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Lawmakers in California are hoping to push through controversial legislation that would ban retail staff from stopping thieves stealing from their stores.
Senate Bill 553, which was submitted by State Senator Dave Cortese, has been passed by the State Senate and will now progress to policy committees in the State Assembly. Cortese hopes the proposed law will prevent workplace violence and protect staff from being forced by their employers to step-in during robberies. But some store bosses are furious about the plans, with the California Retailers Association mocking the move as an open invitation for thieves "to come in and steal."
The political wrangling in California comes just weeks after Home Depot security guard Blake Mohs, 26, was shot to death during an attempted robbery in Pleasanton, California. Other cities in the state are also facing their own problems as they attempt to deal with lawlessness.
San Francisco has been gripped by a crimewave that has seen Whole Foods close its downtown location after just a year of business, with bosses saying they were unable to "ensure the safety" of their staff in the city. Nordstrom followed suit by leaving the city this month, but many smaller businesses have had no choice but to remain, despite attacks on their premises.
The proposed new laws come as stores have blamed shoplifting for hitting their businesses, with Target issuing a statement in November blaming "organized retail crime" for an eye-watering $400 million loss in its profits in 2022.
Cortese, a Democrat representing much of Santa Clara County in the heart of Silicon Valley, told Newsweek: "SB 553 is focused on protecting employees. The bill does not prohibit employees from stopping theft. It does prevent employers from asking non-security personnel to confront a person involved in criminal activity. We don't want rank and file employees to be forced to place themselves in harm's way."
During an interview with Fox 2/KTVU, he said: "More recently, we've seen another spike in retail violence; [At] Safeways, Home Depots, it just seems to be happening every other day... What we're saying in the bill is it's not ok for employers to take a rank-and-file worker, somebody whose job is really something else... and say, 'Hey, you know, if there's an intruder we're going to deputize you to intervene.' People get hurt and often killed that way."
A statement issued by Cortese's office noted that assaults in stores rose during the pandemic, citing 2022 analysis by the New York Times, which found that assaults in grocery stores increased by 63 percent from 2018 to 2020, and assaults in convenience stores grew by 75 percent. The statement added that workplace violence is the second leading cause of fatal occupational injury.
The Occupational Safety and Health Administration (OSHA) estimates that workplace violence affects nearly 2 million workers each year, with female staff suffering from higher rates of nonfatal injuries than their male counterparts.
A retail security survey published in 2022 by the National Retail Federal (NRF) also suggested the issue may be getting worse. The annual survey of the retail industry's loss prevention professionals found that "retail shrink is an almost $100 billion problem."
According to the survey, retailers blamed "external theft" for the greatest portion of "shrink" at 37 percent, while 28.5 percent was deemed to be the result of "employee/internal theft." The difference was made up by various factors, including processing and control failures. The survey found that 37.9 percent of respondents replied that no associates were allowed to apprehend shoplifters in their organizations.
The California bill, if enacted in law, would require employers to provide active-shooter training to workers, keep a log of any violent incidents, and allow companies to apply for workplace violence restraining orders.
SB 553 is not targeted at—and does not affect—trained security guards. In fact, the bill highlights the need for dedicated safety personnel.
But Rachel Michelin, president of the California Retailers Association, told Fox 2/KTVU: "This bill goes way too far, number one, where I think it will open the doors even wider for people to come in and steal from our stores."
And she added that most stores already prevent ordinary workers from confronting shoplifters, saying that most hire employees specifically trained in theft prevention for that purpose. "It [the bill] says no employee can approach someone who's shoplifting, so even if someone is trained on how to deter someone from doing that, now they're not allowed to approach someone. So what does that mean? We are opening up the doors to allow people to just walk into stores, steal, and walk out."
Newsweek has reached out to the California Retailers Association for further information and comment. Several large retailers, including Target and Walmart, have also been approached for comment about the proposed law.
The bill is currently subject to adjustments as it progresses through the State Assembly's policy committees.
Update 6/6/23, 6:04 a.m. ET: This article was updated to include additional comments by State Senator Dave Cortese.