California Governor signs new “rest period” for private security officer bill
Sacramento CA October 3 2020
Security Officers: Rest Periods. AB 1512 provides some relief—through January 1, 2027—from rest period laws for the security industry, possibly paving the way for later legislation benefitting other industries. AB 1512 authorizes registered private patrol operator employers to require certain security officer employees (those registered under the Private Security Services Act) to remain on the premises during rest periods, to remain on call, and to carry and monitor a communication device. The security officer must be permitted to restart a rest period anew as soon as practicable if the rest period is interrupted. This later, uninterrupted rest period would qualify as a compliant rest period. If a security officer cannot take an uninterrupted rest period of at least 10 minutes for every four hours worked (or major fraction thereof), the officer must be paid one additional hour of pay at the base hourly rate. AB 1512 went into effect immediately upon the Governor’s approval on September 30, 2020, but does not apply to cases filed before January 1, 2021.
AB 1512 declares “it is in the public interest that security officers are able to respond to emergency situations without delay. This may require security officers to remain on the premises and on call during paid rest periods, and to carry and monitor a communication device… it is the intent of the Legislature to abrogate, for the security services industry only, the California Supreme Court’s decision in Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, to the extent that decision is in conflict with this act.”