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

Click here to read The Californian.

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.

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

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.

 

BSIS Updates

CALSAGA Executive Committee members met with BSIS Chief Lynne Andres yesterday. She asks that we pass on these reminders to our members:

  • Due to the ongoing pandemic including the USPS delays, it is imperative that online services through the BreEZe system be utilized. Paper applications are still being received but processing times are much higher than the processing times of applications and renewals submitted through BreEZe.
  • Typos, missing documentation and other errors continue to cause processing delays. It is recommended that applicants confirm the accuracy of information submitted.
    • Applicants should ensure that LiveScan operators are entering the applicant’s social security number when submitting information. The social security number is not a required field and thus is often omitted which may also contribute to longer processing times.
    • Applicant name should match exactly on the application submitted through BreEZe and on the LiveScan form. Name discrepancies will cause processing delays.

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Regulation Reminder

Please remember that although we are in the midst of a pandemic, training requirements are still in place. Make sure that your records are in compliance with California Business and Professions Code 7583.6d:
(d) A registrant who is unable to provide their employing licensee the certificates of satisfactory completion of the trainings required by subdivisions (a) and (b) shall complete 16 hours of the training required by subdivision (b) within 30 days of the registrant’s employment date, and shall complete the 16 remaining hours within six months of the registrant’s employment date.

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Our thoughts are with those currently affected by wildfires. Stay safe and please let us know if we can do anything to assist you. 

Click here to review disaster relief information from the Office Governor Gavin Newsom

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View the Schedule, Speaker Bios and More

Register for the Virtual Annual Conference Now

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

Click here to read The Californian.

CALSAGA President David Chandler, along with several other Executive Board Members, met virtually with BSIS Chief Lynne Andres and BSIS staff this week. After recently returning to the office, BSIS employees are once again working remotely due to a confirmed case of COVID-19 in the office.

On behalf of CALSAGA, Chandler expressed the Association’s appreciation for working with us to expedite guard cards following the issuance of the Governor’s shelter in place order. As of June 1st, the BSIS has resumed normal processing operations.

The Bureau Chief asked us to express the urgent need for all CALSAGA Members to submit both Guard Card and Firearm Applications – both initial and renewals- to the BSIS via the online system BreEZeThe processing time for paper applications is significantly longer than applications submitted online and is currently experiencing additional delays due to the challenges with the pandemic.

BSIS Licensing staff has indicated that typos, missing documentation and other errors continue to cause processing delays. It is recommended that applicants confirm the accuracy of information submitted. Furthermore, applicants should ensure that LiveScan operators are entering the applicant’s social security number when submitting information. The social security number is not a required field and thus is often omitted which may also contribute to longer processing times.

As an association, we strive to support our member companies. Please email Association Manager Kate Wallace at kate@calsaga.org if we can do anything to assist you.

Due to the COVID-19 pandemic, the CALSAGA Board of Directors have elected to transition the 2020 CALSAGA Annual Conference to a virtual format.This decision was made as a safety precaution for our attendees, speakers, sponsors, exhibitors, staff and the public. This also provides the opportunity to expand our program to a broader audience.

CALSAGA has served as a voice for the private security industry for over twenty-five years. Virtual conference attendees can expect great programing and information to help you run your business and make necessary adjustments during these unprecedented times.

Schedule and registration for the Virtual Annual Conference as well as the logistics of the election for the 2021-2022 CALSAGA Board of Directors will be available soon. Please continue to hold the dates of October 20th – 22nd and plan to engage with us digitally from the safety of your own home or office. For the most up-to-date information about the 2020 CALSAGA Virtual Annual Conference visit https://calsaga.org/AnnualConference.

Our intention is to return to physical events in 2021. Please save the date for the 2021 CALSAGA Annual Conference which will take place October 19th – 21st at the Agua Caliente Resort Rancho Mirage.

As an association we strive to keep you up-to-date on relevant information for your business. Please review the information below from Shaun Kelly of CALSAGA Preferred Broker Tolman & Wiker regarding workers compensation benefits and
COVID-19.

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Great news!

On May 6, 2020, Governor Newsom signed an Executive Order announcing that workers who contract COVID-19 while on the job may be able to receive workers compensation benefits. The order made a time-limited rebuttable presumption that COVID-19 worker illnesses are work-related. This created a concern that these claims would be included in the computation of an individual employer’s workers compensation experience modification by the Workers Compensation Insurance Rating Bureau (WCIRB).

In response to the Executive Order, on April 17, 2020 the WCIRB voted to propose amendments to the California Workers’ Compensation Uniform Statistical Reporting Plan with regards to  COVID-19 claims.  One of these amendments was to exclude COVID-19 claims reported to the bureau (WCIRB) for calculating Experience Modifications.  The vote was unanimous and a proposal was made to the Department of Insurance.

On June 15, 2020 the Department of Insurance decided that COVID-19 claims will be excluded from the computation of an employer’s workers compensation experience modification.  This is great news and brings some relief to those dealing with employees who have been exposed to the virus. Take a look at the lightning link pokies real money

If you have any questions, please give us a call.

Shaun KellySr. VP, Risk Advisor
Tolman & Wiker Insurance Services
(661) 616-4712

Read the Decision and Order

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Register Now for the Live Webinar

As an association we strive to keep you up-to-date on relevant information for your business. Please review the information below from Shaun Kelly of CALSAGA Preferred Broker Tolman & Wiker.

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It’s that time of the year again… Heat Illness Prevention season!

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

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

California Code of Regulations, Title 8, Section 3395 Heat Illness Prevention requires all employers to have a Heat Illness Prevention Program which includes the following:

Provide fresh/potable drinking water 
Employers must provide employees with fresh, pure, and suitably cool water, free of charge. Enough water must be provided for each employee to drink at least one quart, or four 8-ounce glasses, per hour and the water must be located as close as practicable to the work area. Employers are also required to encourage employees to drink water frequently

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

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

Agricultural employers must additionally ensure employees take, at a minimum, one 10-minute preventative cool-down rest period every two hours in periods of high heat.

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

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

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

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

Download a sample Heat Illness Prevention Plan

With all of the constant changes and updates required by CalOSHA compliance, if you do not have a dedicated Safety Manager, Tolman & Wiker highly recommends hiring a Safety Consultant to make it easier on you to stay current. Tolman & Wiker has worked with EEAP/Got Safety for many years to customize Safety Plans and keep clients compliant, especially lately with COVID-19. At this time, EEAP/Got Safety has partnered with Tolman & Wiker to provide CALSAGA clients with a reduced rate which is very reasonable. Please let them know that Tolman & Wiker referred you and they will take care of you.

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

Be safe and call Tolman & Wiker if you need assistance!

Shaun KellySr. VP, Risk Advisor
Tolman & Wiker Insurance Services
(661) 616-4712

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View all COVID-19 Related Updates + CALSAGA’s Response to the Pandemic

Register Now for the Live Webinar