California Employment Law
California Employment Law Questions Answered by Legal Experts
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.
What California Code are you citing?
The labor code, civil code, etc?
does section 7522a mean that a city's police department command staff are not exempt from being licensed if they conduct internal personnel investigations (not IA investigations)?
Response: Yes, it appears to be the case by virtue of the language that requires that no weapons be carried in the performance of the duties (emphasis added by me).
7522. This chapter does not apply to: (a) A person employed exclusively and regularly by any employerwho does not provide contract security services for other entities orpersons, in connection with the affairs of such employer only andwhere there exists an employer-employee relationship if that personat no time carries or uses any deadly weapon in the performance ofhis or her duties. For purposes of this subdivision, "deadly weapon"is defined to include any instrument or weapon of the kind commonlyknown as a blackjack, slungshot, billy, sandclub, sandbag, metalknuckles, any dirk, dagger, pistol, revolver, or any other firearm,any knife having a blade longer than five inches, any razor with anunguarded blade and any metal pipe or bar used or intended to be usedas a club.
yes - i see that language, but I am hoping for clarification in annotations that specifically address the situation when the employer is a city with a police department.... what is the rationale when the employer's employees largely are peace officers?
Response: That is addressed on Section 7522(b). However, it does not appear to exempt police officers who are working for the city's police department. Uniform peace officers would be those police officers who are specifically on loan to other government agencies as peace officers. It would not include police officers conducting personnel investigations in the police department.
(b) An officer or employee of the United States of America, or ofthis state or a political subdivision thereof, while the officer oremployee is engaged in the performance of his or her official duties,including uniformed peace officers employed part time by a publicagency pursuant to a written agreement between a chief of police orsheriff and the public agency, provided the part-time employment doesnot exceed 50 hours in any calendar month
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