Updates and Training Opportunities

We hope that your 2021 is off to a great start.
Keep reading for important updates and training opportunities.

Vaccine Distribution

As we reported last month, CALSAGA President David Chandler made a formal request to Governor Gavin Newsom for private security industry personnel to be placed in the same tier for Covid-19 Vaccine Distribution as law enforcement and first responder personnel. Review CALSAGA’s Request to Governor Gavin Newsom

Our current understanding is that private security will be included in Tier 1B. Individuals 65 and older are also in Tier 1B and are now able to receive the vaccine. Once we receive further information about the full rollout of Tier 1B, we will inform members.

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CALSAGA’s Sexual Harassment Prevention Training received an update for 2021!
Produced in partnership with Anne Laguzza of The Works Consulting, this training complies with The California Department of Fair Employment and Housing Section 12950.1
As a reminder, employees and supervisors of all companies in California with 5 or more employees must complete Sexual Harassment Training every two years.

Purchase Sexual Harassment Training

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Register Now for Security University Lite Webinar

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Did You Know?

The CALSAGA Charitable Foundation was established for the benefit of the employees and family members of CALSAGA member companies. The Foundation’s purpose is to provide financial support for college education and continuing professional education, as well as providing financial assistance to those CALSAGA members, member employees, and their families who suffer severe injuries or casualties.

In 2020 the CALSAGA Charitable Foundation contributed funds to assist with transporting the body of a security officer who was killed in the line of duty and provided financial support to security officers who lost their homes due to wildfires.

CALSAGA appreciates your help in creating and maintaining a fund which will allows us to do the aforementioned.

Contribute to the CALSAGA Charitable Foundation

Important Year-End Reminder


As an association we strive to keep you up-to-date on relevant information for your business. Please review the information below from Jaimee Wellerstein of CALSAGA Legal Advisor Bradley & Gmelich and Anne Laguzza of CALSAGA Network Partner The Works Consulting regarding ensuring that your Employee Handbook is 2021 ready

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Dear CALSAGA Member:

It is time to review your Employee Handbook!

Although it is recommended that you review and update your Employee Handbook annually, as California law continually changes, 2021 brings with it particularly important and unique new considerations and requirements. Here are just some key changes:

  • New Expanded Employee Leave Requirements: Effective January 1, 2021, the California Family Rights Act (CFRA) will now apply to employers having as few as five employees (before, it applied only to larger employers with 50 or more employees), and will also expand and extend leave rights to employees who care for grandparents, grandchildren, siblings, adult children, and other family members with serious medical conditions.
  • New COVID-19 Leave Provisions: The Families First Coronavirus Response Act (FFCRA) and COVID-19 Supplemental Paid Sick Leave laws were passed earlier this year, providing expanded emergency family and medical leave, as well as emergency paid sick leave. While they were originally set to expire at the end of 2020, it looks like the pandemic will require these leave provisions to be extended into the new year. If you haven’t already implemented FFCRA and COVID-19 sick leave policies and incorporated them into your Employee Handbook, now is the time to do so.
  • Cal/OSHA Workplace Safety Plans: COVID-19 isn’t going anywhere any time soon. With COVID-19 has come a wave of new workplace safety rules, Cal/OSHA compliance standards, and COVID-19 prevention and reporting requirements. If you haven’t already developed a Cal/OSHA compliant workplace safety plan, this should be a priority.

We are fast approaching the end of this unprecedented year, and if you haven’t started your compliance review and updates yet, it may be a little challenging to complete it by the beginning of the year. So, what should you do? Never fear, help is here!

  • First, review your entire Employee Handbook cover to cover and make sure that any internal policy or practice changes are accurately reflected in your written materials.
  • Next, engage an employment attorney or human resources consultant to review the Employee Handbook and incorporate any new requirements in regards to revised and/or new laws and regulations.
  • Then, finalize the Employee Handbook and re-distribute to all employees.
  • Obtain signed acknowledgement forms from each employee confirming receipt of the Employee Handbook, At-will Employment and Harassment Prevention policy.
  • Finally, ensure that you train your staff and/or management personnel to implement the policies and practices set out in the Employee Handbook, and seek guidance or counsel from your employment attorney or human resources consultant if you require any clarification.

This year, maybe more than ever, employers should make the review of company policies and procedures a top priority!

Jaimee Wellerstein, Partner and Employment Team Head, Bradley & Gmelich LLP and Anne Laguzza, CEO, The Works Consulting are available to discuss how they can help support your business through this process.

Jaimee K. Wellerstein, Esq.
Bradley & Gmelich LLP
818-243-5200
jwellerstein@bglawyers.com
www.bglawyers.com

Anne L. Laguzza, M.A.
The Works Consulting
562-597-4932
alaguzza@theworksconsulting.com
www.theworksconsulting.com

Breaking: Regional Stay at Home Order Announced

Breaking News Regarding COVID-19

On Thursday, December 3rd Governor Gavin Newsom announced a Regional Stay at Home Order. The order will go into effect within 48 hours in regions with less than 15% ICU availability. As of today, the order has not been extended to any region but is expected to be enacted within a few days. Once enacted, the order will be in place for 3 weeks.

Learn more about the Regional Stay at Home Order

 

As a reminder, the private security industry is classified as essential. Included as one of the sixteen Critical Infrastructure Sectors, the Emergency Services Sector website states:

The ESS also includes private sector resources, such as industrial fire departments, private security organizations, and private emergency medical services providers.

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In March CALSAGA recommended that you draft a letter for your officers to carry on their person while on duty. We are now issuing that recommendation again.

Depending on your area, it may be required by local law enforcement, other civilian authorities or potentially military personnel to justify employee movement; it may also provide some reassurance to your officers. The letter should include the following:

  • Company Name
  • Confirmation that the person in possession of the letter is a representative of the company and is providing essential physical security, safety and/or critical support services
  • Contact information for the purpose of validating or confirming the services being provided and/or employment status

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CALSAGA will continue to update you on matters that effect you and your business. We appreciate the hard work of you and your employees. Please let us know what we can do to assist you.

Stay in the know! Read the latest edition of The Californian: The Quarterly Newsletter of CALSAGA. You can also review all past editions of The Californian.

CALSAGA Founder Passes Away

Breaking: Stay at Home Order Issued

The 2020 Fourth Quarter Edition of The Californian is Now Available

The 2020 fourth quarter edition of The Californian: The Quarterly Newsletter of CALSAGA is now available!

Click here to read The Californian.

Annual Conference Recap and Election Announcement

The 2020 Annual Conference was definitely different from any that CALSAGA has held. The decision to hold the conference in a virtual format was made as a safety precaution for our attendees, speakers, sponsors, exhibitors, staff and the public.

Behind the Scenes Annual Conference recording session at the offices of Bradley & Gmelich

We appreciate our conference speakers who, despite the change in format, provided great content and important information that our members need in order to operate their businesses as efficiently as possible and to stay in compliance! Many of our presenters conducted Live Q&A sessions to ensure that attendees still had the opportunity for engagement. In addition, the community board and chat features helped us all feel a little more connected during this strange and unprecedented time.

For the first time in conference history, the closing session featured a roundtable discussion with our experts on the subjects of BSIS Compliance, Insurance, Human Resources and Legal.

Live Roundtable Panel Top Row: David Chandler, Kate Wallace, Anne Laguzza Middle Row: Gary Bradley, Shaun Kelly, Barry Bradley Bottom Row: Jaimee Wellerstein

If you were registered for the conference, you will have access to watch the sessions and visit the Virtual Exhibitor Hall until Thursday, November 5th.

Attendees were able to visit our sponsors and vendors through the Virtual Exhibit Hall. In their virtual booth, sponsors and vendors were able to share product and service videos, chat with interested attendees, offer promotions and contests and more!

Presenting Sponsor

Tolman & Wiker

Gold Sponsors

CSA360 Software

Defencify

HUB International

Philadelphia Insurance Companies

TrackTik

TSIB

Silvertrac

Silver Sponsors

El Dorado Insurance Agency

ProtaTECH

TEAM Software

UniPro International

Participating Sponsors

Bradley & Gmelich

Chandler Consulting

The Works Consulting

Exhibitors

American Bike Patrol

The Grunt K-9 Services Team

GuardsLink

Provident Credit Union

The conference included the announcement of the results of the election for the 2021 – 2022 CALSAGA Board of Directors.

Congratulations!

President – David Chandler

Vice President – Mark Tsuji

Vice President – Aleda Sebenick

Treasurer – Mark Miller

Secretary – Mike Smidt

Director (Northern CA) – Ashlee Cervantes

Director (Northern CA) – Nils Welin 

Director (Southern CA) – Gary Bradley

Director (Southern CA) – Hugo Rodriguez

The Board will be determining the two At-Large Directors in January.

Save the Date for the 2021 CALSAGA Annual Conference October 19 – 21, 2021.

Employer Update

As an association we strive to keep you up-to-date on relevant information for your business. Please review the following important communication from CALSAGA’s Legal Advisor Bradley & Gmelich LLP_

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CALIFORNIA ENACTS NEW LAW EXPANDING SUPPLEMENTAL PAID SICK LEAVE REQUIREMENTS

On September 9, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 1867
Supplemental Paid Sick Leave for Large Employers
The new supplemental COVID-19 paid sick leave (CPSL) law essentially aims to fill the gaps left by the Families First Coronavirus Response Act (FFCRA) – which only applies to private sector employers with fewer than 500 employees – by mandating that private sector employers with 500 or more employees in the United States provide supplemental paid sick leave to any employees that leave their homes in order to perform work for their employer. The new law also provides paid sick leave benefits for employees that were excluded from coverage under the FFCRA as emergency responders or health care providers, and sets out unique rules regarding food sector workers, fire departments, and forestry workers.
Amount of CPSL Entitlement
The amount of supplemental CPSL an employee is entitled to receive will depend on whether they are “full” time or not “full” time, as defined by the bill.
“Full” Time: Covered employees are entitled to 80 hours of CPSL if the hiring entity considers the employee to be “full” time, or if the employee worked or was scheduled to work at least 40 hours per week, on average, in the two weeks prior to the leave.
Not “Full” Time: Covered employers are required to provide employees that are not “full” time with proportionate CPSL, as follows:

1.   If the employee has a normal weekly schedule, they are entitled to receive an amount of CPSL equal to the total number of hours the employee is normally scheduled to work over a two week period.
2.  If the employee works a variable number of hours, they receive 14 times the average number of hours worked each day in the six months preceding the date they took leave. If the employee worked for the employer over a period of fewer than six months, but more than 14 days, this calculation would instead be made over the entire period the employee has worked.
3.  If the employee works a variable number of hours and has worked for the employer over a period of 14 days or fewer, they are entitled to receive an amount of CPSL equal to the total number of hours worked for the employer.

Note that the bill sets out special rules for food sector workers, active firefighters, and forestry workers, which are not discussed here.
CPSL Covered Uses
Supplemental CPSL may be used when a covered employee is unable to work for the following reasons:

1.   The employee is subject to a federal, state, or local quarantine or isolation order related to COVID-19;
2.  The employee is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; and/or
3.  The employee is prohibited from working by the employer due to health concerns related to the potential transmission of COVID-19.

Employers must make CPSL available for immediate use upon the employee’s oral or written request. The bill does not make clear what supporting documentation may be required in order to substantiate the need to take leave, if any.
Rate of Pay
CPSL must be compensated at a rate of pay equal to the employee’s regular rate of pay for the last pay period, or the state or local minimum wage, whichever rate is higher. In either case, the law caps the maximum amount of pay an employer must provide for CPSL at $511 per day and $5,110 in the aggregate. Payment for CPSL must be made no later than the payday for the next regular payroll period after the leave is taken.
Pay Stub Requirements
While the new law does not itself contain any new pay stub requirements, it incorporates certain provisions of the existing California sick leave law, inclusive of its pay stub requirement, as set out in Labor Code section 246 (i). Labor Code section 246 (i) requires that employers provide employees with written notice of the amount of paid sick leave they have available on their itemized wage statement, or in a separate writing provided on the designated pay date, with the employee’s payment of wages. Thus, this pay stub requirement also applies to the new supplemental CPSL entitlements provided by AB 1867.
Posting Requirements
The new law requires the Labor Commissioner to provide a model notice for employers to use for purposes of complying with posting requirements, as it relates to supplemental paid sick leave. If a hiring entity’s covered employees do not frequent the workplace, the bill allows employers to satisfy the notice requirements by communicating the notice by electronic means, such as by e-mail, in lieu of posting in the workplace.
Effective Date and Expiration
The new supplemental CPSL law will expire on December 31, 2020, or upon the expiration of any federal extension of the Emergency Paid Sick Leave Act established by the FFCRA, whichever is later.
Employer Takeaway:
The enactment of AB 1867 serves as a reminder to employers to revisit company policies and practices to ensure that they comply with the ever-changing laws in the midst of COVID-19. 
Do you have questions about the new supplemental paid sick leave law or any other pressing employment law issues? Contact your attorneys at Bradley & Gmelich LLP. We are here to help.
Ki Lin Tay is a Senior Associate Attorney at Bradley & Gmelich LLP. Ki Lin focuses her practice on representing employers and providing strategic advice and counsel in all aspects of employment law and workplace matters, including employment law and human resources compliance, workplace investigations and audits, wrongful termination, discrimination, retaliation, harassment, misclassification, wage and hour, and contract matters. Ki Lin has broad experience representing employers in her legal practice, and in-house as company legal counsel, and regularly provides employment counseling, workplace training programs, and develops company policy and handbooks to mitigate and manage legal risk. ktay@bglawyers.com

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.

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

Election Timeline

NOTICE OF CALSAGA BOARD OF DIRECTORS NOMINATIONS:


CALSAGA is pleased to announce that the nominations period is now open for members who are interested in serving on the 2021-2022 CALSAGA Board of Directors. Elected Board Members will serve a 2-calendar year term on the Board of Directors, commencing January 1, 2021. The deadline for nomination submissions is the close of business, Friday, September 18, 2020.
The 11 Directors on the Board are responsible for the governing, operations, planning, and general business matters of CALSAGA. We are a non-profit corporation and are governed by our bylaws, articles of incorporation, and state law. The Board meets every other month and Directors must make a commitment to attend these meetings. It is largely due to the commitment of our Board members, and all other volunteers, that CALSAGA has been successful over the past 25 years in representing the security industry’s interests in California.

ELECTION APPOINTMENT AND PHASES:

The election and appointments are done in 3 Phases:
  • Phase I – Executive Committee
  • Phase II – Northern/Southern California Directors
  • Phase III – Directors-At-Large: Will be appointed by the new Board of Directors after they take office in January 2021.

Phase I and Phase II will be voted upon electronically by the membership (see timetable below)

AVAILABLE POSITIONS: 

Note: Candidates can submit nominations for both the Executive Committee and for the Northern/Southern California Director Positions. If a candidate is first elected to the Executive Committee, their name will be withdrawn prior to the Phase II vote for the Northern/Southern California Positions.
Executive Committee Directors [Without regard to geographical location in California]:

  • President
  • Vice President
  • Vice President
  • Treasurer
  • Secretary

Directors

  • Northern California Director
  • Northern California Director
  • Southern California Director
  • Southern California Director

Non-Elected Appointed Positions
Note: There is no election. These positions will be appointed by the new Board of Directors after January 1, 2021 at the first Board of Directors Meeting in January 2021. Submissions of Interest will be accepted prior to the January 2021 Board of Directors Meeting.

  • Director-At-Large
  • Director-At-Large

 

ELIGIBILITY:

Nominees must be a primary or secondary contact of a Private Patrol Operator, Proprietary Security Employer or Private Security Training Facility member-company of CALSAGA whose membership and dues are current as of September 1, 2020.

Executive Committee Nominees must also have served in some other prior leadership capacity, either in another Board position (Regional Director or Director-at-Large) or chaired a CALSAGA Committee. The Board may waive these requirements if petitioned.

Please contact the CALSAGA staff for a copy of the by-laws setting forth the specific requirements if you have additional questions.

NOMINATION PROCESS:

Self-Nominations are accepted, as are nominations for another CALSAGA member. To issue a formal nomination, please email the following information to the CALSAGA team:

  • Your Name
  • Name of Nominee and Company 
  • Nominated Position

Nominations can be sent to our Program Manager, Kris Smidt at kris@calsaga.org and must be received no later than 5:00pm on Friday, September 18, 2020.

Once verified for eligibility, nominees will be contacted by the CALSAGA Nominations Committee, and each nominee will have the opportunity to submit up to a 60 second video for distribution to membership on Monday, October 5, 2020 (Video Candidate Statement Submissions along with a photo must be received by kris@calsaga.org by 5:00pm Monday, September 28, 2020).

VOTING:

Each company that is eligible will have one vote. Company members are responsible for determining who will cast their vote.

Due to the virtual format of the 2020 CALSAGA Annual Conference and Exhibits, all voting will be electronic. Electronic ballots will be issued on Monday October 5, 2020 along with the video statements prepared by those seeking election. Electronic votes must be received no later than 5:00pm on Friday, October 16, 2020.

Announcements will be made for the 2021-2022 Board of Directors on Wednesday, October 21, 2020.

NOMINATIONS COMMITTEE:

If you have questions or concerns, please direct them to the following:
Nominations Committee Chair and CALSAGA Legal Advisor,
Barry Bradley
bbradley@bglawyers.com
818-243-5200

CALSAGA Program Manager,
Kris Smidt
kris@calsaga.org
714-824-7015

CALSAGA Association Manager,
Kate Wallace
kate@calsaga.org
916-930-0552

ELECTIONS TIMELINE:

The schedule of the voting process is as follows:

 

 

 

Tuesday, September 1, 2020

CALSAGA Members (PPO’s, PSE’s and PSTF) must be current with their due payments and be members in good standing on this date to participate in the election.

 

Election Announced and Nominations will be accepted.

 

Friday, September 18, 2020, 5:00 pm

 

Last day for Candidate Nomination Submissions.

 

Monday, September 28, 2020, 5:00 pm

 

Candidate Video Statements + Photo Due.

 

Monday, October 5, 2020

Distribution of video statements and Electronic Ballots.
 

Friday, October 16, 2020, 5:00 pm

 

Deadline for electronic ballots.

 

Wednesday, October 21, 2020

 

Announcement of CALSAGA Board of Directors

 

January 2021

Two At-Large Directors Appointed by the New Board of Directors at first Board of Directors Meeting.