On February 22, the California Supreme Court announced that it would review conflicting Appellate Court decisions about the Statute of Limitations on wage/hour disputes, with potential major implications for employers.
In the Murphy case, one Appellate Court ruled that wage/hour violations under the Labor Code are penalties, and thus subject to a one year Statute of Limitations. However, a different Appellate Court ruled recently that wage/hour violations payments are themselves wages, and thus subject to the four year Statute of Limitations.
The Court is not expected to rule on this important matter until later this year or perhaps early 2007, but CALSAGA will be monitoring the cases. You expect to see commentary on these issues by our Legal Advisors, Barry Bradley & Gary Yardumian, in future issues of our magazine, Observed & Reported.
If you have any questions regarding this news alert, please email us or call the CALSAGA offices at (866) 310-2551.
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The Governor's Office has made a selection for a new Bureau Chief for BSIS.
The following is the announcement from the Governor's office:
Paul Johnson, 54, of Sacramento, has been appointed chief of the Bureau of Security and Investigative Services at the Department of Consumer Affairs. He has served with the California Department of Justice for nearly 30 years. Johnson is currently an administrator with the Bureau of Criminal Identification and Information's Applicant Processing Program. He is a committee member on the FBI's National Identification Services Subcommittee and the Integrated Automated Fingerprint ID Task Force. This position requires Senate confirmation and the compensation is $92,302. Johnson is a Republican.
Obviously from his current position, Mr. Johnson is familiar with the security officer licensing issues that PPOs and Training Facilities face. We have worked with Mr. Johnson over the past two years since the passage of SB 1241 (elimination of the temporary "guard card'), and he has always been responsive and attentive to our concerns.
Paul will be sworn in on July 26, 2005, and be at the Bureau full time on August 2. We will post additional information about the new Chief shortly, and we are already assured by former Chief and current Consumer Affairs Deputy Director Steve Giorgi that both Steve and Paul will be at our Annual Conference in Las Vegas in October.
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Paul Johnson was sworn in as the new Bureau Chief for BSIS today.
CALSAGA Northern California Vice President David Travers (Guardian Security) and CALSAGA Association Manager Jeff Flint were present to represent the industry.
Johnson and former Chief Steve Giorgi singled out CALSAGA during their remarks as a very positive force for the industry.
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After passing the State Senate with broad bipartisan support last month, SB 194 was heard in its first Assembly Policy committee today, and was passed on a unanimous vote!
SB 194 is CALSAGA's sponsored legislation to require that all uniformed personnel providing a security service in California must undergo the same background check requirements as contract officers.
The bill will next be heard in the Assembly Appropriations Committee.
SB 194 closes an important loophole which exists in law today, in which in-house security officers are allowed to work with serious criminal backgrounds, while contract officers must undergo rigorous DOJ screening. Since the public at large usually cannot distinguish between contract and in-house officers, this can lead to dangerous situations.
Please contact CALSAGA if you have any questions about SB 194, or about any other piece of legislation you think would be of interest to the security community.
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BSIS recently posted a number of updates on their website dealing with FingerPrint Cards, the DOJ Voice system for checking background check application status, Tasers, and Baton Training
Each of these updates can be found by clicking on the links below.
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We attended a meeting with BSIS and the subject matter experts who created the new "Weapons of Mass Destruction and Terrorism Awareness for Security Professionals" course. As you know, this course will be mandatory for all security officers as the second half of the new expanded Powers to Arrest course.
Every licensed PPO, PSTF, and training provider in the state will be sent a copy of a CD-ROM with an instructor guide and student workbook on the CD, along with a DVD which contains a video to assist in the presentation of the materials. The Bureau expects the CD and DVD will be shipped to you by the end of the month.
However, we have posted the Instructor Guide and Student Workbook on the CALSAGA website, so you can download them now and start to use them or prepare for them. Unfortunately, the size of the video file is too large to download, but you can get the guide and workbook now.
Go here and click on the Download buttons for both the Instructor Guide and Student Workbook.
The addition of this training for private security is a huge step for our industry and a recognition of the important role that private security professionals can play in protecting the homeland from potential terrorist attacks.
If you have any questions about how to prepare for implentation of utilizing these course materials, please call the CALSAGA office at (866) 310-2551, or email us.
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We wanted to share with you the great news that our sponsored legislation, SB 194 by Senator Abel Maldonado, passed the full State Senate yesterday with a broad, bi partisan vote of 29-6.
SB 194 is CALSAGA's legislation to require all security officers in California, whether contract or proprietary, to obtain a guard card and register with the Bureau of Security and Investigative Services. The legislation will now move to the State Assembly for consideration. We will be in touch soon on how to contact your State Assembly Representatives to urge them to support SB 194.
In other State Capitol news, at the request of CALSAGA, the Senate and Assembly Budget Sub Committees that oversee the BSIS budget have approved augmenting the staff of BSIS. The fees we pay to BSIS have generated a surplus at BSIS, but the Bureau was not authorized to spend these funds on additional staff. If these budget augmentations remain in the final state budget, then BSIS will have additional staff to better serve our members, and conduct better enforcement against unlicensed activity that undercuts legitimate PPOs who must comply with all state laws and regulations.
If you have any questions about the latest news from the Capitol, please call or email us.
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CALSAGA's sponsored legislation, SB 194, to require proprietary security officers to get guard cards, is headed to the Floor of the State Senate for a vote next week.
The legislation passed the Senate Appropriations Committee without a vote after the committee determined that the bill would have no net impact on state finances, since the fees for the new registrants would cover any increased staff necessary to process them.
The bill will be heard next before the full Senate, as early as next week, after which it goes to the Assembly for review.
CALSAGA members are urged to contact their Senators to urge them to vote yes on SB 194.