The 2019 fourth quarter edition of The Californian: The Quarterly Newsletter of CALSAGA is now available!
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 Legal Advisor Bradley & Gmelich LLP.
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Last year, new sexual harassment training requirements were adopted for California employers, requiring such training by qualified individuals. Under the new law, employers in California having 5 or more employees must provide sexual harassment training to all non-supervisory employees, and to all supervisors. (Previously the requirement for supervisor training only applied to employers with 50 or more employees.)
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California Governor Gavin Newsom recently signed urgency legislation in late August, 2019 extending the deadline from January 1, 2020 to January 1, 2021 for most employers to complete the training requirements. However, the legislation imposes different requirements on “temporary services employers” as defined in Section 201.3 of the California Labor Code. With very limited exceptions, Section 201.3 specifically provides that private patrol operators licensed to employ security guards are considered “temporary services employers.”
Based on our review of both last year’s bill (SB 1343) and this new extension (SB 778), the deadline for private patrol operators to provide training to existing non-supervisory temporary services employees is extended to January 1, 2021. However, all new hires that are hired after January 1, 2020 must receive their training within 30 days of hire, or within their first 100 hours of service, whichever comes first. (This is broken down for you below.)
The good news is that for those private patrol operators who have already diligently provided the required training, the new law states that they do not have to provide any refresher training to those employees for two years from the date of that training.
Remember, private patrol operators are considered to be “temporary services employers” under Labor Code section 201.3. This is true regardless of how long you intend to provide security services at a given client site. So, unfortunately, the requirement of training all new hires within 30-days of hire applies to PPO’s starting January 1, 2020.
Here is a bullet point summary of our interpretation:
Original Law: AB 1825 (2004)
- Employers with 50 or more employees have to train all supervisors regarding sexual harassment prevention within 6 months of the date of hire or promotion into a supervisory position.
- Provide 2 hours of refresher training every 2 years.
- Effective 1/1/2006.
#MeToo Bill: SB 1343 (2018)
- By 1/1/2020, Employers with 5 or more employees must provide training in the prevention of sexual harassment:
- 2 hours to all Supervisors
- 1 hour to all other employees
- Refresher every 2 years
- TEMPORARY EMPLOYERS: (LC 201.3) Beginning 1/1/20: All newly hired PPO employees who are hired after 1/1/2020 must receive the training within 30 days or 100 hours of being hired (whichever occurs first). Supervisors who are promoted into that position must receive supervisory training within 6 months of the promotion.
#MeToo Extension Bill: SB 778 (2019)
- By 1/1/2021, All Employers with 5 or more employees must provide training in the prevention of sexual harassment:
- 2 hours to all Supervisors
- 1 hour to all other employees
- Refresher every 2 years
- Any employer who has provided the training to existing employees in 2019 shall not be required to provide such employees with refresher training again until 2 years from the date given.
- [No Change — TEMPORARY EMPLOYERS: Beginning 1/1/20: All newly hired PPO employees who are hired after 1/1/2020 must receive the training within 30 days or 100 hours of being hired (whichever occurs first).]
SB 778 — IMPACT ON PPO’s:
- All non-supervisory employees hired any time prior to 12/31/2019 must receive their training by 1/1/2021. (Extends time for existing employees.)
- All supervisors hired or promoted to a supervisory position prior to 12/31/19 must receive training within 6 months of their hire or promotion.(No change from prior law regarding supervisors.)
- All supervisory and non-supervisory employees hired after 1/1/2020 must receive their respective training within 30 days of hire or within their first 100 hours, whichever comes first. (No change from prior law.)
- Any employer who has provided the training to existing employees in 2019 shall not be required to provide such employees with refresher training again until 2 years from the date given. (Exempts employers who diligently gave training in 2019 from providing any additional training for 2 years to those employees and supervisors.)
While your own legal advisors may interpret the training requirements codified in Government Code 12950.1 and the definition of whether PPOs are “temporary services employers” differently, we take a conservative positon based upon the plain language of the statute. Of course, this is not meant to be legal advice and we recommend you consult with your attorneys if you need further clarification.
Finally, remember that the sexual harassment training required by these laws is now the minimum standard. We encourage you to provide regular and ongoing training on sexual harassment and discrimination issues.
Last week CALSAGA hosted its 2019 Annual Conference & Exhibits in Rancho Mirage. The CALSAGA team has heard from multiple attendees that this was the best conference yet and is inclined to agree!
The association appreciates our strong working relationship with the Bureau of Security and Investigative Services. Bureau Chief Lynne Jensen Andres and Deputy Chief Samuel Stodolski presented attendees with a status update of the bureau. In addition, the pair took attendee questions from the stage as well as from individuals following the session.
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Kicking off the General Sessions, veteran presenters Barry Bradley and Jaimee Wellerstein of CALSAGA Legal Advisor Bradley & Gmelich delivered a Legal Update. This annual presentation helps attendees prepare for new laws that will affect their businesses and the industry as a whole. On Thursday Gary Bradley and Anne Laguzza alerted attendees to potential Human Resources pitfalls. Staples of the program, these two sessions complement each other to help attendees protect their businesses and ensure that they are compliant with staffing and hiring laws, changing regulations and more. Be aware of a real money lightning link pokies
Jesus M. Villahermosa, Jr. of Crisis Reality Training, Inc. presented the training Surviving the Active Lethal Threat Event. Jesus educated attendees on the tactics proven to increase survival in the event of an active shooter event. This powerful training is so important and, unfortunately, extremely relevant for the time.
Our program also included sessions on cannabis, BSIS compliance and an address from CALSAGA’s lobbyist Kelly Jensen of Sloan, Higgins, Jensen. In addition, Michael Hogsten General Counsel for G4S Secure Solutions shared the story of their Dignity and Respect campaign.
Thank you to our sponsors:
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- Tolman and Wiker Insurance Services LLC, Presenting Sponsor & President’s Reception Sponsor
- Silvertrac Software, Gold Sponsor
- TSIB, Gold Sponsor
- UniPro International, Gold Sponsor and Awards Dinner Cocktail Hour Sponsor
- El Dorado Insurance Agency, Silver Sponsor
- CSA360 Software, Bronze Sponsor
- TrackTik, Bronze Sponsor & Awards Sponsor
- ProtaTECH, Credential Sponsor & Happy Hour Sponsor
- Destiny Software, Credential Sponsor
- TEAM Software, Wednesday Refreshment Sponsorship
- Corporate Security Service, Inc., Awards Dinner Wine on Table Sponsor
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PARTICIPATING SPONSORS: A.G. Spanos, Allied Universal Security Services, Bradley & Gmelich, First Security, The Works Consulting
The Annual Awards Dinner was held on the Wednesday evening of the conference. An afternoon Happy Hour was hosted by
ProtaTECH and the Awards Dinner Cocktail Hour was hosted by UniPro. During the event Lifesaving Awards were presented to several brave security professionals.
Among the winners are the First Security Services officers who first responded during the active shooter event at the Gilroy Garlic Festival in July 2019. These brave individuals ushered civilians to safety, began performing first aid before medical personnel could arrive and safely evacuated disabled and handicapped individuals. Security professionals also helped by putting injured members of the public into their patrol cars and driving them to the hospital to save valuable time.
Additional award recipients from Allied Universal Security Security Services and CIS Security include:
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- Officers who, after shots were fired at a medical center, established a barricade and worked to keep patients and visitors calm
- An officer who administered first aid during a mall shooting as well as assisted local law enforcement in their search for the shooters
- An officer who assisted with patient transport and hospital evacuation during the Paradise Fire in November 2018
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Award winners were each presented with a check provided by Awards sponsor TrackTik.
The Agua Caliente Resort & Spa continues to be a wonderful host with excellent food and service plus surprisingly inexpensive lavish rooms. We look forward to returning again next fall for the 2020 CALSAGA Annual Conference & Exhibits October 20 – 22, 2020.
Thank you to our vendors:
American Bike Patrol, B Line Security Training, Certifix Live Scan, CSA360 Software, Destiny Software, El Dorado Insurance Agency, Defencify Training, Flexible StaffCARE, HUB International, Kwantek,Robotic Assistance Devices, Philadelphia Insurance Companies, ProtaTECH, Round Table Financial, Sargeant Insurance Agency, Silvertrac Software, Symbol Arts, LLC, TEAM Software, Telepath Corporation, Tolman and Wiker Insurance Services LLC, TrackForce, TrackTik, UniPro International
False Hope – SB 778 Does Not Apply
You may have heard that SB 778, which Governor Gavin Newsom recently signed, would provide some relief on the deadline for sexual harassment training compliance as required by SB 1343. Unfortunately, SB 778 does not apply to the private security industry. Classified as temporary service employers, private patrol operators must be in compliance with SB 1343 by providing sexual harassment training to all employees by January 1, 2020.
SB1343 requires employers with 5 or more employees to provide sexual harassment prevention training to all employees. Supervisory employees must be provided with 2 hours of training every 2 years and nonsupervisory employees must be provided with 1 hour of training every 2 years. The law requires that the training be interactive and provided by facilitators who have knowledge of and expertise in harassment, discrimination and retaliation. CALSAGA offers online training that satisfies all of the requirements of SB 1343.
Please remember that training is specific to the company. Even if you hire an individual who has received sexual harassment training from a previous employer, the individual must be trained at your company within 30 days of hire or within 100 hours worked, whichever occurs first.
Purchase Sexual Harassment Training
If you haven’t planned to attend the 2019 CALSAGA Annual Conference & Exhibits, make plans now! The program is full of valuable information that you need to run your business!
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Don’t miss your opportunity to hear from new BSIS Chief Lynn Jensen Andres and Assistant Chief Samuel Stodolski.
Are you prepared for new laws that will affect your business? CALSAGA Legal Advisor Barry Bradley has got you covered with his Legal Update.
Make plans to attend the entire event. You won’t want to miss the last session which is Surviving an Active Lethal Threat Event!
Other session topics include: BSIS Compliance, Cannabis in California, BSIS Update, Human Resource Challenges – Real World Problems, Real World Solutions, Dignity and Respect in the Workplace, Legislative Report from Sacramento
View The Full Schedule
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Register Now!
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If you still haven’t booked your room for the 2019 CALSAGA Annual Conference & Exhibits there is good news!
Agua Caliente Resort and Spa has extended the discount for one more week!
Contact the hotel directly for room reservations: 866-923-7244 (Discount Code: CALSAGA) or book online Agua Caliente Room Reservation (Discount Code: CALSAGA19)
View Travel Info and FAQ
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Interested in being a Conference Sponsor? The Exhibit Hall is now sold out but there are a few sponsorship opportunities remaining. For more information contact Association Manager Kris Smidt at kris@calsaga.org.
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 employee. Rest 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.
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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
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
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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?
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 Audits, Best 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:
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 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.