CALSAGA

CALSAGA meal and rest break seminars an overwhelming success

In response to increased litigation surrounding the issue of meal and rest breaks, CALSAGA staged two meal and rest break seminars on Tuesday, February 12 in Sacramento and Wednesday, February 13 in Cerritos.   Over 130 people attended both seminars and we are pleased to report that three new PPO members joined the association!

We were extremely fortunate to have legal expert Laura Innes from Simpson, Garrity & Innes speak at both events.  For those of you that were in attendance, you know the information she provided was invaluable.   From updating attendees on pending court cases to advice on how to best decrease your liability, Laura had all the answers!  CALSAGA sincerely appreciates her taking a few days out of her busy schedule to address our members on this very important issue.

As she has done in previous speaking engagements with CALSAGA, Laura went through an example meal and rest break waiver form that she recommends all employers have on file with their security officers.  If you need to download that form, click here.  While the form is not the silver bullet in protecting your company from litigation, it is without question one of the best tools in the form of documentation that you can have.   

Depending on which seminar, the combination of Association Manager Jeff Flint and/or CALSAGA lobbyist Kelly Jensen from Sloat, Higgins & Jensen updated attendees on our legislative effort last year on the meal and rest break issue, as well as gave an the outlook on the issue for 2008.  Flint pointed out that we were close on a legislative deal last year, and despite the deal breaking down in the eleventh hour, the overall feeling is that we’d laid a solid foundation as we look to negotiate a deal moving forward.

Based on the positive response we received back on the seminars, CALSAGA is considering staging seminars this summer on other labor-related issues as it pertains to the security industry.  While we recognize that the meal and rest break issue as our top priority, we also realize there are other labor issues that are important to employers.

Once again, thank you to everyone who came out to make these seminars a success!

Opinion issued by DLSE on whether pre-employment training time is compensable

To: CALSAGA members

From: Jeff Flint, Association Manager

Re: Opinion issued by DLSE on whether pre-employment training time is compensable

Date: October 1, 2007

In early July, CALSAGA wrote a letter to Vicki Bradshaw, Secretary of the Labor & Workforce Development Agency requesting clarification on whether or not pre-employment state mandated security officer training time is compensable.  Since the AB 2880 training standards were implemented in 2004, there has been some confusion on whether or not employers were required to pay wages.

On August 29, Angela Bradstreet, the State Labor Commissioner, responded to our letter on behalf of Secretary Bradshaw, and made some important pronouncements.  In particular, the opinion issued from Ms. Bradstreet was that “time in the pre-employment training program does not require wage compensation.”  Undoubtedly, this opinion goes a long way in assisting our members in complying with California wage and hour laws.

Click here to download the five page analysis.

One of the key excerpts from the letter is as follows:

“The fact that employment may be offered after completion of the specific training provided by the private security operator does not itself transfer the relationship to an employee – employer relationship.  And while there is a conceivable general benefit to the private security operator in that it may offer employment to individuals upon successful completion of the training and otherwise meeting hiring requirements based upon their exposure to such prospective employees, there is no unfair economic benefit derived from work during the period of training the individuals.  [Subsequently], mandatory training programs do not appear to qualify as an employee – employment relationship because there is no work performed for the private security operator, no wages or salary is received, and the individuals are not listed in the employer’s payroll (B & P Code 7580.9)."

Obviously, you should share a copy of this letter with your own labor attorneys to confirm how this opinion applies to the facts and circumstances of how you do your hiring and training.  However, we believe it will be very helpful in clarifying state law.

Finally, CALSAGA appreciates the effort and time invested by Ms. Bradstreet in issuing this opinion and we definitely think it will assist us in future relations with the Division of Labor Standards Enforcement (DLSE).  If you have any questions or need additional clarification, please contact William Hodges at (916) 930-0552 or via email at whodges@calsaga.org. 

Labor Commissioner Angela Bradstreet hosts public meal and rest break forum

Recently appointed California Labor Commissioner, Angela Bradstreet hosted a public forum today on the campus of California State University, Sacramento on the meal and rest break period.  Representatives from the employer community, members from organized labor and the general public all voiced their concern.

Joining Commissioner Bradstreet on the panel included Deputy Labor Commissioner Lupe Alvarez and Stephanie Watkins, who is the Legislative Director/Counsel for the Department of Labor Standards and Enforcement (DLSE). 

Through much of the early part of the meeting, there seemed to be some disconnect on what employers are seeking in the realm of reform, as several employees expressed concern that employers were attempting to take away their meal and rest break.  Thankfully, several employer representatives stepped up and made it clear that employers are only seeking clarification and flexibility in the law.

A representative from our staff was on hand to take notes in preparation for the next public forum that the Commissioner will be hosting on Thursday, August 9 at California State University, Northridge from 9:00 a.m. - 2:00 p.m.  CALSAGA will voice our concern on behalf of the private security industry and we encourage all members to attend and make public comments.  Click here for additional information on the August 9 event in Southern California.

We apologize to those members in Northern California who might have wanted to attend the forum in Sacramento, but the DLSE announced that they were going to hold these forum earlier in week, which really didn't give us much time to coordinate our efforts.

Lastly, for those who want to submit written comments to the DLSE, you can send comments until the close of business on Friday, August 31.  Send all comments to:

Chief Counsel, Division of Labor Standards Enforcement, P.O. Box 420603, San Francisco, CA 94142