Security Laws and Requirements

Security laws and requirements come in several layers: licensing for guard companies and officers, retail theft statutes, fire codes, workplace violence statutes, and federal rules on hiring and labor disputes. This library organizes McCray’s reference pages by topic, together with links to official agency sources, for buyers of security services and for officers and applicants.

• State licensing
• Retail crime laws
• Retail worker safety
• Fire watch and fire guards
• Off-duty police details
• Armed officers
• Workplace violence prevention
• Background checks
• Labor disputes

State Licensing

Security licensing rules vary by state, and some cities issue their own security licenses. The regulator, training requirements and armed credentials differ, so a multi-state program has to be checked one jurisdiction at a time.

Retail Crime and Retail Worker Safety

Some states treat organized retail theft as its own offense, and aggregation windows and dollar thresholds differ from state to state. New York’s Retail Worker Safety Act adds workplace violence prevention duties for covered retail employers.

Fire Safety and Fire Watch

In New York City, when a required fire protection system, such as a sprinkler or fire alarm system, is out of service, a fire watch must be kept by one or more people holding a Certificate of Fitness. The Fire Department of the City of New York (FDNY) issues these certificates, including separate certificates for fire guards at torch operations and for safety personnel at places of assembly and temporary events.

Off-Duty Police and Armed Officers

Off-duty police details and armed posts raise their own questions: how a detail is requested, what each jurisdiction allows, and how armed coverage affects licensing and insurance.

Workplace Violence Prevention

The Occupational Safety and Health Administration (OSHA) describes workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening behavior” that occurs at the work site, and states that there are currently no specific OSHA standards for workplace violence.

In California, Labor Code section 6401.9, created by SB 553, became enforceable on July 1, 2024. It requires covered employers to establish, implement and maintain an effective written Workplace Violence Prevention Plan, record incidents in a violent incident log and train employees. Cal/OSHA is also developing a general industry standard, which the Occupational Safety and Health Standards Board is required to adopt no later than December 31, 2026. Cal/OSHA released revised drafts in April and July 2026 and scheduled an advisory meeting on the updated draft for October 27, 2026.

In New York, the Retail Worker Safety Act applies to employers with 10 or more retail employees in the state. Covered employers must adopt a retail workplace violence prevention policy and provide training. Starting January 1, 2027, employers with 500 or more retail employees statewide must also provide silent response buttons (Labor Law Section 27-e).

Federal Rules That Touch Private Security

Background checks. When an employer runs background checks through a company in the business of compiling background information, the Fair Credit Reporting Act (FCRA) requires a written notice in a stand-alone format and the applicant’s or employee’s written permission. Before an adverse action based on the report, the employer must give the person a copy of the report and a summary of the person’s rights under the FCRA. After the adverse action, the employer must tell the person, orally, in writing or electronically, that the action was taken because of information in the report and that the person has a right to dispute its accuracy or completeness. The Federal Trade Commission (FTC) enforces the FCRA.

Arrest and conviction records. On October 29, 2026, the Equal Employment Opportunity Commission (EEOC) announced that it had voted to rescind its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act, first approved in 2012, effective immediately. In the announcement, the EEOC Chair stated that Title VII continues to prohibit discrimination based on race or national origin. Some states and municipalities also regulate how background information is used in employment decisions, so the rules for each location should be checked.

Strikes and picketing. The National Labor Relations Board (NLRB) states that all employees, union or not, have the right to participate in a protected strike, picket or protest, and that violence or other serious misconduct, such as destruction of property, is not protected. The NLRB also lists photographing or videotaping employees engaged in peaceful union or other protected activities as an example of unlawful employer interference.

How to Use This Library

This library is general information, not legal advice. Laws and agency guidance change, so buyers and officers should confirm current requirements with the responsible agency and their own counsel. New guides are published in Insights.

Last reviewed November 2026.