AB 1311: Temporary services employees: wages.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-07-22
Existing law generally requires that an employee of a temporary services employer, as defined, be paid weekly. Existing law provides that a violation of these provisions is punishable as a misdemeanor.
This bill would, with certain exceptions, make the weekly pay requirement applicable to a security guard employed by a private patrol operator who is a temporary services employer, as provided.
By expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law generally requires that an employee of a temporary services employer, as defined, be paid weekly. Existing law provides that a violation of these provisions is punishable as a misdemeanor.
This bill would, with certain exceptions, make the weekly pay requirement applicable to a security guard employed by a private patrol operator who is a temporary services employer, as provided.
By expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law generally requires that an employee of a temporary services employer, as defined, be paid weekly. Existing law provides that a violation of these provisions is punishable as a misdemeanor.
This bill would, with certain exceptions, make the weekly pay requirement applicable to a security guard employed by a private patrol operator who is a temporary services employer, as provided.
By expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law generally requires that an employee of a temporary services employer, as defined, be paid weekly. Existing law provides that a violation of these provisions is punishable as a misdemeanor.
This bill would, with certain exceptions, make the weekly pay requirement applicable to a security guard employed by a private patrol operator who is a temporary services employer, as provided.
By expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes a school district to provide sexual abuse and sex trafficking prevention education, as defined, encourages school districts to collaborate with outside consultants, including law enforcement, with expertise in sexual abuse and sex trafficking prevention education in order to create school safety plans to address those threats, and authorizes in-service training to be conducted periodically, as provided.
This bill would make nonsubstantive changes to that provision.
Existing law authorizes a school district to provide sexual abuse and sex trafficking prevention education, as defined, encourages school districts to collaborate with outside consultants, including law enforcement, with expertise in sexual abuse and sex trafficking prevention education in order to create school safety plans to address those threats, and authorizes in-service training to be conducted periodically, as provided.
This bill would make nonsubstantive changes to that provision.
(a)For purposes of this section, the following definitions apply:
(1)Temporary services employer means an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and that performs all of the following functions:
(A)Negotiates with clients and customers for matters such as the time and place where the services are to be provided, the type of work, the working conditions, and the quality and price of the services.
(B)Determines assignments or reassignments of workers, even if workers retain the right to refuse specific assignments.
(C)Retains the authority to assign or reassign a worker to another client or customer when the worker is determined unacceptable by a specific client or customer.
(D)Assigns or reassigns workers to perform services for clients or customers.
(E)Sets the rate of pay of workers, whether or not through negotiation.
(F)Pays workers from its own account or accounts.
(G)Retains the right to hire and terminate workers.
(2)Temporary services employer does not include any of the following:
(A)A bona fide nonprofit organization that provides temporary service employees to clients.
(B)A farm labor contractor, as defined in subdivision (b) of Section 1682.
(C)A garment manufacturing employer, which, for purposes of this section, has the same meaning as contractor, as defined in subdivision (d) of Section 2671.
(3)Employing unit has the same meaning as defined in Section 135 of the Unemployment Insurance Code.
(4)Client and customer means the person with whom a temporary services employer has a contractual relationship to provide the services of one or more individuals employed by the temporary services employer.
(b)(1)(A)Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer is assigned to work for a client, that employees wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any calendar week shall be due and payable not later than the regular payday of the following calendar week. A temporary services employer shall be deemed to have timely paid wages upon completion of an assignment if wages are paid in compliance with this subdivision.
(B)Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer in the security services industry is a security guard who is registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, is employed by a private patrol operator licensed pursuant to that chapter, and is assigned to work for a client, that employees wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any workweek, as defined under Section 500, shall be due and payable not later than the regular payday of the following workweek.
(2)If an employee of a temporary services employer is assigned to work for a client on a day-to-day basis, that employees wages are due and payable at the end of each day, regardless of when the assignment ends, if each of the following occurs:
(A)The employee reports to or assembles at the office of the temporary services employer or other location.
(B)The employee is dispatched to a clients worksite each day and returns to or reports to the office of the temporary services employer or other location upon completion of the assignment.
(C)The employees work is not executive, administrative, or professional, as defined in the wage orders of the Industrial Welfare Commission, and is not clerical.
(3)If an employee of a temporary services employer is assigned to work for a client engaged in a trade dispute, that employees wages are due and payable at the end of each day, regardless of when the assignment ends.
(4)If an employee of a temporary services employer is assigned to work for a client and is discharged by the temporary services employer or leasing employer, wages are due and payable as provided in Section 201.
(5)If an employee of a temporary services employer is assigned to work for a client and quits his or her employment with the temporary services employer, wages are due and payable as provided in Section 202.
(6)If an employee of a temporary services employer is assigned to work for a client for over 90 consecutive calendar days, this section shall not apply unless the temporary services employer pays the employee weekly in compliance with paragraph (1) of subdivision (b).
(c)A temporary services employer who violates this section shall be subject to the civil penalties provided for in Section 203, and to any other penalties available at law.
(d)Nothing in this section shall be interpreted to limit any rights or remedies otherwise available under state or federal law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to prevent confusion over pay periods for temporary employees who provide important security services that protect persons and property in this state at the earliest possible time, it is necessary that this act take effect immediately.
(a)For purposes of this section, the following definitions apply:
(1)Temporary services employer means an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and that performs all of the following functions:
(A)Negotiates with clients and customers for matters such as the time and place where the services are to be provided, the type of work, the working conditions, and the quality and price of the services.
(B)Determines assignments or reassignments of workers, even if workers retain the right to refuse specific assignments.
(C)Retains the authority to assign or reassign a worker to another client or customer when the worker is determined unacceptable by a specific client or customer.
(D)Assigns or reassigns workers to perform services for clients or customers.
(E)Sets the rate of pay of workers, whether or not through negotiation.
(F)Pays workers from its own account or accounts.
(G)Retains the right to hire and terminate workers.
(2)Temporary services employer does not include any of the following:
(A)A bona fide nonprofit organization that provides temporary service employees to clients.
(B)A farm labor contractor, as defined in subdivision (b) of Section 1682.
(C)A garment manufacturing employer, which, for purposes of this section, has the same meaning as contractor, as defined in subdivision (d) of Section 2671.
(3)Employing unit has the same meaning as defined in Section 135 of the Unemployment Insurance Code.
(4)Client and customer means the person with whom a temporary services employer has a contractual relationship to provide the services of one or more individuals employed by the temporary services employer.
(b)(1)(A)Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer is assigned to work for a client, that employees wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any calendar week shall be due and payable not later than the regular payday of the following calendar week. A temporary services employer shall be deemed to have timely paid wages upon completion of an assignment if wages are paid in compliance with this subdivision.
(B)Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer in the security services industry is a security guard who is registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, is employed by a private patrol operator licensed pursuant to that chapter, and is assigned to work for a client, that employees wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any workweek, as defined under Section 500, shall be due and payable not later than the regular payday of the following workweek.
(2)If an employee of a temporary services employer is assigned to work for a client on a day-to-day basis, that employees wages are due and payable at the end of each day, regardless of when the assignment ends, if each of the following occurs:
(A)The employee reports to or assembles at the office of the temporary services employer or other location.
(B)The employee is dispatched to a clients worksite each day and returns to or reports to the office of the temporary services employer or other location upon completion of the assignment.
(C)The employees work is not executive, administrative, or professional, as defined in the wage orders of the Industrial Welfare Commission, and is not clerical.
(3)If an employee of a temporary services employer is assigned to work for a client engaged in a trade dispute, that employees wages are due and payable at the end of each day, regardless of when the assignment ends.
(4)If an employee of a temporary services employer is assigned to work for a client and is discharged by the temporary services employer or leasing employer, wages are due and payable as provided in Section 201.
(5)If an employee of a temporary services employer is assigned to work for a client and quits his or her employment with the temporary services employer, wages are due and payable as provided in Section 202.
(6)If an employee of a temporary services employer is assigned to work for a client for over 90 consecutive calendar days, this section shall not apply unless the temporary services employer pays the employee weekly in compliance with paragraph (1) of subdivision (b).
(c)A temporary services employer who violates this section shall be subject to the civil penalties provided for in Section 203, and to any other penalties available at law.
(d)Nothing in this section shall be interpreted to limit any rights or remedies otherwise available under state or federal law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to prevent confusion over pay periods for temporary employees who provide important security services that protect persons and property in this state at the earliest possible time, it is necessary that this act take effect immediately.
(a)For purposes of this section, the following definitions apply:
(1)Temporary services employer means an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and that performs all of the following functions:
(A)Negotiates with clients and customers for matters such as the time and place where the services are to be provided, the type of work, the working conditions, and the quality and price of the services.
(B)Determines assignments or reassignments of workers, even if workers retain the right to refuse specific assignments.
(C)Retains the authority to assign or reassign a worker to another client or customer when the worker is determined unacceptable by a specific client or customer.
(D)Assigns or reassigns workers to perform services for clients or customers.
(E)Sets the rate of pay of workers, whether or not through negotiation.
(F)Pays workers from its own account or accounts.
(G)Retains the right to hire and terminate workers.
(2)Temporary services employer does not include any of the following:
(A)A bona fide nonprofit organization that provides temporary service employees to clients.
(B)A farm labor contractor, as defined in subdivision (b) of Section 1682.
(C)A garment manufacturing employer, which, for purposes of this section, has the same meaning as contractor, as defined in subdivision (d) of Section 2671.
(3)Employing unit has the same meaning as defined in Section 135 of the Unemployment Insurance Code.
(4)Client and customer means the person with whom a temporary services employer has a contractual relationship to provide the services of one or more individuals employed by the temporary services employer.
(b)(1)(A)Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer is assigned to work for a client, that employees wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any calendar week shall be due and payable not later than the regular payday of the following calendar week. A temporary services employer shall be deemed to have timely paid wages upon completion of an assignment if wages are paid in compliance with this subdivision.
(B)Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer in the security services industry is a security guard who is registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, is employed by a private patrol operator licensed pursuant to that chapter, and is assigned to work for a client, that employees wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any workweek, as defined under Section 500, shall be due and payable not later than the regular payday of the following workweek.
(2)If an employee of a temporary services employer is assigned to work for a client on a day-to-day basis, that employees wages are due and payable at the end of each day, regardless of when the assignment ends, if each of the following occurs:
(A)The employee reports to or assembles at the office of the temporary services employer or other location.
(B)The employee is dispatched to a clients worksite each day and returns to or reports to the office of the temporary services employer or other location upon completion of the assignment.
(C)The employees work is not executive, administrative, or professional, as defined in the wage orders of the Industrial Welfare Commission, and is not clerical.
(3)If an employee of a temporary services employer is assigned to work for a client engaged in a trade dispute, that employees wages are due and payable at the end of each day, regardless of when the assignment ends.
(4)If an employee of a temporary services employer is assigned to work for a client and is discharged by the temporary services employer or leasing employer, wages are due and payable as provided in Section 201.
(5)If an employee of a temporary services employer is assigned to work for a client and quits his or her employment with the temporary services employer, wages are due and payable as provided in Section 202.
(6)If an employee of a temporary services employer is assigned to work for a client for over 90 consecutive calendar days, this section shall not apply unless the temporary services employer pays the employee weekly in compliance with paragraph (1) of subdivision (b).
(c)A temporary services employer who violates this section shall be subject to the civil penalties provided for in Section 203, and to any other penalties available at law.
(d)Nothing in this section shall be interpreted to limit any rights or remedies otherwise available under state or federal law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to prevent confusion over pay periods for temporary employees who provide important security services that protect persons and property in this state at the earliest possible time, it is necessary that this act take effect immediately.
(a)For purposes of this section, the following definitions apply:
(1)Temporary services employer means an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and that performs all of the following functions:
(A)Negotiates with clients and customers for matters such as the time and place where the services are to be provided, the type of work, the working conditions, and the quality and price of the services.
(B)Determines assignments or reassignments of workers, even if workers retain the right to refuse specific assignments.
(C)Retains the authority to assign or reassign a worker to another client or customer when the worker is determined unacceptable by a specific client or customer.
(D)Assigns or reassigns workers to perform services for clients or customers.
(E)Sets the rate of pay of workers, whether or not through negotiation.
(F)Pays workers from its own account or accounts.
(G)Retains the right to hire and terminate workers.
(2)Temporary services employer does not include any of the following:
(A)A bona fide nonprofit organization that provides temporary service employees to clients.
(B)A farm labor contractor, as defined in subdivision (b) of Section 1682.
(C)A garment manufacturing employer, which, for purposes of this section, has the same meaning as contractor, as defined in subdivision (d) of Section 2671.
(3)Employing unit has the same meaning as defined in Section 135 of the Unemployment Insurance Code.
(4)Client and customer means the person with whom a temporary services employer has a contractual relationship to provide the services of one or more individuals employed by the temporary services employer.
(b)(1)(A)Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer is assigned to work for a client, that employees wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any calendar week shall be due and payable not later than the regular payday of the following calendar week. A temporary services employer shall be deemed to have timely paid wages upon completion of an assignment if wages are paid in compliance with this subdivision.
(B)Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer in the security services industry is a security guard who is registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, is employed by a private patrol operator licensed pursuant to that chapter, and is assigned to work for a client, that employees wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any workweek, as defined under Section 500, shall be due and payable not later than the regular payday of the following workweek.
(2)If an employee of a temporary services employer is assigned to work for a client on a day-to-day basis, that employees wages are due and payable at the end of each day, regardless of when the assignment ends, if each of the following occurs:
(A)The employee reports to or assembles at the office of the temporary services employer or other location.
(B)The employee is dispatched to a clients worksite each day and returns to or reports to the office of the temporary services employer or other location upon completion of the assignment.
(C)The employees work is not executive, administrative, or professional, as defined in the wage orders of the Industrial Welfare Commission, and is not clerical.
(3)If an employee of a temporary services employer is assigned to work for a client engaged in a trade dispute, that employees wages are due and payable at the end of each day, regardless of when the assignment ends.
(4)If an employee of a temporary services employer is assigned to work for a client and is discharged by the temporary services employer or leasing employer, wages are due and payable as provided in Section 201.
(5)If an employee of a temporary services employer is assigned to work for a client and quits his or her employment with the temporary services employer, wages are due and payable as provided in Section 202.
(6)If an employee of a temporary services employer is assigned to work for a client for over 90 consecutive calendar days, this section shall not apply unless the temporary services employer pays the employee weekly in compliance with paragraph (1) of subdivision (b).
(c)A temporary services employer who violates this section shall be subject to the civil penalties provided for in Section 203, and to any other penalties available at law.
(d)Nothing in this section shall be interpreted to limit any rights or remedies otherwise available under state or federal law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SECTION 1.Section 49380 of the Education Code is amended to read:49380.(a)A school district is encouraged to collaborate with outside consultants, including law enforcement, with expertise in sexual abuse and sex trafficking prevention education in order to create a school safety plan to address the threats of sexual abuse and sex trafficking.
(b)A school district is encouraged to collaborate with law enforcement on a referral protocol for high-risk pupils and minors.
(c)In-service training may be conducted periodically in order to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of sexual abuse and sex trafficking of pupils and minors.
(a)A school district is encouraged to collaborate with outside consultants, including law enforcement, with expertise in sexual abuse and sex trafficking prevention education in order to create a school safety plan to address the threat threats of sexual abuse and sex trafficking.
(b)A school district is encouraged to collaborate with law enforcement on a referral protocol for high-risk pupils and minors.
(c)In-service training may be conducted periodically in order to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of sexual abuse and sex trafficking of pupils and minors.
|
Date
|
Status
|
|---|---|
| Jan 27, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jul 22, 2016 | Chaptered by Secretary of State - Chapter 61, Statutes of 2016. |
| Jul 22, 2016 | Approved by the Governor. |
| Jul 11, 2016 | Enrolled and presented to the Governor at 4:30 p.m. |
| Jun 30, 2016 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4649.). |
| Jun 30, 2016 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. |
| Jun 30, 2016 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 28, 2016 | Read second time. Ordered to Consent Calendar. |
| Jun 27, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jun 8, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 4. Noes 0.) (June 8). Re-referred to Com. on APPR. |
| Feb 4, 2016 | Referred to Com. on L. & I.R. |
| Jan 27, 2016 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 3509.). |
| Feb 27, 2015 | Introduced. To print. |
| Jan 21, 2016 | Read second time. Ordered to Consent Calendar. |
| Jan 21, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (January 21). |
| Jan 11, 2016 | Re-referred to Com. on APPR. |
| Jan 7, 2016 | Read second time and amended. |
| Jan 6, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (January 6). |
| Jan 4, 2016 | Re-referred to Com. on L. & E. |
| Jan 4, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended. |
| Dec 9, 2015 | Referred to Com. on L. & E. |
| Mar 2, 2015 | Read first time. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 30, 2016 | Consent Calendar 2nd AB1311 Cooper Urgency Clause | Senate Floor |
Passed |
|
| Jun 8, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Labor and Industrial Relations |
Passed |
|
| Jan 27, 2016 | AB 1311 COOPER Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jan 21, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jan 6, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Labor and Employment |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1311 |
CONSENT
Bill No: AB 1311
Amended: 1/7/16 in Assembly
SENATE LABOR AND IND. REL. COMMITTEE: 4-0, 6/8/16
AYES: Mendoza, Stone, Leno, Mitchell
NO VOTE RECORDED: Jackson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 1/27/16 (Consent) - See last page for vote
SUBJECT: Temporary services employees: wages
DIGEST: This bill allows temporary services employers to pay temporary private security officers based on a workweek (Friday-Thursday) rather than a calendar week (Sunday-Saturday).
Existing law:
- Defines “temporary services employer” as an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and performs certain specified functions, including determining assignments and paying the worker.
- Provides that a temporary services employer must pay his or her employees no less frequently than weekly and not later than the regular payday of the following calendar week.
- Exempts temporary employees from the above-discussed requirements if the employee’s assignment is for 90 days or longer and the employee is not currently paid weekly. (Labor Code §201.3)
This bill:
- Provides that if an employee of a temporary services employer is employed as a registered security officer, his or her wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and must be due and payable not later than the regular payday of the following workweek.
- Declares the provisions above as necessary for the immediate preservation of the public peace, health, or safety and must go into effect immediately.
Comments
Need for this bill. AB 1311 addresses an unusual court case that dealt with the timing of wages for security guards, Specifically, in Huff v. Securitas Security Services, Case No. 1-10-CV-172614 (2015), Securitas successfully argued that it has not violated the temporary services employer requirements as all of the claimants had assignments in excess of 90 days. With assignments of that length, security guards are explicitly exempted from the provisions of Labor Code Section 201.3, which was discussed earlier.
However, in determining this calculation, the court used a calendar week of Sunday to Saturday, which is not the workweek utilized by Securitas. Rather, this is the default calendar week used by the Division of Labor Standards Enforcement for enforcement purposes. Securitas and other security firms utilize a Friday to Thursday workweek, which proponents note reflects the fact that their employees frequently work on the weekends, unlike many employers.
AB 1311 provides that, if a temporary employee is employed as a security officer, the employee’s wages are due weekly and due and payable on the regular payday of the following workweek.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Association of Licensed Security Agencies, Guards and Associates
OPPOSITION: (Verified 6/27/16)
None received
ARGUMENTS IN SUPPORT: Proponents argue that most security services firms define the workweek as Friday to Thursday, and that this schedule is born of the specific industrial requirements of the security industry. Proponents argue that AB 1311 is not an attempt to change the weekly payroll rule, but rather an industry specific standard that will assist temporary services employers in complying with the law without impacting the rights of employees.
ASSEMBLY FLOOR: 78-0, 1/27/16
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Mathis
Prepared by: Gideon L. Baum / L. & I.R. / (916) 651-1556
6/29/16 15:50:35
**** END ****
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: AB 1311 Hearing Date: June 8, 2016
Author: | Cooper | ||
Version: | January 7, 2016 | ||
Urgency: | Yes | Fiscal: | Yes |
Consultant: | Gideon Baum | ||
Subject: Temporary services employees: wages
KEY ISSUE
Should the Legislature allow temporary services employers to pay temporary private security officers based on a workweek (Friday-Thursday) rather than a calendar week (Sunday-Saturday)?
ANALYSIS
Existing law:
- Defines “temporary services employer” as an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and performs certain specified functions, including determining assignments and paying the worker.
- Provides that a temporary services employer must pay his or her employees no less frequently than weekly and not later than the regular payday of the following calendar week.
- Exempt temporary employees from the above-discussed requirements if the employee’s assignment is for 90 days or longer and the employee is not currently paid weekly.
(Labor Code §201.3)
This bill:
- Provides that if an employee of a temporary services employer is employed as a registered security officer, his or her wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and must be due and payable not later than the regular payday of the following workweek.
- Declares the provisions above as necessary for the immediate preservation of the public peace, health, or safety and must go into effect immediately.
COMMENTS
1. Need for this bill?
AB 1311 addresses an unusual court case that dealt with the timing of wages for security guards, Specifically, in Huff v. Securitas Security Services, Case No. 1-10-CV-172614 (2015), Securitas successfully argued that it has not violated the temporary services employer requirements as all of the claimants had assignments in excess of 90 days. With assignments of that length, security guards are explicitly exempted from the provisions of Labor Code Section 201.3, which was discussed earlier.
However, in determining this calculation, the court used a calendar week of Sunday to Saturday, which is not the work week utilized by Securitas. Rather, this is the default calendar week used by the Division of Labor Standards Enforcement (DLSE) for enforcement purposes. Securitas and other security firms utilize a Friday to Thursday workweek, which Proponents note reflects the fact that their employees frequently work on the weekends, unlike many employers.
AB 1311 would provide that, if a temporary employee is employed as a security officer, the employee’s wages are due weekly and due and payable on the regular payday of the following workweek.
2. Proponent Arguments:
Proponents argue that most security services firms define the workweek as Friday to Thursday, and that this schedule is born of the specific industrial requirements of the security industry. Proponents argue that AB 1311 is not an attempt to change the weekly payroll rule, but rather an industry specific standard that will assist temporary services employers in complying with the law without impacting the rights of employees.
3. Opponent Arguments:
None on file.
4. Prior Legislation:
SB 940 (Yee), Chapter 169, Statutes of 2008, creates the temporary services employer pay provisions discussed above.
SUPPORT
California Association of Licensed Security Agencies, Guards and Associates
OPPOSITION
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Date of Hearing: January 21, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
ABPCA Bill Id:AB 1311
Author:(Cooper) – As Amended Ver:January 7, 2016
Policy Committee: | Labor | Vote: | 7-0 |
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Urgency: Yes State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill provides that if an employee of a temporary service employer is employed as a registered security guard, the employee’s wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and payable not later than the regular payday of the following workweek.
FISCAL EFFECT:
No significant state fiscal impact.
COMMENTS:
- Background. Under current law, temporary service employers are required to pay employees no less frequently than weekly and not later than the regular payday of the following calendar week. Employers are exempt from this requirement if the employee's assignment is for 90 days or longer and the employee is not currently paid weekly.
- Purpose. According to the author, this bill is in response to a recent court case, Huff v. Securitas Security Services (2015), where the defense successfully argued that it had not violated the temporary services employer requirements because all claimants had assignments for more than 90 consecutive calendar days. In determining this calculation, the court used a calendar week of Sunday to Saturday. This is the default calendar week used by the Division of Labor Standards Enforcement (DLSE) for enforcement purposes. According to the author, this "calendar week" is not reflective of the security industry. Securitas and other security firms typically use a Friday to Thursday workweek.
This bill provide that if a temporary employee is employed as a security officer, the employee's wages are due weekly and are payable on the regular payday of the following workweek. "Workweek" is defined under existing law as any seven consecutive days, starting with the same calendar day each week.
- Prior legislation. The language in this bill is identical to language in AB 1042 (Cooper) of 2015. However, AB 1042 also contained provisions to expand the number of private security officers that fall under licensure and regulation of the Department of Consumer Affairs. Governor Brown vetoed AB 1042 and provided the following veto message:
This bill expands the definition of a proprietary private security officer to include either a person who wears a security uniform or provides a security function. Under this new definition more people would need to register with the Bureau of Security and Investigative Services. Registration and licensing can help protect consumers and the public, but they can also create barriers to entry. I am not convinced that enough evidence currently exists to justify expanding the definition of a proprietary private security officer to include bouncers who work at nightclubs and bars.
Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081
Date of Hearing: January 6, 2016
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
ABPCA Bill Id:AB 1311 (
Author:Cooper) – As Proposed to be Amended Ver:January 6, 2016
SUBJECT: Employment: security services
SUMMARY: Provides that if an employee of a temporary services employer is employed as a registered security officer, his or her wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and must be due and payable not later than the regular payday of the following workweek.
EXISTING LAW:
- Defines “temporary services employer” as an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and performs certain specified functions, including determining assignments and paying the worker.
- Provides that a temporary services employer must pay his or her employees no less frequently than weekly and not later than the regular payday of the following calendar week.
- Exempts temporary employees from the above-discussed requirements if the employee’s assignment is for 90 days or longer and the employee is not currently paid weekly.
FISCAL EFFECT: Unknown
COMMENTS: This bill addresses a technical issue regarding the pay provisions of private security guards. According to the sponsor, this issue is born of a recent court case, Huff v. Securitas Security Services, Case No. 1-10-CV-172614 (2015). In that case, Securitas successfully argued that it has not violated the temporary services employer requirements as all of the claimants had assignments in excess of 90 days.
However, in determining this calculation, the court used a calendar week of Sunday to Saturday, which is not the work week utilized by Securitas. Rather, this is the default calendar week used by the Division of Labor Standards Enforcement (DLSE) for enforcement purposes. Securitas and other security firms utilize a Friday to Thursday workweek, which the sponsor notes reflects the fact that their employees frequently work on the weekends, unlike many employers.
Therefore, this bill would provide that, if a temporary employee is employed as a security officer, the employee’s wages are due weekly and due and payable on the regular payday of the following workweek.
ARGUMENTS IN SUPPORT
The sponsor argues that most security services firms define the workweek as Friday to Thursday, and that this schedule is born of the specific industrial requirements of the security industry. They argue that this bill is not an attempt to change the weekly payroll rule, but rather an industry specific standard that will assist temporary services employers in complying with the law without impacting the rights of employees.
PRIOR LEGISLATION
The language in this bill is identical to language that was inserted last year into AB 1042 (Cooper). However, AB 1042 also included a number of other provisions, including language to expand the number of private security officers who fall under the licensure and regulation of the Department of Consumer Affairs. AB 1042 was vetoed by Governor Brown, but his veto message reflected concerns with the other provisions of the bill, not the clarifying language that has been amended into this bill.
PROPOSED AMENDMENT
As proposed to be amended, this bill will add an urgency clause.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Licensed Security Agencies, Guards and Associates
Opposition
None on file.
Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091
Bill Author
Bill Co-Author(s):