative (and required by Cal/OSHA!) that all employers train their supervisors and employees on heat illness prevention. The safety of employees is the responsibility of the employer and if an unfortunate event does occur, Cal/OSHA may be investigating the event. If so, they will be asking if you have your Heat Illness Prevention Plan (HIPP) implemented. The investigation will include verification that you have provided training to your supervisors and employees and it is documented.

A Cal/OSHA study identified the key role that employers play in preventing worker fatalities due to heat illness. The findings highlighted the value of training supervisors and employees, so that they can make the fullest use of their power to control safety on the job.

Currently, the requirement for a HIPP is required primarily for outdoor exposures. However, in the future, Cal/OSHA may require modifications to your HIPP to include not only outdoor exposures, but also indoor exposures. Buildings, in hot weather conditions, may not have proper ventilation or may have mechanical breakdowns to the air conditional units causing heat exposures to employees. Be on the lookout for changes to the HIPP requirements.

California Code of Regulations, Title 8, Section 3395 Heat Illness Prevention requires all employers to have a Heat Illness Prevention Program which includes the following:
Provide fresh/potable drinking water
Employers must provide employees with fresh, pure, and suitably cool water, free of charge. Enough water must be provided for each employee to drink at least one quart, or four 8-ounce glasses, per hour and the water must be located as close as practicable to the work area. Employers are also required to encourage employees to drink water frequently

Provide access to shade When temperatures exceed 80 degrees, employees must be provided shade at all times in an area that is ventilated, cooled, or open to air and that is as close as practicable to the work area. There must be sufficient space provided in the shade to accommodate all employees taking rest. When temperatures do not exceed 80 degrees, employees must be provided timely access to shade upon request. Employees should be allowed and encouraged to take preventative cool-down rest as needed, for at least 5 minutes per rest needed.

Have high heat procedures in place High heat procedures are required of agricultural employers when temperatures exceed 95 degrees. The procedures must provide for the maintenance of effective communication with supervisors at all times, observance of employees for symptoms of heat illness, procedures for calling for emergency medical services, reminders for employees to drink water, pre-shift meetings to review heat procedures and the encouragement of employees to drink plenty of water and take preventative cool-down rest as needed.
Agricultural employers must additionally ensure employees take, at a minimum, one 10-minute preventative cool-down rest period every two hours in periods of high heat.

Allow for acclimatization New employees or those newly assigned to a high heat area must be closely observed for the first 14 days of their assignment. All employees must be observed for signs of heat illness during heat waves. A “heat wave” is any day where the temperature predicted is at least 80 degrees and/or 10 degrees higher than the average high daily temperature the preceding 5 days.

Train all employees regarding heat illness prevention Employees must be trained regarding the risk factors of heat illness and the employers’ procedures and obligations for complying with the Cal/OSHA requirements for heat illness prevention. Supervisors must additionally be trained regarding their obligations under the heat illness prevention plan and how to monitor weather reports and how to respond to heat warnings.

Have emergency response procedures Employers must have sufficient emergency response procedures to ensure employees exhibiting signs of heat illness are monitored and emergency medical services are called if necessary.

Have a Heat Illness Prevention Plan
Employers must have a written heat illness prevention plan that includes, at a minimum, the procedures for access to shade and water, high heat procedures, emergency response procedures, and acclimatization methods and procedures.

Download a sample Heat Illness Prevention Plan

With all of the constant changes and updates required by Cal/OSHA compliance, if you do not have a dedicated Safety Manager, we highly recommends hiring a Safety Consultant to make it easier on you to stay current. We have worked with EEAP/Got Safety for many years to customize Safety Plans and keep clients compliant. At this time, EEAP/Got Safety has partnered with us to provide CALSAGA Members with a reduced rate which is very reasonable. Please let them know that Tolman & Wiker/AssuredPartners of CA referred you and they will take care of you.

EEAP/Got Safety
Rick Rohmann, Operations Manager
Cell: 661-433-7063 – (Preferred Contact Method)
Office: 800-734-3574 Ext #102
Direct & Fax: 435-708-0014
www.gotsafety.com

Be safe and call us if you need assistance!

Shaun Kelly, Sr. VP, Risk Advisor
Tolman & Wiker Insurance Services/AssuredPartners of CA
(661) 616-4712

 

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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Aley Moyer

The Californian Q1 2023 – NEW CALIFORNIA LAWS FOR 2023 STRESS SAFETY, MORE REGULATIONS, AND ADDRESS WORKPLACE DISPARITY

NEW CALIFORNIA LAWS FOR 2023 STRESS SAFETY, MORE REGULATIONS, AND ADDRESS WORKPLACE DISPARITY

Barry A. Bradley, Esq., Managing Partner, Bradley, Gmelich + Wellerstein, CALSAGA Legal Advisor

California’s Governor Newsom signed 997 bills last year (and vetoed 169).  While there was a flurry of laws that protect women’s reproductive rights as a result of the overturning of Roe v. Wade by the U.S. Supreme Court, January 1st marks the enforcement of many other laws about which you should be aware.

Some will impact how you maneuver on the streets and sidewalks, some will impact employers as well as their employees and even job applicants, while another will protect the hides of some of our non-human animals.  Many that are noteworthy, or just plain interesting, are summed-up below.

2023 Is The Year Of The Jaywalker

It’s true!  You no longer have to cross streets only within crosswalks, only on green signals, only when the “Walk” sign is green, and only at corners.  Thanks to Assembly Bill (AB) 2147, peace officers can no longer stop a pedestrian for jaywalking violations UNLESS “a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power.”

While cars must always yield to pedestrians, you should always look out for your own safety and use reasonable care when crossing.

Bikers Rule!

In an effort to encourage more cycling and also to protect cyclists on the road, the legislature passed the OmniBike Bill, AB 1909 that will make life a little safer and protected for our two-wheeler friends and family members.

Autos Must Change Lanes to Pass a Bike.  It is no longer okay to pass bicyclists with just 3-feet of space between the biker and your car.  Where possible, motorists must treat bikers as if they are any other car, including signaling, going around them into another lane to pass, and provide adequate room.  This will hopefully reduce the hundreds of “near misses” that occur every day, not to mention serious accidents.

E-Bikes Allowed on All Bikeways

Move over, Tesla!  The electric bike is here to stay.  This bill outlaws municipalities from limiting access on bike lanes and bike paths.  This will allow e-bike riders to make use of the designated bike lanes and trails as an added measure of safety.  (For those concerned about our environmental impact, the e-bikes are still not allowed on equestrian and hiking trails.)

Bikes Can Cross on WALK signals

Pedestrians, look out!  Bikes can make use of the crosswalks and enjoy the safety that pedestrians have.

No More Bicycle Licensing Ordinances

And lastly, cities can no longer charge a fee or require registration of bicycles.  (However, bicyclists can still voluntarily register their bikes so they can be located in the case of theft.)

Pay Data Reporting and Pay Scale Disclosures 

As of January 1st, companies with 15 or more employees in California are now required to list salary ranges for all job postings. Senate Bill (SB) 1162 requires an employer to provide pay scale to an applicant or to an employee upon request. 

This new law complements previous legislation, SB 973, signed into law in 2020, which requires employers with more than 100 employees to submit wage data to the state’s Department of Fair Employment and Housing.

Failure to disclose the pay scale can result in stiff penalties for violators, and could also lead to a complaint with the Labor Commissioner or a civil action for an injunction against the company.

FAMILY LEAVE FOR MOURNING AND FOR CARING FOR NON-FAMILY MEMBERS

The California Family Rights Act (“CFRA”) has been amended to include bereavement leave.  Under AB 1949 all employers with 5 or more employees must now provide any employee who has worked for them for at least 30 days the right to take 5-days of unpaid bereavement leave for the death of a family member. 

Who Says You Can’t Pick Your Family?

Your close friend who’s “just like a brother to you” may now qualify as a “Designated Person” for whom you can take an unpaid leave of absence to care for.  Under AB 1041, the CFRA is expanded to allow employees to add to the list one extended family member or a person they consider to be family for whom the employee needs to provide care.  

With the close cross-over between CFRA and the Family Medical Leave Act (“FMLA”), a qualified employee under FMLA may now possibly be able to take up to 24-weeks of unpaid leave over a 12-month period, and still have their job protected!  (Work is overrated anyway!)

PRACTICE POINTER: Update your employee handbooks and policies to reflect the new law.

STATE HOLIDAYS: JUNETEENTH And the LUNAR NEW YEAR 

California now recognizes two new holidays as State Holidays.

Juneteenth commemorates the end of slavery in the United States.  Juneteenth (short for “June Nineteenth”) marks the arrival of federal troops in Galveston, Texas in 1865 to ensure that all enslaved people be freed.  This holiday is now codified in AB 1655.

This year also marks the Lunar New Year as an official state holiday. AB 2596 describes the calculation date. This is a moving target each year as it falls on “the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene.” (Got that?)

While Juneteenth is a judicial holiday, the Lunar New Year is not yet federally recognized and will result in our state and federal courts remaining open. Other non-judicial State Holidays include Genocide Remembrance Day and Native American Day.

PRACTICE POINTER: Update your Employee Handbooks to include these new holidays!

New Laws Impacting “Proprietary” (In-House) Security Forces

While most of us know that licensed private security guard companies provide guards to patrol businesses, buildings and residences, there is another side to security that has been largely unregulated.

“Proprietary Security” is that which is provided by a business or school where the uniformed guards are directly employed by the business or school and not by a licensed security company.  (Think shopping malls, theme parks, certain department stores, many jewelry stores, bar bouncers, and most community college campus security forces.  These are “Proprietary Security.”)

AB 2515 has made some massive changes to the security industry, many of which directly impact this previous minimally regulated side of the security.

Registration Required

Proprietary Security Officers must be registered with the California Bureau of Security & Investigative Services (BSIS), and produce their registration upon demand to any law enforcement officer.  All officers must undergo a criminal background check and receive some training on the laws of the state.

Self-Reporting All Uses of Force

Riding the wave of reigning-in the use of force by police agencies, existing law was imposed on the licensed private security companies to ensure each guard received training, background checks and had to report all uses of force during an altercation. (See, AB 229.)

Under the new law, AB 2515, Proprietary Security Guards and their employers must report any physical altercation with a member of the public while on duty to (BSIS) within 7-business days.  This now imposes the same reporting requirements that the licensed security companies have complied with for years. The goal is to enhance the safety of the public.

The bill also requires actual training in the de-escalation of a situation and use of force training.  (Although not nearly as robust as the training required of the licensed private security guard companies and their security officers, it is a good start.)  

No More Weapons of Any Kind

Under AB 2515, Proprietary (In-House) Security officers are no longer allowed to carry any type of weapons.  This includes batons, pepper spray, Tasers, & of course, firearms. 

The law took effect on January 1st, and violators could face stiff fines and even misdemeanor charges. (The use of force training won’t go into effect until July 1st.) 

Another Year, Another Rose to Minimum Wage

Beginning January 1, 2023, the statewide minimum was supposed to increase to only $15.00 for employees with less than 26 employees and to $15.50 for employees with 26 or more employees.

However, due to inflation, the statewide minimum wage has increased to $15.50 for ALL employees.  (Remember that some local jurisdictions impose a higher minimum wage.)  This also means that exempt employees in California must be paid a minimum annual salary of $64,480.

Furless California

Finally, Animals throughout the state are ringing in the New Year with glee.  Following California’s concern and compassion for our four-legged friends, California is the first state to ban and outlaw the sale and production of animal fur products.  The landmark law, AB 44, went into effect on January 1st, 2023, making it illegal to sell new items made from the fur of undomesticated animals, including mink, rabbit and coyote. The law passed in 2019 and went into effect on January 1st, 2023. 

The law, sponsored by the Humane Society of the United States, reflects the evolving attitudes of compassionate Californians who reject fashion made from animals, and paves the way for other states to follow suit. It carries hefty fines for violators. (The bill excludes the use of fur for religious and cultural purposes.)

Barry A. Bradley is the managing partner of Bradley, Gmelich & Wellerstein LLP where he oversees the firm’s Business and Employment Department and heads up the firm’s Private Security Litigation Team.  A former Deputy District Attorney, Barry’s practice concentrates on licensing, employment and business related issues, defending cases involving negligent security, as well as assisting clients in avoiding liability through proactive, preventative measures. 

The firm acts as general counsel for many security companies in California.  Barry is a Legal Advisor to The California Association of Licensed Security Agencies, Guards & Associates (CALSAGA) and other non-profits.

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 16 consecutive years in the area of Business Litigation.  Barry is also the recipient of CALSAGA’s Security Professional Lifetime Achievement Award. bbradley@bgwlawyers.com  818-243-5200.

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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