Are your lactation accommodations compliant?

As an association we strive to keep you up-to-date on relevant information for your business. Please review the following important information below from CALSAGA Network Partner Bradley & Gmelich.

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LACTATION ACCOMMODATION – HOW TO STAY COMPLIANT WHEN YOUR EMPLOYEES WORK OFF SITE

By Annette M. Barber, Esq.

California Labor Code Section 1030 requires every employer to provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child and establishes the type of location required.  But how does an employer comply with these requirements when the employee requesting the accommodation does not work on the employer’s premises?

1. Establish a policy and procedure for requesting an accommodation.
Communicate to your employees the Company’s policy supporting the need for lactation accommodation and the procedure required to request an accommodation.  Do not leave it up to your supervisors alone to handle this issue, or if you do, make sure they are trained on how to handle the request and how to make an accommodation.  You may not require a doctor’s note or any other medical documentation.

2. Ensure proper break time.
The break time to express breast milk should run concurrently with any break time already provided to the employeeRest breaks must be provided for a “net” ten minutes twice in an 8 hour shift, which should occur before and after a meal period.  An employer must provide additional time if the employee requests it, but that break time will be unpaid. Please note that an employer is not required to provide an employee break time for purposes of lactating if to do so would seriously disrupt the operations of the employer.  It is recommended that an employer be very cautious about denying this accommodation.

3.  Designate a location for lactation at the employee’s assigned site.*
You will need to review the work site and you may need to have a discussion with the client to determine how best to comply with the legal requirements.  If the site does not have a permanent, designated lactation area, you will need to establish a temporary location.  You will need a room or other location, other than a bathroom, in close proximity to the employee’s work area, for the employee to express milk in private, which means free from intrusion. It may include the place where the employee normally works if it can meet the privacy requirement. Although the law does not require a lock on the door, it is recommended because a sign could be ignored.  A private office or a conference room may be used as long as it is private and the employee is not interrupted.  Individual stand-alone lactation pods are now on the market and may provide another option if it is difficult to establish a private place in the workplace.

A car is not considered an appropriate location for privacy reasons, even if it is the employee’s car. The windows would allow others to look in and it would not have an electrical outlet required for pumping.  Also, you cannot ask the employee to go home, even if the employee lives close to the work site, as it would not satisfy the requirement of close proximity to the employee’s work area, which is considered generally to be on the same floor, in the same building, etc.

As a last resort, if due to the size, nature and structure of your business, it is an undue hardship to have another location (which you will need to prove), a bathroom can be used, as long as it is not a bathroom stall, and there is a private sitting area.  Alternatively, and again as a very last resort, you can offer the employee the opportunity to transfer to another site that has the ability to accommodate lactation, but at no loss of any kind to the employee.

Be reasonable and conservative in your approach with dealing with lactation accommodation.  The California Labor Commissioner may issue a citation and impose a $100 civil penalty for each violation, but more importantly, an employee can bring a claim of discrimination if an accommodation is not provided.  For further guidance on this or any other employment issue, contact the attorneys at Bradley & Gmelich, LLP.

*Please note the City of San Francisco has a Lactation in the Workplace Ordinance that has additional requirements.

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Want to hear more from Bradley & Gmelich?
Register for the CALSAGA Annual Conference and Exhibits!
Bradley & Gmelich Partners Barry Bradley and Jaimee Wellerstein will be presenting a Legal Update to help you prepare for new laws that will concern your business! In addition, Associate Steven Hyun will tackle the complicated topic of Cannabis in California. You won’t want to miss either session!

New Functionality of the CALSAGA Training Database

New Functionality of the CALSAGA Training Database

Did you know?
CALSAGA offers exclusively to members a database that allows companies to track officers’ training and to generate certificates that are BSIS-approved and compliant with the law.

In 2016 the database underwent a complete overhaul making it much more user-friendly and increasing the functionalities.

If you are a CALSAGA PPO or PSTF member, there is no additional cost to create serially numbered certificates that satisfy the requirements of AB 2880 training documentation.

Log in to the CALSAGA Member Portal now.

Based on your feedback, we have expanded the functionality of the database for PSTF members! New functionalities include the ability to create certificates for:

Firearms Certification & Requalification

Baton

Chemical Agents_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

As we recently reminded you, per Section 7583.2(f) of the Business and Professions Code certificates for firearms re-qualifications must state that an officer is proficient in the use of specified caliber(s). If you elect not to utilize the CALSAGA Database, please audit your certificates to ensure that you are in compliance with this regulation. The BSIS has started issuing citations with each carrying a fine of $1750.00!

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Request the Ability to Create Certificates for Firearms, Baton and/or Chemical Agents

In order to create certificates your company must have a valid TFF and/or TFB certificate number.

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Need help with the database?

Check out the Member Portal & Training Database Tutorial

Last Chance To Register For Security University

This is your last chance in 2019 to attend CALSAGA’s management training program Security University!
Registration will close this Friday at 5:00pm or when the event sells out. 

Our last Southern California session of Security University sold out early so don’t miss your opportunity to attend this valuable training.

Security University
August 14th – 15th
M3 Live Event Center
Anaheim, CA 92802

Just $99 per day or $185 for both days, the event includes a light breakfast and a buffet lunch.

The program, which is valuable for both industry veterans and new PPO license holders, includes advice for avoiding Legal Pitfalls, protecting your business with Contracts, BSIS Compliance and AuditsBest Human Resource Practices and more! Click here to view the full schedule.

Register Now for Security University

See what attendees of past sessions have to say about Security University:

This event is sponsored by:

Upcoming Events and CALSAGA Annual Awards Nominations

This week in Fresno we held Security University Lite which is an abbreviated version of our management training program. If you missed it, you still have opportunities for continuing education and professional development in 2019!

Security University, Orange County –  August 14th – 15th
Annual Conference & Exhibits,  Rancho Mirage –  October 15th – 17th

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Register Now for Security University

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Register Now for the 2019 CALSAGA Annual Conference

Annual Conference Travel Info and FAQ

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Do you know a security professional deserving of recognition? Let us know!
Each fall at the CALSAGA Annual Awards Dinner we honor exemplary professionals in the private security field.
Awards presented include Valor Award, Lifesaving Award, Security Officer of the Year and the Al Howenstein Lifetime Achievement Award.

Click here for criteria and nomination information for the Valor Award, Lifesaving Award, Security Officer of the Year.

Click here  for criteria and nomination information for the Al Howenstein Lifetime Achievement Award.

The winner for each of the awards and a guest will be invited to attend the Annual Conference for the awards ceremony with hosted registration.
Nominations must be received by August 30, 2019 at 5:00 pm.
Awards will be presented on October 16, 2019 at the Awards Dinner in Rancho Mirage, CA.

Compliance Deadline Approaching for Workplace Retirement Savings Program

Did you know?

In 2016, Governor Brown signed Senate Bill 1234 requiring the State’s Secure Choice Retirement Savings Investment Board to begin development of a workplace retirement savings program, known as CalSavers, for private sector workers whose employers do not offer a retirement plan.  The program is required to have minimal administrative requirements for employers and state law protects employers from any liability or fiduciary responsibilities. State law also requires the program to be exempt from the Employee Retirement Income Security Act.

The program launched a pilot initiative with a small group of participating employers in November 2018.  Beginning in July 2019, all eligible employers can register for the program.

According to EDD, employers with five or more employees will be required to either provide a retirement plan for their workers or register for CalSavers and facilitate employees’ contributions to Individual Retirement Accounts.  Deadlines for compliance vary according to the size of the business.

 

CalSavers compliance deadlines, by business size:

Size of Business Deadline

Over 100 employees           June 30, 2020

Over 50 employees              June 30, 2021

5 or more employees          June 30, 2022

For more information, visit CalSavers on the California State Treasurer’s website

 

What does this mean for employers?

If your company does not already have a retirement plan in place, this new requirement may create administration hurdles. Payroll processing companies will likely expand their services to offer processing of employee contributions. 

CalSavers accounts will be Roth IRAs and will be an opt-out program which means that, unless the employees affirmatively opt-out within 30 days, they will be enrolled in the program. The employer will be required to submit contributions for each participating employee via a payroll deduction. The default savings rate is 5% of gross pay with an annual increase of 1%, capping at 8% of gross pay.  Employees will have the option to adjust the percentages. 

As an association we strive to keep you up-to-date on relevant information for your business. We will keep you updated on CalSavers as additional information becomes available.

Upcoming Training Opportunities

There are so many upcoming opportunities for training and professional growth!

Check out what others are saying about Security University!

Learn More About Security University

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The CALSAGA Annual Conference & Exhibits is our biggest event of the year! The program includes information that you need in order to run your business efficiently, the chance to hear from BSIS officials, opportunities for networking with industry peers and more!

Register for the Annual Conference

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Do you know a security professional who has gone above and beyond? Nominate him or her for one of our annual awards!

Click here for criteria and nomination information for the Valor Award, Lifesaving Award, Security Officer of the Year.

Click here for criteria and nomination information for the Al Howenstein Lifetime Achievement Award.

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Don’t wait to get in compliance with Sexual Harassment Training Requirements!

Purchase Sexual Harassment Training

*Note for CALSAGA Members: Exclusive member-pricing for Sexual Harassment training is available!
Log in at www.calsaga.org/login and click “Training.”

CALSAGA Annual Awards Nominations Now Open

Each fall at the CALSAGA Annual Awards Dinner we honor exemplary professionals in the private security field.
Awards presented include Valor Award, Lifesaving Award, Security Officer of the Year and the Al Howenstein Lifetime Achievement Award.

2018 Lifesaving Award Recipient George Oliver Carter

Do you know someone who is deserving of such recognition?
Don’t let their efforts go unnoticed!

Click here for criteria and nomination information for the Valor Award, Lifesaving Award, Security Officer of the Year.

Click here  for criteria and nomination information for the Al Howenstein Lifetime Achievement Award.

2018 Al Howenstein Lifetime Achievement Award Recipient L. Earle Graham with Al Howenstein

 The winner for each of the awards and a guest will be invited to attend the Annual Conference for the awards ceremony with hosted registration.
Nominations must be received by August 30, 2019 at 5:00 pm.
Awards will be presented on October 16, 2019 at the Awards Dinner in Rancho Mirage, CA.

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Register Now for the 2019 CALSAGA Annual Conference

Security University August And Lite Announcements

If you missed the opportunity to attend our management training program Security University last month because it sold out – don’t worry! We have added an additional session.

Don’t miss your chance to attend this valuable training!

Security University Lite is a five-hour program focusing on BSIS Compliance and Regulation.

Security University is a two-day program covering a variety of topics including Contracts, Pricing, Legal Pitfalls, Staffing, Termination and more.

Click here for more information about Security University.

Purchase Security University Lite Tickets

Purchase Security University Tickets

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On-demand interactive sexual harassment training that complies with SB 1343 is now available!

Volume and CALSAGA member discounts are available.

Learn more about CALSAGA Sexual Harassment Training

CALSAGA Members, make sure to log in before purchasing to receive the discounted rate.

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Don’t forget to make plans to attend the CALSAGA Annual Conference& Exhibits October 15th – 17th in Rancho Mirage!

Visit the CALSAGA Annual Conference & Exhibits page for complete details.