HIRING PROBLEMS & YOUR SOLUTIONS

Armand Adkins, Guardslink

One of the most recurring problems in the security industry is finding and hiring qualified security officers.  If there was a show of hands, I don’t think many members of CALSAGA would say hiring, when and how they want, is easy.  It just isn’t. Building the team of security officers your company needs will require creativity as well as a rigorous process to search and employ the right people to service your existing clients and move your company forward.

We need to recognize that finding the right candidates is even harder for security companies than in other industries as those we select are expected to protect lives and properties. Qualities such as experience, fitness, and appropriate training are only a few of the things security companies look for from their pool of candidates. While there are endless in-house problems that get in the way of an effective hiring process (administrative time commitment, costs, etc.), the good news is, as hard as these problems might seem, there are practical ways to effectively tackle them.

Shortage of Candidates

Always surprising – even though the physical security industry is a long standing and established sector of our economy, the Service Employees International Union still records an annual turnover rate of 100%-300% for security officers. This means that security officers leave a job within 1 year and sometimes within their first four months in a new company. This makes the market very competitive for companies looking to hire security officers, with the demand typically higher than the available talents.

There have historically been three proven ways to get candidates, and now there’s a fourth new approach.

 

Method One: Get your job openings in front of as many potential candidates as possible to raise the visibility of your hiring needs.

This can take the form of job boards such as Indeed, Ziprecruiter, etc that will post your positions on their websites for a fee since they are able to draw a significant number of job seekers looking for work.  The second, is a job ad in a physical or online circulars.  Examples of these sorts of circulars are Craigslist or PennySaver USA.  With job boards and circulars, you cast the net as wide as possible but you can never be sure of the response rate.

If your company takes the traditional route of job boards / employment ads, do you have a firm sense of the amount of money involved?  Are you factoring the actual costs of posting, boosting, as well as the labor cost of resume reviewing, candidate communications, interviews, negotiation, and sometimes the added need to train, live scan coordinate and apply for a guard card license. All steps involve time, which means money.

 

Method Two:  Those already in your circle of influence.  This method includes adding career / job openings language or a dedicated page on your website for those already familiar with your company and coming to your site.  In addition to just job openings, you may want to consider adding testimonials / testimonial videos from your existing security officers to share their positive views of working for your company. Your sphere of influence also includes asking your existing employees for referrals out of the goodness of their hearts or for an incentive.  This is a solid approach to take with the exception that it limits the reach of your potential pool.

While this technique may seem like a bargain, you will most likely face actual costs in terms of referral bonuses as well as the unseen cost of limiting your reach to find qualified candidates if you are looking to grow your business.

 

Method Three: Traditional recruiters. Going with a standard recruiting firm is definitely an option if your company is in an immediate need for a position to be filled and Method One and Method Two have not panned out.

Using traditional recruiters really should be seen as a last resort as they greatly increase your cost to hire in terms of potentially upfront and certainly hourly rate premiums that you would be contractually obligated for.  However, in a pitch, they exist.

 

New Method Four: There exists a brand new model for flat fee placement providers.  GuardsLink is an example of one such service provider that has recently expanded its offering beyond online training and tracking to include hiring assistance.  Qualified candidates that already have their unarmed or armed guard licenses can be presented to your company for interviews, and if you hire one or more of the candidates, you pay a relatively small flat fee per hire.

There is a cost per hire, but it is simple and transparent – no unknown return for money spent like in Method One, no limitation of your network of people familiar with your employees and company like in Method Two, and no expensive hourly rate premium like with traditional recruiters.  However, your company would need to be willing to try new business providers, and not all companies are open to expanding options from what they already do.

Each of these four methods can find you candidates, it is simply up to you if you choose one or more of the methods to implement in order to improve your odds.

Making the offer

It is one thing to have found the perfect fit for the job, it is a different task to get to a mutually agreeable “yes,” resulting in potential time wasted on negotiations.

To solve this specific hiring problem, the wage range should be included in your Employment Postings. This will streamline the candidate pool applying to fit your budget as those that seek different rates of pay will self-select and not apply.  This is a huge time saving as you and your staff won’t need to spend your time reviewing resumes, contacting to coordinate interviews, interviewing and discussing the position with someone who will not be accepting the job for monetary reasons.

A completely different approach that some employers have been known to use is to let each candidate freely lead the negotiation phase. This will give you an insight into each candidate’s expectations. If there are unrealistic wage expectations for the position, this may serve as a warning flag that despite ultimately accepting the position, this new hire may become part of the turnover statistic and you enter into the employment relationship with eyes open.

Not enough time to make decisions

No good hiring process is done in a rush. Adequate time is needed. To tackle the problem of time, ensure that you have a good work policy that allows your staff to inform you ahead of resignation. This will give those involved in searching for new hires ample time to run the hiring process. In urgent situations, even a short notice or resignation will give you the breathing room to temporarily cover work shifts with your existing employees.

Side note, the company culture that encourages some amount of resignation notice is a self-fulfilling prophecy.  If you honor resignation periods, employees are more likely to give you sufficient resignation notice.  However, if you accelerate the last day of a security officer who gives advance notice of resignation, you are setting an unspoken company standard and few employees in the future will provide the same resignation notice for fear of impacting their final checks.  As CALSAGA is made up of mainly fellow employers, it is a hard decision whether to honor or not honor the resignation notice period, and no one can tell you the right balance, but you.

 

Also on the subject of time to vet candidates, it may make sense to have a process in place to be continuously searching for new employees, whether through an evergreen job posting, a referral bonus program, or an ongoing relationship with a flat fee placement provider.  If you are regularly searching, the odds are in your company’s favor of finding a qualified security officer sooner rather than later.

 

Making the final decision is hard

For security companies with great visibility, an extensive job posting strategy or a flat fee placement structure with a trusted organization like GuardsLink, the problem might come down to making the final decision to pick the perfect candidate.

Tools may make the difference in viewing candidates as objectively as possible to help make the right choice in a way that can be referred to later (for runner-up candidates if your top pick doesn’t join your team), and provide a process to try to eliminate any unconscious bias or hiring disorganization.

A classic tool that most are familiar with and capable of using are our old friends, Microsoft Excel or Google Sheets.  A well thought through spreadsheet, with columns that help sort the pros and cons of each candidate with added notes can give you the one page comparison needed to drill down on a ranking order of  candidates you wish to make an offer to and hire.

In addition to spreadsheets, you can also reach final decisions with the use of paid and free online tools that sort and select candidates. These are easy-to-use soft automation tools that work by helping companies to sort applications according to their preferences and instructions. Most human resource platforms will contain or be able to connect to such tools.

 

Conclusion

At the end of the day, we can all agree that there is no one silver bullet to solve all the problems and costs associated with the hiring process.

The goal of this article is to shake your organization out of its complacency and share the hurdles, as well as opportunities available to your company to try new approaches for finding your next hire.  If there is one or more of the four methods discussed above that your company has not already explored, give them a try – whether it’s employee testimonials on your website, new places to post jobs, or reaching out to a flat fee placement service like GuardsLink. The hiring of security officers is difficult enough without limiting your avenue of potential candidates.  Remember, without a pipeline of employees, you not only risk not being able to service the clients you already have but artificially limit your company’s ability to expand.

Much success, and good hiring!

 

LEGISLATIVE UPDATE

Kate Wallace, CALSAGA Association Manager

As we reported to you earlier this year, Assemblymember Chris Holden introduced Assembly Bill 229 which would require the development of Use of Force curriculum for the private security industry. Among other topics the training would include active shooter situations; implicit and explicit bias and cultural competency; mental health and policies.

The CALSAGA Executive Committee along with our lobbyist Kelly Jensen have been working with Assemblymember Holden’s office, the Committee Consultant for the Senate Business, Professions and Economic Development Committee and Chief Andres of the Bureau of Security & Investigative Services on the text and ramifications of the bill. CALSAGA President David Chandler has testified before Assembly and Senate committees regarding the bill.

The current draft of the bill would remove Weapons of Mass Destruction from Powers to Arrest and replace it with Use of Force. Weapons of Mass Destruction will become an elective option.  It would require the initial guard card training to be administered in a traditional classroom setting with a physical instructor utilizing “hands-on training.” Originally the legislation would have increased the initial training requirement from 8 hours to 10 hours. CALSAGA addressed this with Assemblymember Holden and are glad to report that he is agreeable to keeping the initial training as an 8 hour course.

Proposed legislation would also increase requirements for reporting altercations. Currently all physical interactions involving a security officer must be reported to the BSIS. If passed, this legislation would require that any altercation be reported to the BSIS. This would include verbal altercations and unwanted touches such as common instances of gently touching an individual’s shoulder to guide them out of a building, officers restraining someone in a hospital setting, etc.

Last Tuesday David Chandler testified before the Senate Business, Professions and Economic Development Committee in opposition to the bill as currently written. There are portions of the legislation to which the association objects particularly the barrier to employment created by the increased training requirements and the lack of provisions for administering training in the event of a future pandemic.

During committee session this week, Assemblymember Holden stated, “I have committed to CALSAGA that I will work with them to find an appropriate balance between traditional classroom and their suggestion of web-based platform training.”

CALSAGA will continue to keep you updated regarding AB 229. Should this legislation pass, new requirements would not take effect until 2022.

HIRING CHALLENGES CONTINUE

Jeff Davis, TEAM Software, CALSAGA Network Partner

Every market seems to be haywire right now. Low interest rates, high building costs and excess disposable income has led to unprecedented demand and price increases in the housing market. The stock market has also been a rocket since hitting lows at the beginning of the pandemic. So, why should we expect anything less from the security labor market?  

Let’s go ahead and address the 800-pound gorilla in the room: security firms are not getting enough applicants. While pundits debate the reasons for the drop in applicants, we can assume the answer is likely due to multiple factors affecting job seekers. Before we look at the possible causes, let’s take a look at recent trends in hiring and applicants. 

Hiring Trends

Hiring has steadily grown week-by-week in 2021, with the most new hires coming in late June. Overall, hiring for April 2021 was up 62% year over year. Demand is strong for contract security services. As the world reopens, it makes sense that demand for security services would increase.  

Applicant Volume

Applicant volume has not followed the same path as hiring. Where hiring has steadily built each week, applicant volume started high, dipped in the spring, and has somewhat leveled off to first quarter (2021) numbers. This presented a very challenging spring when trying to fill security positions, as well as in other industries, as new applicants were hard to find. 

Key Factors

Steady hiring with lower and inconsistent applications makes for a difficult hiring environment. Recruiters are in a fight against the lingering effects of the pandemic, state and local policies, and outside industries to lure employees back. The most discussed (and politically polarizing) factors right now are unemployment benefits and specifically the additional $300 federal benefit. California is allowing the full benefit to be paid through September as reported by Zip Recruiter:  

“The maximum unemployment benefit available to individuals in California is $750 a week, or about $19 per hour, through September 6, 2021. After that, the maximum weekly benefit for individuals is $450 a week, or about $11 per hour.”

Using Indeed’s salary estimator tool, the average hourly base pay for a security guard in California is $15.98. Based on the numbers alone, luring guards on unemployment back in the workforce is difficult. Many states are offering bonuses for returning to work, but to date, California has not joined the trend.

Other factors such as child care and fear of COVID-19 variant strains are also keeping some at home, but the biggest trend may be a shift in the workforce itself. A recent ZipRecruiter survey found 70% of job seekers who last worked in the leisure and hospitality industry say they’re now looking for work in a different industry. This isn’t specific to contract security, but if the hospitality industry is having this type of movement, it’s logical to hypothesize much of the security employee base may be looking to switch industries as well.  

Moving Forward

One side effect to the labor market is classic supply and demand: rising job board advertising costs. Due to the lack of job seekers, employers have sponsored more job listings on job boards, leading to an all-out bidding war. Where organic (free) postings used to get visibility on the first page of a job board, they’re now buried on the third and fourth page behind the high volume of sponsored advertisements.  With placements coming at a premium, companies have had to aggressively increase their job board spending budget simply to remain visible. 

With rising labor costs, increased unbillable overtime and slimmer margins, how do we find employees to fill the demand? While there may not be a magic bullet, there are tactics you can implement.

  • First — build a solid employee referral program and actively promote it. Your best future employees are referred by current employees. 
  • Second — focus on retention of current employees. The cost to acquire and train a new employee is significant and refocusing those funds into retention may be valuable. 
  • Third — look to other industries. When unemployment was high, hiring could be selective and managers could pick and choose to only interview candidates with experience. Now may be the time to explore potential hires with different backgrounds. I hear the workers from the leisure and hospitality industry may be looking for a change.

TEAM Software is dedicated to ensuring our software solutions meet the ever-changing needs of our customers. We’re also continually working to bring you relevant content to help you manage your business better by taking advantage of programs like WOTC. While we’re committed to keeping you informed, it’s important to do your own research, and consult your own legal and tax advisors when necessary, too. For more information on the WOTC tax credit, visit the United States Department of Labor WOTC page.

Jeff Davis was president of Kwantek, a recruiting and onboarding software provider acquired by TEAM Software, the leading provider of integrated financial, operations and workforce management software for cleaning and security contractors, in 2020. Since joining TEAM, Jeff is the VP of Strategic Growth North America, acting as a subject matter expert and thought leader for TEAM in the security and cleaning industries and assisting with global sales and marketing initiatives. For the last 20 years, Jeff has focused on technology, working in sales and marketing to executive leadership, with four years specializing in human resources technology. He has an MBA focusing on Information Systems from Tennessee Tech and a Bachelor’s degree in Marketing from the University of Louisville.

THE STAFFING DROUGHT

Tony Unfried, CSA360

We have a new drought among the security industry… It is a staffing drought. Finding new staff has been harder than ever. According to LinkedIn there are over 53,000 jobs available in the US. For various (some valid) reasons, not many people are eager to return to work. Lowering your turnover and improving retention is more important now than ever. Here is how you can help solve staffing gaps.

Art of Incentives
People are competitive by nature and nothing like a friendly competition to motivate your team. Using the art of incentives can be one of the best kept secret methods to encourage your team. This can be your secret weapon to keep your security team motivated. Perhaps finding a good scheduling software that can track this is a good idea.

Transparency
Having transparency within your staff is easier said than done. From knowing the availability of your staff to how they are performing can be difficult. It is a definite must. While having fun, positive incentives are great. It has been proven that people perform better when they know they are being watched and critiqued based on their work performance. Reward the employees who are always on time by giving them the better shifts or their preferred shift or the best positions. While you can keep track of this with a spreadsheet that can become a bit tedious, it is recommended you read into security software which can automate this process.

HR Software
It is nearly impossible to know everyone on your staff’s schedule. You’re only human after all. One thing recommended to help you be on top of your staff is investing in guard scheduling software. It can allow your employees to input their availability. Scheduling software can offer you valuable insights that will help you keep track of who is on time and who is making all the guard tour checkpoints. This can help increase employee transparency.

Keeping your staff engaged and motivated can be easier said than done but make sure you’re setting clear goals and expectations. Keeping things transparent within your staff. Once goals are met give a reward. This will help keep your security staff motivated and help solve staffing gaps.

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

CALIFORNIA SUPREME COURT RULES CALCULATION OF PREMIUM PAY MUST INCLUDE NON-DISCRETIONARY PAY

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

On July 15, 2021, the California Supreme Court held that if an employer fails to provide a legally compliant meal period or rest break to an employee, the wage premium owed to the employee must be paid at the employee’s “regular rate of compensation,” which includes not just hourly wages but all nondiscretionary payments for work performed by the employee. The Court also held that its decision will be retroactive. 

The Case

Jessica Ferra worked as an hourly bartender for Loews Hollywood Hotel. She received hourly wages plus quarterly nondiscretionary incentive payments. If an hourly employee was not provided a compliant meal or rest break, Loews paid the employee an hour of pay at the employee’s base hourly rate. Loews argued this was the “regular rate of compensation” mandated by Labor Code section 226.7(c).

In 2015, Ferra filed a class action lawsuit, arguing that nondiscretionary incentive payments should be factored into the regular rate of compensation for purposes of meal and rest break premiums. The trial court and Court of Appeal agreed with Loews that the “regular rate of compensation” was not synonymous with the “regular rate of pay” used in Labor Code section 510(a) governing overtime. Ferra appealed to the Supreme Court, and the instant ruling followed.

The Supreme Court discussed the history and evolution of the wage orders as well as Labor Code section 226.7 extensively as the basis for its holding. The Court noted that neither the Labor Code nor Wage Order No. 5-2001 define the terms and the words could reasonably be construed to mean hourly wages or wages plus nondiscretionary payments as is the case under Labor Code section 510(a) for calculation over the regular rate of pay for purposes of overtime.

The Supreme Court also relied on the courts’ and DLSE’s understanding of two different terms, that “regular rate” under the Federal Labor Standards Act (“FLSA”) and “regular rate of pay” in Labor Code section 510 have the same meaning. “Regular rate” under the FLSA for purposes of overtime includes “all remuneration for employment paid to, or on behalf of the employee” including nondiscretionary payments. Thus using the word “compensation” in Labor Code section 226.7 as opposed to “pay” in Labor Code section 510 does not necessarily mean the terms have different meanings.

The Supreme Court also rejected several federal district court opinions holding that the regular rate of compensation only means an employee’s hourly rate. The Supreme Court observed that such an interpretation would put an employee who received only a piece rate or both a piece rate and an hourly rate of pay as compensation at a disadvantage as the nondiscretionary payments would not be counted towards calculating their premium pay.

Based on its analysis and legislative history, the Supreme Court held the phrase “regular rate of compensation” in section 226.7(c) has the same meaning as “regular rate of pay” in section 510(a) and encompasses not only hourly wages but all nondiscretionary payments for work performed by the employee.”

As the final blow to employers, the Supreme Court rejected Loew’s request to apply the decision prospectively. Thus, the decision will be applied retrospectively.

Employer Takeaway:

Employers should closely examine their policies and practices with regard to meal and rest periods. Employers must demonstrate constant vigilance in complying with California’s rigid wage and hour laws, including proper calculation and payment of the one-hour premium when violations do occur.

As the decision is retroactive, employers who have paid premium pay should analyze their calculations to ensure that it includes nondiscretionary pay.

If you have any questions about how this decision may impact your obligations, or need assistance with regards to calculating premium pay, please feel free to contact Bradley & Gmelich LLP. We are here to help.

 

Saba Zafar, Esq. is Special Counsel in Bradley & Gmelich LLP’s Employment Law Department. Saba has over a decade of experience as an attorney, primarily in employment law. Saba 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. 

Prior to joining the firm, Saba was a Senior Counsel providing advice and counsel to mid-sized to large businesses on employment law compliance and day-to-day employment issues, including implementing policies and procedures, employee classifications, employment separations, managing and disciplining employees, and COVID-19 rules and regulations. Saba also handled a wide variety of employment matters in state and federal court, including cases involving wrongful termination, discrimination, and wage related cases. 

In her spare time, Saba has volunteered as a Mediator for the Department of Consumer Affairs and the Orange County Human Resources Department. She was also a Volunteer Tutor for Schools on Wheels, tutoring elementary school students on skid row in Los Angeles. Prior to practicing law, Saba was a Judicial Extern for California Court of Appeal, Second Appellate District.  

In her free time, Saba enjoys embarking on culinary adventures and catching up on new television shows. szafar@bglawyers.com

Jaimee K. Wellerstein, Esq. 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.

THE HEAT IS ON! AGAIN – HEAT ILLNESS PREVENTION

Shaun Kelly, Tolman & Wiker, Preferred Broker

With the weather so hot, I thought it would be a good reminder to the members on the Heat Illness Prevention Plan requirements. CALSAGA has previously published articles about heat injury illness prevention yet many members do not have a plan implemented.

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 your 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 Program in place. The investigation will include verification that you have provided training to your supervisors and employees. 

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 so that they can make the fullest use of their power to control safety on the job. 

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 CalOSHA compliance, if you do not have a dedicated Safety Manager, Tolman & Wiker highly recommends hiring a Safety Consultant to make it easier on you to stay current. Tolman & Wiker has 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 Tolman & Wiker to provide CALSAGA clients with a reduced rate which is very reasonable. Please let them know that Tolman & Wiker 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 Tolman & Wiker if you need assistance!

Shaun KellySr. VP, Risk Advisor
Tolman & Wiker Insurance Services
(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.

CALIFORNIA RE-ENACTS (AND EXPANDS) MANDATORY COVID-19 SUPPLEMENTAL PAID SICK LEAVE

By Martin Vigodnier, Esq. and Jaimee K. Wellerstein, Esq., Bradley & Gmelich, CALSAGA Legal Advisor

On March 19, 2021, Governor Gavin Newsom signed SB 95 into law, once again providing COVID-19 related supplemental paid sick leave to California workers. Employers will recall that 2020 mandatory COVID-19 paid sick leave – both federal Families First Coronavirus Response Act (FFCRA) and California Supplemental Paid Sick Leave (SPSL) expired on December 31, 2020.

SB 95 now requires any California employer with more than 25 employees to provide SPSL for COVID-19 related reasons in addition to regular paid sick leave offered. The new law also authorizes SPSL for providers of in-home supportive services and waiver personal care services.

START DATE & RETROACTIVITY

The new law took effect on March 29, 2021 and remains in effect through September 30, 2021. However, SB 95 is retroactive to January 1, 2021. Thus, any leave granted since January 1st for any of the qualifying reasons (discussed below) would require reimbursement. 

QUALIFYING REASONS FOR LEAVE

The qualifying reasons for leave have been expanded for 2021. Employees who are unable to work or telework can use SPSL for the following reasons, which are more numerous than they were in 2020:

  1. Employee is subject to a quarantine or isolation period related to COVID-19 as defined by federal, state, or local orders or guidelines. 
  2. Employee is advised by a health care provider to self-quarantine due to concerns related to COVID-19. 
  3. Employee is attending an appointment to receive a COVID-19 vaccine. 
  4. Employee is experiencing symptoms related to a COVID-19 vaccine that prevent the employee from being able to work or telework. 
  5. Employee is experiencing COVID-19 symptoms and seeking a medical diagnosis. 
  6. Employee is caring for a family member who is subject to a quarantine or isolation order or guideline or who has been advised to self-quarantine by a health care provider due to concerns related to COVID-19. 
  7. Employee is caring for a child whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises. 

AMOUNT OF LEAVE AVAILABLE

  • Full-Time Employees: Employees receive 80 hours if either their employer considers them to work full time or, on average, they worked or were scheduled to work at least 40 hours per week in the two weeks preceding the leave. 
  • Part-Time Employees: Employees with a normal weekly schedule receive the total number of hours they are normally scheduled to work over two weeks. Employees who work a variable schedule and have worked six months or more will receive 14 times the average number of hours they worked each day in the six months preceding their leave date. (For example, the total number of hours worked in last six months divided by 182 days equals the daily hours; then multiply the daily hours by 14 for the total hours entitlement). If the employee worked only between 15 days and six months, the same calculation would be used, but over their entire period of employment. Employees who worked 14 days or fewer receive leave hours equal to their total number of hours worked. 

RATE OF PAY & CAP

The 2021 SPSL pay rate calculation mandates that non-exempt employees receive the highest of the following (subject to the cap, below): 

  • The employee’s regular rate of pay for the workweek in which the leave is taken; 
  • A rate calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment; or 
  • The state or local (whichever is applicable) minimum wage. 

Note that for exempt employees, SPSL is calculated in the same way that the employer calculates wages for other forms of paid leave.

The 2021 SPSL is capped. The most an employee can receive for 2021 SPSL is $511 per day or $5,110 in the aggregate.

CERTIFICATION OF LEAVE

An employee is entitled to SPSL immediately upon their oral or written request. Moreover, an employer cannot require medical certification in order to provide the paid leave. However, bear in mind that it may be reasonable in some circumstances to request documentation where the employer has information indicating that the employee is not requesting SPSL for a legitimate purpose.

NOTICE, POSTING & PAYSTUB REQUIREMENTS: 

A notice of employee SPSL rights must be posted at the workplace, or sent via email if employees work from home. A link to the notice required (available through the Labor Commissioner’s Office) is available here. 

Like in 2020, California requires information concerning employees’ SPSL benefits be available on employee paystubs. Importantly, the 2021 law requires that SPSL and non-COVID statutory paid sick leave be displayed separately.

For part-time, variable-scheduled employees, employers must calculate the initial amount of SPSL available as of the first printing of the paystubs and indicate “variable” next to the amount on the paystub. The employer would then do the actual calculation if/when the employee actually requests the leave.

Finally, any retroactive SPSL payment must be identified on an employee’s paystub for the pay period during which payment is made.

Have questions about 2021 Covid-19 Supplemental Paid Sick Leave or any other pressing employment law issues? Contact your attorneys at Bradley & Gmelich LLP. We are here to 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. The firm acts as general counsel for many security companies in California.    

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.

 

 

 

 

Martin P. Vigodnier, Esq. is a Senior Associate in Bradley & Gmelich LLP’s Employment Law Department.  Martin focuses his practice on labor and employment litigation, class actions, and Private Attorney General Act (PAGA) actions, including wage and hour claims, discrimination, leaves of absence, reasonable accommodation, defamation, trade secrets, retaliation, harassment, wrongful termination, breach of contract, and fraud.  Martin also drafts, in both English and Spanish, contracts, regulatory compliance materials, agreements, and policies such as anti-harassment, discrimination, and retaliation policies, OSHA safety policies, employee reimbursement policies, employee stock purchase plans, independent contractor agreements, arbitration agreements, settlement agreements, cross-purchase buy sell agreements, and employee handbooks.  

?Prior to joining the firm, Martin was President and Founder of his solo law practice handling various employment matters.  Prior to practicing law, he was an extern for the Equal Employment Opportunity Commission (EEOC) and awarded the prestigious Peggy Browning Fellowship to work for the Federal Labor Relations Authority (FLRA), assisting the Office of General Counsel analyze unfair labor practice charges against government agencies.   

Martin is a native Spanish speaker and writer, and a former amateur boxer. 

Education

  • B.A., University of California, Los Angeles (UCLA)
  • J.D., University of Illinois, College of Law 

Bar Admission

State Bar of California

 

 

 

WOMEN AND THE SECURITY OFFICER INDUSTRY

Debbie Howlett, TrackTik, Network Partner

The year was 1945, and equality between men and women was a core tenet in the United Nations Charter. Seventy-five years later, women and girls still live in a world of gender inequality. 2020 marked the 20th anniversary of Security Council Resolution 1325 (UNSCR 1325) on Women, Peace, and Security, yet the gender gap remains wide. While the past decades have seen some significant progress for women and girls, change has been inconsistent and uneven. “At the current rate of change, the global gender gap will not close for another 100 years. Change is coming at a pace that is too slow for the women and girls whose lives depend on it,” the Secretary-General warned. 

The gender gap, of course, is not unique to the security industry. Even though the calendar may say 2021, there are many professions still unnecessarily gendered in the public’s opinion, with security officer industry being one of them. Today, it is still perceived as man’s work.

In the security officer industry, however, the gender gap is clearly visible. At present in the US, only 25% of security officers are female and the other 75% of security officers are men. The gap is wider in the UK, where the Security Industry Authority (which is the regulator of the UK’s private security industry) recently released data on the demographics which make up their license holders (as of March 2021). According to statistics, only 10.2% of SIA license holders are female and while the remaining 89.2% of license holders are male. 

According to ISTA (the International Security Training Academy), there are several misconceptions about security officers that may be holding women back from pursuing a career in the security industry. Thanks to Hollywood, security officers are often portrayed in one of two ways: They are either gun-toting, macho mustachioed men racing through parking garages in the dead of night, or they are lazy, unskilled mall cops like Paul Blart, Mall Cop. But Hollywood isn’t real life and the reality is that security officers play a key role in protecting people, property, and communities. During the ongoing pandemic, we have all come to rely on security officers to keep us safe, and the sight of a security officer outside a grocery store, a pharmacy, or an office building fills us with a sense of security. 

Dispelling the myths

  • Myth #1: All security officers are men

Simply not true. While at present, men do take up the majority of available roles in the security officer industry, women are slowly starting to step up and take on valuable roles thanks to their covert presence, calm demeanor, and their ability to empathize with the general public, whose nerves are at all-time high right now. 

  • Myth #2: Security officers need to be built like bodybuilders

In some scenarios, size does matter, such as in roles as bouncers outside pubs and bars, or in situations where a security officer is needed to control a sizable crowd. But there are plenty of other opportunities for women in control rooms, corporate security, areas of loss prevention, and more. 

  • Myth #3: Most of the available work is for late nights and weekends

Right now, while many opportunities in the late-night entertainment and overnight travel industries are on hold, there are still many security positions available in retail stores, government agencies, office buildings, schools, banks, and other locations. A lot of this work is also performed during a typical day, though the need for security officers is typically 24/7.

  • Myth #4: Security work is too dangerous for women

This myth is a huge misconception. What makes security work dangerous is improper training or not equipping your officers with the techniques and communication skills to diffuse potentially difficult situations. Security officers are hired to protect properties, public spaces, residential complexes, and educational institutions. Not typically known for being high-risk areas.

How to inspire change in the security officer industry

The topic of Sexism and Security was a recent Thought Leadership Webinar sponsored by the OSPAs, Perpetuity Research, and TECAs. The panel discussion confirmed that research in the security sector shows that women suffer from different forms of sexism in the security officer industry, with behavior, attitudes, and language just a few examples. According to a recent survey, 64% of female officers have experienced bullying, sexual harassment, and gender-based violence while working in a security role. 

But sexism is not just a women’s issue to be solved by women. Although women don’t talk about it, they do experience it every day. And while there are more women in security than ever before, we need to encourage women to pursue careers in the officer industry by including women in leadership roles. But sometimes, encouraging women is not enough. Women are at least as competent as men, if not more. Still, if the industry wants more women to join their ranks, they need to create support structures and tailor security and mentorship programs directly for women and encourage them to pursue leadership roles. 

Anyone who claims that men make better security officers than women completely misunderstands the role of the modern security officer. The industry has evolved beyond physical characteristics like strength and towering height, and qualities such as communication, empathy, and industry knowledge are critical to present-day security sectors and sought after by employers.

There are also many situations where there is a real need for women security officers. Female spaces, for example, require a female security officer as some women may feel uncomfortable with male officers entering areas like washrooms, changing rooms, or performing pat-downs and searches for which women security officers are required. Finally, female security officers are often seen as less intimidating to other women and children.

Change can be challenging, but it’s possible with training, awareness, and conversation. On April 20, 2021, Saudi Arabia stationed female security officers at Mecca’s Grand Mosque for the first time in history. The decision to station the female officers is a part of the Saudi Crown Prince Mohammed Bin Salman Al Saud’s ‘Saudi Vision 2030’ strategic framework reform.  According to political analyst Ali Shihabi, A Saudi female security officer in Makkah supervising pilgrims. Amazing change for Saudi society!

Women need to be encouraged to join a security officer industry committed to diversity and inclusion. There are numerous opportunities for women in security, but this needs to be recognized and championed by the leadership at the top. Education is critical and acknowledging the lack of women in the industry is the first step towards a stronger, more diverse security workforce. 

Resources for Women

SIA: Women in Security Forum Committee

ASIS: Women in Security Community

Women in Safety Excellence Common Interest Group 

Debbie Howlett
TrackTik

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

debbie.howlett@tracktik.com
Twitter: @TrackTik 

 

WHAT HAS CHANGED FOREVER

Tony Unfried, CSA360

Over the last 13 months, everyone likely became very wary of hearing the phrase “The New Normal.”  As the world has opened up and the vaccine has started to roll out, the changes we have all experienced haven’t gone away.  The reliance on new and old technology being implemented in the security industry continues to grow.  Looking back on what we have all done, and forging ahead into the future, we can now ask, “What has changed forever in the security industry?”

The Need for Security

The need for security and visitor management systems at a facility has increased. A drastic increase in certain crimes and a global pandemic has intensified the need for physical security even if the facility is empty. The role of a security team and their use of technology became more important than ever with them being tasked with running temperature checks, enforcing masks, and still social distancing. Even in neighborhoods, the increased amount of security surveillance was needed more than ever. What has changed forever though is now we have to monitor empty schools with physical or remote cameras, but still communicate with boots on the ground.

Non-contact

Public health became a new concern for the security industry due to the padmenic. We had a new role of making sure everyone was following social distancing guidelines, wearing masks, and even prescreening all people who enter a building. We now have to consider how to pandemic-proof a facility for the foreseeable future. It is our job to assure that all workers feel safe even from microscopic threats. 

 Technology
2020 was the year we were forced to adapt. Security guards are essential workers and while most of the US was in quarantine we were on-site securing and monitoring the world. We turned to technology to find a way to make sure security teams were in contact with as few people as possible and finding ways to automate as many processes as possible with technology. The use of visitor management pre-screen and temperature checking kiosks is rising at an exponential rate.
Facial recognition became more common for managing control in big facilities like warehouses and large business buildings. It can be used to grant access into different areas contactless getting rid of biometric readers and keypads which is a possible breeding ground for viruses. 

Security teams are looking to their current software to provide them, even more, use manage facilities.  Paperless incident reports, guard tour checkpoints, push notifications, and contactless visitor management has helped teams adapt to these trying times. Being able to be happening in real-time with your team, your schedule, and the visitors in your facilities gives your team the ability to adapt and be prepared.  This new invasion is what has changed forever.

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

TERRORISM INSURANCE: SHOULD YOU BE PURCHASING COVERAGE?

Shaun Kelly, Tolman & Wiker, Preferred Broker

Hope everyone is doing well and getting back to normal or close to it.

Based on some conversations I have had lately on terrorism coverage, I thought it would be good to provide a refresher.

If or when another terrorist attack occurs, the allegations will inevitably include lack of security. So, should you add terrorism coverage to your General Liability policy?

 It is important to understand that prior to 9/11, terrorism was included in commercial insurance policies. After 9/11 and the resulting financial losses to insurance carriers, terrorism exclusions started to appear on most insurance policies. These exclusions were applied to eliminate all future terrorism losses. The reasoning behind the exclusions are that the claims are unpredictable and catastrophic, thus making it impossible for insurance carriers to underwrite the risk. The potential losses to the actual target of the terrorism act and the surrounding businesses, including human life, can be devastating. Here are some financial figures from the 9/11 attack:

  •  Total loss approximately $100 Billion
  • Total insured loss $47 Billion (Breakdown by line of coverage)
    • 11% World Trade Center 1 & 2
    • 33% Business Interruption
    • 19% Property other than the WTC
    • 12% Liability
    • 11% Aviation liability
    • 14% Other including life insurance

 With the lack of terrorism coverage available from insurance carriers, the US Congress established the Terrorism Risk Insurance Act (TRIA). TRIA was created by the federal government to assist insurance carriers in offering terrorism coverage to businesses by providing a financial backstop to minimize the economic hardship the insurance carriers may experience with another attack. As defined in TRIA, in order for loss to be triggered, the terrorism act must be “Certified”. An act can only be “Certified” if the Secretary of the Treasury, the Secretary of State and the Attorney General of the United States determine the terrorism act meets the following:

 Act of Terrorism

  • Is a violent act or an act that is dangerous to human life, property or infrastructure.
  • The act occurs is in the United States, or outside the United States in the case of an US air carrier, vessel and/or missions as described in the Act.
  • The act was committed by an individual or individuals, as part of an effort to coerce the US civilian population or to influence the policy or affect the conduct of the United States government by coercion.

Limitation to the Certification

  • The act is committed as part of the course of war declared by Congress
  • Property and casualty losses do not exceed $5 Million

 The mass shooting in Las Vegas on October 1, 2017 has yet to be determined a “certified” act of terrorism. The anticipated financial settlement to the victims is estimated at over $800 Million. Insured losses paid by insurance carriers are upwards of $750 Million. Those being held responsible are the security provider for the venue and the owner of the Mandalay Bay Hotel.Interesting to note in this case is the “Safety Act”. The Safety Act was established by the Department of Homeland Security to limit the liability of providers of anti-terrorism technology. Under the act, “technology” is meant to include products and service providers. Security falls under the list of service providers. This is the first time that the Safety Act is being considered and tested in a legal proceeding. The security firm involved in the mass shooting is certified by the DHS under the Safety Act. For information and details on the Safety Act, click the link: www.safetyact.gov

 There are many violent events and uncertainties today (Mass shootings, riots, softening of the borders…COVID?) that border on the line of being an act of terrorism. Terrorism insurance may not be for everyone, however here are some criteria to assist you in determining your terrorism exposure and cost:

  • Location of your clients
    • Large metropolitan cities or areas
    • Historical landmarks
    • Government buildings
    • Tourist destinations and surrounding areas
    • Stadiums and large venues
    • Other…
  • Types of clients
    • Schools, universities, colleges…
    • Oil refineries, utility and water companies…
    • Nightclubs, casinos…
    • Airports
    • Shopping centers and movie theaters
    • Hospitals and healthcare facilities
    • Hotels
    • Other…
  • Cost
    • Normally 5-10% of premium for General Liability (Separate premiums for other lines of coverage, terrorism is included in workers compensation)  

 In conclusion, we should evaluate the potential risk in all areas of our businesses. Implementing a strong risk management program to minimize the probability of loss is extremely important. Some risks you can avoid, accept, minimize or transfer. Terrorism is one of the most unpredictable and catastrophic losses that can affect your business. In evaluating the terrorism risk, in most cases I would rather have the insurance coverage and be able to sleep better at night.

 Please do not hesitate to contact me if you have any questions.

 Thank you.

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.