On September 30, 2020, Governor Newsom passed AB 1512, which allows for the first time, employers to require their unionized security officers to take on-duty rest breaks.
What are the details?
This bill, until January 1, 2027, authorizes a person employed as a security officer who is registered pursuant to the Private Security Services Act and whose employer is a registered private patrol operator, to be required to remain on the premises during rest periods and to remain on call, and carry and monitor a communication device, during rest periods. The bill also requires a security officer to be permitted to restart a rest period anew as soon as practicable if the officer’s rest period is interrupted and would provide that a subsequent uninterrupted rest period satisfies the rest period obligation. If a security officer is not permitted to take an uninterrupted rest period of at least 10 minutes for every
four hours worked or major fraction thereof, the bill requires the officer to be paid one additional hour of pay at the employee’s regular base hourly rate of compensation.
This only applies to an employee if they are able fit both conditions:
- The employee is covered by a valid collective bargaining agreement.
- The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than $1.00 more than the state minimum wage rate.
The full text of AB 1512 can be found here.
An article summarizing the bill can be found here.
What do employers need to do?
Employers who are registered private patrol operators should read all of the details of this bill to ensure compliance when utilizing this new law.