A security guard registration authorizes an individual to work as a security guard. It does not automatically authorize a store, property owner or organization to directly employ security personnel without meeting applicable employer requirements.
New York regulates individuals who perform security guard duties and the businesses that employ or supply them. The correct structure depends on who hires, pays, schedules, supervises and controls the guard.
When a business directly employs an individual to principally protect people or property, deter unlawful activity, control access or enforce security rules, the business may be operating as a proprietary security guard employer.
That can create responsibilities involving registration, insurance, guard verification, training oversight, payroll, records and supervision.
The arrangement should reflect who actually employs and controls the security personnel.
The agency employs, pays, schedules and supervises the guards. The client contracts with the agency for security services.
The organization directly employs guards to protect its own property or operations and manages the complete employment and compliance structure.
The organization pays and controls guards directly but does not establish the appropriate proprietary employer structure.
Answer the questions below for a general operational assessment of your current staffing arrangement.
A business that chooses to directly employ guards for its own property assumes responsibilities that would otherwise be handled by a licensed security agency.
Register the organization with the New York State Department of State and obtain an employer UID.
Designate a coordinator responsible for providing required security guard employment information.
Maintain qualifying liability insurance and provide evidence of coverage to DOS.
Employ only guards who hold the appropriate active New York security guard registration.
Use the employer UID to check eligibility through the Online Security Guard Registry and retain the transaction record.
Confirm completion of required pre-assignment, on-the-job and annual training, unless an exemption applies.
Properly manage wages, payroll taxes, workers’ compensation and applicable employee benefits.
Maintain credential records, post orders, schedules, incident reports and employment documentation.
Duties commonly associated with security guard work include protecting people or property, deterring unlawful activity, controlling access, conducting patrols and enforcing security rules.
Protecting people or property from theft, harm, trespassing or unlawful activity.
Deterring, observing, detecting and reporting unauthorized or unlawful conduct.
Controlling access involving employees, visitors, vehicles, entrances and restricted areas.
Conducting interior or exterior patrols to identify suspicious activity or security concerns.
Enforcing security policies, rules, procedures and restrictions.
Documenting unusual events, emergencies, violations and other security-related incidents.
Both structures can provide security coverage, but they place responsibility on different organizations.
Businesses should review current Department of State instructions and consult qualified legal or insurance professionals when necessary.
Official application and instructions for entities directly employing security guards.
Employer resource for checking whether a prospective security guard is eligible for employment.
Official information regarding initial, on-the-job, annual and armed-guard training.
A store may directly employ guards for its own protection, but the store may need to register as a proprietary security guard employer and satisfy the applicable employer requirements. The individual’s guard registration alone does not automatically satisfy the employer’s obligations.
It is an organization that directly employs security guards to protect its own people, property or operations rather than supplying guards to outside clients.
Yes. The Department of State issues an employer unique identification number. The UID is used to access the Online Security Guard Registry and perform required employment eligibility checks.
No. A security guard registration belongs to the individual. A Watch, Guard and Patrol Agency license authorizes a business to provide security personnel and services to clients.
Merely labeling someone an independent contractor does not determine the person’s legal status. The actual relationship—including payment, scheduling, supervision, equipment and control—must be reviewed under applicable employment and security-licensing rules.
Unless exempt, an unarmed guard generally completes the 8-Hour Pre-Assignment course, the 16-Hour On-the-Job course within 90 days of employment and the 8-Hour Annual In-Service course each calendar year.
A licensed agency manages the guard employment structure, including staffing, payroll, credential verification, scheduling, supervision, insurance, training monitoring and replacement coverage.
Aspire can discuss security staffing options and explain how its agency services are structured. Aspire does not provide legal advice or make legal determinations regarding another organization’s employment arrangement.
Aspire Security Protection LLC can develop a customized security staffing plan based on your property, schedule, responsibilities and operational needs.