Kate

The Californian 2022 Q1 – WOMEN, SECURITY AND COVID-19

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WOMEN, SECURITY AND COVID-19

Ashlee Cervantes, Guard Protection Force & CALSAGA Board Member

 

How recently have you reviewed your internal Security Officer statistics? Do you know the percentage of women versus men on your team? Now you may be thinking,

“Why does it matter? I hire the most qualified person for the job.”

I wholeheartedly agree with this perspective, I also know that numbers never lie. There’s an entire story they represent and if we listen there’s much to be learned from the stories these numbers can reveal.

 

As a security professional I am sure you’re already aware of the inherit value women bring to your workforce. Nonetheless, here are just a few of the critical components that highlight the essential need for a multicultural and diverse workforce now more than ever:

  1. According to Security Magazine, security is one of the fastest-growing professional careers worldwide. Not that I need to tell you this – just speak with your sales and recruitment teams. When you strategize to target and retain female talent you open doors to exacerbate talent growth.
  2. The issues our clients are facing have evolved over the past 20 years and now require a collaborative, diverse team to address these (literal) life and death problems. Research continues to indicate the more diverse your team – the better the results. Women strategize and think differently than our male counterparts. We tend to naturally leverage empathy, effective communication and emotional intelligence to problem solve and effectively mitigate difficult situations.
  3. Lastly, when it comes to boots on the ground operations we’ve all heard women are simply better shooters than men. Now, I am using this idea to be facetious but there is a relevant point to deliver here: women have much to bring to the table from an operational perspective as well. One theory explains, “that yes, women are better shooters, and [this] theory is that it’s because women listen to their instructors instead of trying to one-up them” Tactically women have many qualities, especially those highlighted by this point, we are keen listeners and observationists.

 

Now we’ve covered at least a few of the critical components as to why you need women on your security team. So go ahead and review your own internal statistics and let’s talk about what you find …

Scenario I: Perhaps you found that your internal statistics reflect those of the industry nationally: 25% of security officers in the US are women . While this scenario means your company stacks up positively against the national numbers, we’ll still want to revisit how as an industry we can grow those numbers in general.

Scenario II: Let’s explore another possibility. What if you review your employee statistics and find that you are at or even exceed 25% of women in your workforce, but only when you include administrative staff. While this isn’t bad news, I’d caution you against celebrating your diverse workforce just yet.

By design administrative teams are critically different than our security officer roles. And remember, the national statistic indicates that 25% of all security officers are women, so that’s what we want to measure ourselves against.

Scenario III: Let’s explore a final possibility. what if you fall short of the national average? In this scenario you review your internal security officer profiles and come to find that your organization currently employ less than 25% women in the field.

 

First things first; don’t panic.

A great place to start is to reflect on your company history. If 2022 reflects less than 25% of your security officers are women, what did 2021 look like? And 2020? Even more importantly, what about 2018 & 2019? Here is why this is critical information: we know that COVID-19 has critically impacted women in the workplace across industries).

In this scenario the goal will be to understand where those women went across the span of the last three years. Your internal exit interviews are a great place to start. Your exit interviews should give you insight into why former employees have left and where they went. Digging into those details will help you understand how to better accommodate and attract women to your workforce going forward, and particularly in a COVID world.

In closing, we’ve addressed the critical components a diverse workforce bring to your organization, clients and our industry as a whole. Then we analyzed why you need to know your own numbers and understand where you fall. I outlined three scenarios and possibilities to frame those numbers, but know that it is okay if you don’t fit in a particular box.

There is much work to be done, but awareness of the critical value women bring to the security industry is the very first step.

Ashlee Cervantes holds her Masters in Business Administration from University of California, Davis. She is a seasoned security professional, with over a decade of management experience overseeing teams who specialize in Armed Security and Executive Protection. She is based in Northern California where she serves as the Executive Director of Operations with Guardian Protection Force Inc (GPF). Since 2019 she has served as the Northern California Director of CALSAGA. In her time in the industry Ashlee has grown both teams of security professionals, management and revenues four-fold. 

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Kate

The Californian 2022 Q1 – 5 BENEFITS OF UTILIZING SECURITY OPERATIONS MANAGEMENT SOFTWARE

5 BENEFITS OF UTILIZING SECURITY OPERATIONS MANAGEMENT SOFTWARE

Tony Unfried, CSA360

As the physical security industry continues to evolve, so too has the software being utilized by security companies and their teams. The need for high performance, cost-effective, unified software solutions that help ensure a safe and secure environment has grown dramatically over the last decade.

Benefits of Utilizing Security Operations Management Software for Your Security Company

Regardless of the size or type of security team you manage, implementing security operations management software can alleviate many of the challenges you face today. This will allow you to enhance security risk management and add to the integrity of the overall security plan for your clients.

Let’s take a look at some of the top benefits of utilizing security operations management software to improve your processes and procedures.

  1. Manage Risks Associated with Staffing Gaps

Experiencing staffing gaps is a major challenge in the security industry today, with security companies struggling to achieve optimal staffing. By implementing security management software, you will have the tools needed to address these staffing gaps and manage the guards you have more efficiently.

We know that you are focused on hiring, but your client’s risks don’t stop while you are recruiting new guards. The right software will have features and modules that enhance processes like scheduling and remote monitoring, allowing you to continue managing these risks with a smaller staff.

  1. Increasing Workforce Accountability

Increasing workforce accountability can add a range of benefits to your security company. Having a system that makes tracking accountability seamless is crucial in achieving this accountability.

Software that has digital reporting capabilities will allow your guards to submit accurate and complete documentation and allow you to determine who is producing inaccurate reports. With quick access to documentation, like incident reports and daily activity reports, you will decrease the time it takes to address issues with your guards. Having this level of accountability will enhance the effectiveness of your security team and increase client satisfaction.

  1. Mitigate Risk and Legal Liability with Proactive Security Procedures

Mitigating risk and legal liability is best served by implementing proactive security procedures. These procedures allow you to detect risks before they happen and reduce the impact they have on your clients. You don’t need your staff waiting on an alarm to tell them there is trouble, when they could eliminate it from the start.

The key to this proactive approach is knowledge through data —and the more pieces of data gathered, the greater the likelihood of recognizing vulnerabilities and enhancing your proactive security services. Providing that robust data is a key feature of any good security operations management system.

  1. Simplify Guard Tour Management

Effective security operations management software will feature a guard tour system to help you organize, log and execute guard tours. This feature allows you to simplify your touring processes and make tracking accountability seamless – ensuring that guard tours are completed effectively and efficiently, within the pre-defined time intervals.

The days of scattershot paper reports are gone. An effective guard tour system files a tour report with a simple tap of a smartphone or other mobile device, sending the information straight to your command center. Whether you’re establishing a new guard tour plan or updating an existing one, having this accurate information quickly is invaluable to your team.

A bonus benefit for your security company is that software allows your guards to be freed from tedious data entry. This gives them more time to focus on the more significant aspects of their role

  1. Provide Comprehensive Data Analytics and Reporting

Analytics play such a crucial role in an effective security management system. Having a solid data infrastructure in place helps your company increase awareness, enhance communication, provide accurate documentation, and make data-driven proactive decisions.

Security software that features an incident management solution provides all of the above. The analytics provided present a clear understanding of the ways in which you can improve your operation by having instant access to all incident report data. This real time incident report data leads to better solutions and faster response. When looking for your software solution, be sure to choose a system that can cover all of your needs.

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

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Kate

The Californian 2022 Q1 -SCOTUS TO DECIDE THE FATE OF PAGA WAIVERS IN ARBITRATION AGREEMENTS IN CALIFORNIA

SCOTUS TO DECIDE THE FATE OF PAGA WAIVERS IN ARBITRATION AGREEMENTS IN CALIFORNIA

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

In what could be a seminal ruling for California employers in the fight over out-of-control wage and hour litigation, the Supreme Court of the United States (“SCOTUS”) has recently granted certiorari in Viking River Cruise, Inc., v. Moriana to decide whether federal law permits employers and employees to agree to arbitrate claims individually and waive not just class and representative claims, but California Private Attorneys General Act (“PAGA”) claims, too.

PAGA Refresher

As a brief refresher, PAGA authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. Employees act as “private attorneys general.” Employees can pursue civil penalties as if they were a state agency. Each initial Labor Code violation carries a civil penalty of $100 per employee, per pay period. Subsequent violations are $200 per employee, per pay period. 75% of the penalties go to the State, and 25% of the penalties go to the aggrieved employees. These penalties add up very quickly and employers can face hundreds of thousands or even millions in penalties for technical errors or other unintentional violations!

 

Background of PAGA Waivers

In 2014, in Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal.4th 348 (2014), the California Supreme Court held that waivers of employees’ right to pursue PAGA actions are unenforceable as they violate California public policy. The California Supreme Court also stated that the FAA does not preempt California state law prohibiting PAGA waivers because a PAGA dispute is between the State and the employee, rather than between the employer and the employee.

 

Viking River Cruise, Inc. v. Moriana

In Viking River Cruise, Inc., v. Moriana, the plaintiff worked for Viking River as a sales representative. She sued under PAGA, alleging the employer violated several wage and hour laws under the California Labor Code. Viking River moved to compel arbitration in California state court. The trial court denied the company’s motion to compel and the Court of Appeal affirmed. The California Supreme Court denied Viking River’s petition for review.

Viking River petitioned for certiorari to the United States Supreme Court, arguing that the Supreme Court’s decisions in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), and Epic Systems Corp. v. Lewis, 138 S.Ct. 612 (2018) support the conclusion that the FAA preempts California law, and requires enforcement of arbitration agreements in PAGA actions. In those cases, the Supreme Court held that bilateral arbitration agreements must be enforced, including terms that prohibit class or collective arbitrations.

 

Employer Takeaway:

It is unclear why SCOTUS granted review at this time, but a favorable ruling would be monumental. In short, if SCOTUS rules in favor of Viking River, employers could expand waivers in employment arbitration agreements to include waiver of class and PAGA claims. A decision is expected from SCOTUS in the summer of 2022. Employers are therefore advised to consult with their employment counsel and consider updating their arbitration agreements, as necessary.

If you have questions about the impact this case will have on your business, or have any employment-related questions, please contact the attorneys at Bradley, Gmelich & Wellerstein LLP. We’re here to help.

 

Martin P. Vigodnier, Esq. is a Senior Associate in Bradley, Gmelich & Wellerstein 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.
mvigodnier@bgwlawyers.com

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

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

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

 

About Bradley, Gmelich & Wellerstein LLP

Founded in 2000, Bradley, Gmelich & Wellerstein, LLP is dedicated to providing sound advice and exceptional results for our clients. Our twenty-five plus skilled, dedicated and diverse attorneys represent individuals and businesses of all sizes in a wide variety of business, employment law and litigation matters.
Our firm is very pleased to announce the promotion of Jaimee K. Wellerstein as a named equity partner and our name change to Bradley, Gmelich & Wellerstein, LLP. Jaimee will continue to serve as Employment Law Team Head and work with us to shape the future of the firm. Please note our updated email addresses and website URL in your records!

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Kate

The Californian 2022 Q1 – GENERAL LIABILITY INSURANCE – ARE YOU COVERED?

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GENERAL LIABILITY INSURANCE – ARE YOU COVERED?

Shaun Kelly, Tolman & Wiker, CALSAGA Preferred Broker

Happy New Year and hope everyone is doing well!

Over time, insurance carriers experience losses or events that make them reconsider providing coverage for certain types of exposures under the Commercial General Liability policy. It is important to note that as each insurance carrier evaluates these exposures, they develop their own underwriting guidelines and can or will modify the terms and conditions in their own policies to minimize risk. It is likely that most of you have not read through your entire policy to understand the coverage terms and conditions, unless you have insomnia and have nothing better to do. To assist you in understanding the Commercial General Liability coverage for contract security services, here is the short version of what to look for, “Exclusions”. 

Commercial General Liability (CGL) policies are intended to provide coverage to the Named Insured for their negligence (resulting from the services provided) for bodily injury, property damage, personal & advertising injury to a 3rd party. Most insurance carriers use a standard ISO CGL form and attach endorsements and exclusions to add, remove or limit coverage. We are not going to go through the entire CGL policy, however we are going to discuss some of the exclusions that may be on your CGL policy that you need to be aware of. 

The following “Exclusions” may be part of your CGL policy (Some exclusions may be added back with underwriting approval and additional premium):

  • Terrorism
  • Pollution
  • Communicable Disease
  • Personal and Confidential Information Disclosure (Cyber liability)
  • Employment Practices Liability
  • Employers Liability (Part of Workers Compensation policy)
  • Abuse and Molestation
  • Firearms
  • Unmanned Aircraft
  • Animal exclusion
  • Mobile Equipment (ie. Golf carts, scooters, segways…any vehicle licensed for the public road should be on an auto policy)
  • Cannabis Operations
  • Public/Low Income Housing
  • Airports
  • Crowd Control/Concert Facilities/Sporting Events
  • Liquor Establishments: bars, hotel bars, nightclubs, lounges…
  • Bodyguards: High Profile Individuals/Entertainers/Athletes…
  • Baggage checking
  • Inside Retail/Loss Prevention
  • Convenience Stores
  • Fast Food Restaurants
  • Schools

 

These “Exclusions” may not apply to all policies and your policy may have other exclusions not listed above. If you are providing security services that involves any of the above, please review your policy.

At the end of the day, including all of your operations (client exposures) in your application for Commercial General Liability coverage is critical to obtaining the proper coverage. Policies can be modified to include some of the high risk exposures and remove exclusions, with approval from the insurance carrier. In regards to some of the extremely high risk exposures (for example, Crowd Control/Concerts/Sporting Events, Low Income Housing, Liquor Establishments, Inside Retail/Loss Prevention, High Profile Individuals/Entertainers/Athletes…) that the standard insurance carriers will not accept, specialty insurance carriers are available.

Take care and 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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Aley Moyer

The Californian 2022 Q1 – RETAINING EMPLOYEES IN THE AGE OF EARNED WAGE ACCESS

RETAINING EMPLOYEES IN THE AGE OF EARNED WAGE ACCESS

Jeff Davis,  TEAM Software, Network Partner

Let’s set the stage: it’s 2022. The labor market is still volatile. The number of unemployed persons per job opening is at a record low. We’re hearing leaders in the industry express frustrations about meeting service demands while battling staffing shortages. Retention is (or should be) a key metric in the longevity of your hiring strategies. 

Enter: the age of earned wage access. 

Earned wage access programs are when employers give employees access to their earned wages, even if that request comes before a regular payday. This on-demand pay model is changing the payroll landscape, where alternatives could be pushing your employees to salary lenders (and the accompanying interest) when short-term cash flow needs arise. As an employer, you could be offering a similar source of cash flow and reap the benefit of increased officer retention. 

Before we dive too deeply into the top, let me say this: early wage access programs shouldn’t add processes (or associated costs) to your existing payroll procedures. Most financial wellness programs are built so all the extra work associated with getting your employees’ earned wages to them early happens outside of your current processes. 

How? Typically, an employee pays a small fee to access earned pay on demand. They can do this down to the day, with balances updating after each shift worked. When the program includes a paycheck advance app, employees can gain access to funds even faster, no matter where they are. 

If you’re weighing the pros and cons of implementing an on-demand pay model into your business, consider these study-proven benefits: 

  1. Companies have seen reductions in turnover as high as 90%.
  2. Companies experience decreases in hiring costs related to turnover (a number that has been reported to averaging at least $4,000 per hire). 
  3. Companies have seen increased interest from job applicants. (Plus, consider this: as an early adopter to on-demand pay programs, your job postings have one more way of standing apart from the competition and their benefits packages.)
  4. Employees have reported decreases in finance-related stress (improving employee experience and financial well-being, and productivity on the ops side of your business).

In short, an early paycheck program could be just what you need to strengthen your employee retention strategy and keep your contracts staffed. 

If this is an avenue you’re interested in exploring, start by evaluating the interest of early paycheck access within your workforce. And, know not all programs are created equal. At TEAM, we partner with different providers regionally to make earned wage access even easier, but it’s important to talk to your own legal team to ensure the providers you’re partnering with are adhering to all necessary wage laws and compliance requirements. No financial risk should fall to your company. 

Once you’ve got a system up and rolling, measure metrics like employee satisfaction, retention and turnover. Gauge any new applicant volume and adjust accordingly. As you do, don’t forget about your other hiring and retention strategies to hire (and keep) your staff. 

 

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.

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Aley Moyer

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

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USING SMART SCHEDULING IN YOUR JOB COSTING STRATEGY

Gail Tutt, TEAM Software Business Consultant, Network Partner

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

What’s smart scheduling?

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

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

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

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

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

Flexible scheduling to support smart scheduling. 

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

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


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

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

Scheduling for profits — and retention.

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

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

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

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

Pros:

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

 

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

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Aley Moyer

The Californian 2022 Q1 – SECURITY AND THE RISING TIDE OF CRIME IN THE RETAIL INDUSTRY

SECURITY AND THE RISING TIDE OF CRIME IN THE RETAIL INDUSTRY

Debbie Howlett, TrackTik, Network Partner

Theft has always been an issue for the retail industry. In the past few months, incidents have been rising in several U.S. cities, including San Francisco, Los Angeles, Chicago, and more.

But the rising tide of theft has become more bold and violent in recent months, often taking place in crowded stores in broad daylight by mobs or gangs of thieves. These incidents are forcing an industry already plagued with pandemic lockdowns and disputes over mask requirements to deal with yet another problem.

Rising Statistics

A report released by the Retail Industry Leaders Association and the Buy Safe America Coalition, The Impact of Organized Retail Crime and Product Theft in the United States, provides insights into the actual economic impact of retail crime. The report also discusses the role of organized theft rings that steal merchandise in large quantities to fence on online marketplaces like Amazon and Facebook. 

According to the study, which relied on data provided by some of the largest retailers in the U.S:

  • As much as $68.9 billion worth of products were stolen from retailers in 2019 (pre-COVID).
  • Retail crime results in $125.7 billion in lost economic activity and 658,375 fewer jobs, paying almost $39.3 billion in wages and benefits to workers.  
  • Retail theft costs federal and state governments nearly $15 billion in personal and business tax revenues, not including the lost sales taxes.
San Francisco, Los Angeles Hit Hard by Smash-and-Grab Theft 

Off-duty police officers have been moonlighting as private retail security for years. Still, the city of San Francisco has recently approved a plan to allow off-duty sheriff deputies to be hired as private retail security officers to help deal with the spate of smash-and-grab robberies that have hit the Golden City. 

According to one California-based private security firm, Omni Private Security Services, demand skyrockets in major cities like San Francisco and Los Angeles. They are having trouble keeping up with the demand as retailers deal with an onslaught of smash-and-grab robberies.

In late November of this year, a security officer was shot as he protected a San Francisco Bay Area news crew covering a recent robbery where thieves broke into a clothing store in yet another smash-and-grab theft in the city. In recent months, robberies in the area have become more brazen and violent. According to the California Retailers Association president, Rachel Michelin, “This level of violence has taken it to a whole new level. No one has seen this before.”

In November, over $1 billion worth of goods were stolen from Bay Area stores in smash-and-grab robberies.  In Union Square, luxury retailers like Louis Vuitton, Nordstrom, Burberry, Bloomingdales, Walgreens, and Lululemon – all victims of recent smash-and-grab robberies – have boarded up windows to prevent further incidents. 

As shoppers filled Union Square on Black Friday, heavy police and private security presence were visible outside the boarded-up stores. At the Nordstroms in Walnut Creek, 80 people raided the store and stole merchandise in under one minute, and three employees were kicked, punched, or pepper-sprayed during the incident. At a press conference, Chief Bill Scoot of the SFPD said, “We will flood this area with police officers for the foreseeable future. We will do what we need to do to put an end to this madness.”

In San Francisco’s famous Chinatown, one small independent retailer had $250,000 worth of jewelry stolen in another smash-and-grab incident. With insurance unwilling to cover the loss, it’s unclear whether or not the store can remain open. 

Similar incidents have been reported in the city of Los Angeles. Eight thieves ransacked a Home Depot and grabbed hammers, crowbars, and sledgehammers before fleeing. Bottega Veneta, which sells high-end clothing, was also targeted by thieves. More than $338,000 in goods were stolen in 11 incidents in stores and malls over the Black Friday weekend, causing an additional $40,000 in property damage. 

The thefts, or “flash robs,”  are thought to be part of sophisticated criminal networks that recruit people to steal merchandise and sell it online. Walgreens plans to close five San Francisco stores due to organized retail theft, having already shuttered ten stores in the city. 

Chicago Neighborhood Residents Take Security into Their Own Hands

In the Chicago neighborhood of Bucktown, a group of private armed security guards is set to begin patrolling in an attempt to deal with a rise in carjackings and crime this year. Last month, alone, over 20 armed robberies occurred in the neighborhood. 

In Oakbrook, a Nordstrom was the target of two smash-and-grab burglaries on the same day, while a nearby Louis Vuitton shop by targetted by 14 thieves who stole $120,000 of merchandise. Thieves pulled out garbage bags from their coats and filled them up upon entering the store. Similar robberies have occurred throughout the city at high-end car dealerships and along Chicago’s famous, magnificent mile. 

10 Quick Tips for Making Smash-and-Grab Robberies More Difficult
  1. Hire a security firm to dispatch officers during high-traffic times. The physical presence of a security officer often acts as a deterrent to would-be thieves. Most security firms rely on a security workforce management solution to dispatch officers and communicate with them at all times during a shift.
  2. Equip your officers with state-of-the-art tools and technology to ensure your officers’ safety, like real-time incident reporting and video recording, GPS tracking, checkpoint notifications, and a panic button.
  3. Use an access control system or door buzzer so you can control access to the store, or make sure an alarm sounds when someone enters or exits the store.
  4. Install a video surveillance system with hidden and visible cameras around the premises. Place signage in windows announcing that you have a 24-hour surveillance system in place with footage monitored at all times.
  5. Work with your security firm to analyze data from the security workforce management solution to spot trends, or any areas in or around the store that might provide an easier target for thieves.
  6. Make sure multiple employees are moving around the store at all times. Position an ambassador at the front of the store to greet customers as they enter and immediately offer customer service. The extra attention could be a deterrent to a would-be criminal.
  7. Spread high-value merchandise in showcases throughout the store instead of displaying these items together in one area.
  8. Consider using burglary-resistant glass for your showcase. While it isn’t a foolproof solution, the glass will potentially slow down would-be robbers who want to be in and out of the store as quickly as possible.
  9. Don’t put all the high-value items in one area of the store or showroom. Spread it throughout the store to make it difficult to “grab” all at once. 
  10. Less is more. Don’t overcrowd your window display or storefront with merchandise. Make sure employees can see people acting suspiciously outside the store and that passersby can see inside in the event of a robbery. 

Retail theft is nothing new, but the population is growing weary in a country fed up with a seemingly endless pandemic, lockdowns, mask mandates, and supply chain issues. Like frontline workers in the healthcare industry, security officers are also under enormous pressure to protect the communities, people, and properties they serve. Over the next few weeks, please show your appreciation for the incredible job they have done over the past 21 months to keep us all safe. Say Hello, or Thanks.  

About TrackTik

TrackTik was founded in 2013 and quickly established itself as a market leader with the mission to build better software so its clients can run smarter businesses. TrackTik’s cloud-based technology enables security organizations to connect frontline staff, back office management, and their clients to drive improved operational efficiency and data insights. TrackTik helps security professionals make automated, data-driven decisions with its seamless approach to system connectivity. Headquartered in Montreal, Canada, with offices in the United Kingdom and the Netherlands, TrackTik offers four integrated suites of tools – Security Operations for Guarding, Back Office Management, Mobile Patrol and Dispatch, and Business Intelligence & Reporting Analytics, to help security service companies follow the progression of guards, reduce manual tasks, lower costs, and demonstrate value.

 

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 

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Aley Moyer

The Californian 2021 Q4 – BEWARE OF NEW BSIS INCIDENT REPORTING REQUIREMENTS

BEWARE OF NEW BSIS INCIDENT REPORTING REQUIREMENTS

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

AUTHOR’S CORRECTION AND REVISION:  To clarify some questions raised by this article when it originally published, the Incident Report requirements below are more detailed to reflect that submitting the report to BSIS is required when an employee is discharged, suspended, or reprimanded as the result of being in a physical altercation with a member of the public. (See, “The New Rule,” below with added language.)  Not every employee discharge, suspension or reprimand requires an Incident Report.  Sorry for any confusion.

Earlier this year, California Governor Gavin Newsom signed AB 229 into law. Among other things, this new law expands the duty of California Private Patrol Operators (PPOs) to report “incidents” that occur by security officers on duty.  Not only does it greatly enlarge the obligation and the circumstances of reporting, but citations for failure to report have just increased from $1,000 per violation to $5,000 per violation. Wow!  And this requirement took effect immediately.

 

The New Rule:

The Private Security Services Act, Business & Professions Code § 7583.2 now requires a written Incident Report to BSIS within 7 business days of the occurrence of any of the following:

[Note that the new expanding language is underlined.]

  • Discharge of a Firearm.
  • Physical altercation with a member of the public while on duty that results in any of the following:
    • Arrest of a security guard.
    • Filing of a police report by a member of the public.
    • Member of the public requiring any type of first aid or other medical attention.
    • The discharge, suspension, or reprimand of a security guard by their employer.
    • Any physical use of force or violence on any person while on duty.

 

Vague Terminology

The use of the new vague term, “any physical use of force,” is going to be open to interpretation.  It’s easy to understand that a fist fight, use of a weapon, etc., is a “physical use of force.”  But how about the gray areas?

Does this include a simple hand on the back of the arm guiding someone to an exit?  How about a firm grip?  Does it include moving someone’s hand from in front of an officer’s face?  Does it include putting an arm up as someone approaches an entrance to prevent entry where physical contact is made?

While the terminology may be vague, the impact of the Bureau’s enforcement of this new provision is clear: not only will there be an increase in the frequency of citations for violation of section 7583.2, but there will also be a great increase in the revenue these citations will create for BSIS.

 

Better to Self-Report?

It will be up to each PPO to determine whether or not an incident qualifies under the new “any physical use of force” terminology, and thus reportable to the Bureau.  Of course, most any report can result in BSIS conducting a further investigation to determine whether any other licensing issues should be addressed. (No PPO wants that to occur.)

Remember, reports should provide sufficient detail, but nothing that can be used against your PPO or your security officer in a civil or criminal matter (if possible).  Although these reports are not automatically discoverable under the California Public Records Act (CPRA), if you end up in litigation, a judge could order the production pursuant to a records subpoena. You are at the mercy of a judge on that given day.

LESSON:  If you’re not sure whether or not to report an incident, that should probably tell you something. (That is, you should probably report it!)  If in doubt, always feel free to call your attorneys for some sage advice.

 

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 the Legal Advisor to The California Association of Licensed Security Agencies, Guards & Associates (CALSAGA).

He has been conferred an AV-Preeminent Peer Rating by Martindale Hubbell, the highest rating attainable, and has been named a Southern California Super Lawyer for the past 15 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.

Our firm is very pleased to announce the promotion of Jaimee K. Wellerstein to equity partner and our name change to Bradley, Gmelich & Wellerstein, LLP. Jaimee will continue to serve as Employment Law Team Head and work with us to shape the future of the firm. Please note our updated email addresses and website URL in your records!

 

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Aley Moyer

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

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

Tony Unfried, CSA360

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

Here are three can’t fail suggestions:

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

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

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

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

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

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

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

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

  • Enhance services with improved processes and techniques. 

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

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

  • Provide incident management and proactive response.

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

2. Build a high-quality team of security guards

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

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

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

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

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

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

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

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

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

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Aley Moyer

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

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WORKERS’ COMPENSATION CLAIMS: HOW TO CHOOSE AN OCCUPATIONAL CLINIC

Shaun Kelly, Tolman & Wiker, Preferred Broker

Hello to all and we hope everyone is doing well!

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

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

Things to look for in a clinic:

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

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

Things to ask during your visit to the clinic:

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

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

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

 

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