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Business Comments
2014 Employment Law Update
By Teresa A. Cunningham, Esq. Director and Employment Practice Chair with Gaw Van Male
AB 10Minimum Wage Increase Effective dates: July 1, 2014, and January 1, 2016 This bill raises Californias minimum wage rate from $8.00 per hour to $9.00 per hour on July 1, 2014, and to $10.00 per hour on January 1, 2016. This bill not only affects hourly, non-exempt employees, but also impacts the pay of exempt employees. California Labor Code section 515 requires that exempt employees (under the white collar administrative, executive and professional exemptions) must receive a monthly salary of at least twice the minimum wage for full-time employment. Currently, that minimum salary is $2,733.33 per month ($33,280 annually).With the minimum wage increases under AB 10, the minimum salary for exempt status will increase to $3,120 per month ($37,440 annually) on July 1, 2014, and to $3,466.67 per month ($41,600 annually) on Jan. 1, 2016. Employers must ensure their exempt employees are paid at least these salary amounts when the minimum wages increases take effect to maintain their overtime-exempt status. SB 462Employer Fee Awards on Wage Claims Effective date: January 1, 2014 This bill amends Labor Code section 218.5 to limit recovery of attorneys fees and costs by a prevailing employer in an action for nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions. Employers will be able to recover where the court finds the employee brought the action in bad faith.This bill makes it very difficult for a prevailing employer to recover attorneys fees and costs against an unsuccessful plaintiff in an action for unpaid wages, fringe benefits, or health and welfare or pension fund contributions. AB 241Domestic Worker Bill Of Rights Effective dates: January 1, 2014, through January 1, 2017 This bill adds sections 1450 through 1454 to the California Labor Code and is known as the Domestic Worker Bill of Rights. It regulates the hours of work and provides an overtime compensation rate for domestic work employees.The bill requires that these employees be paid overtime compensation at the rate of one and one-half times their regular rate for all hours worked in excess of nine hours per day or 45 hours per week.The bill defines domestic work to mean services related to the care of persons in private households or maintenance of private households or their premises, and includes within this definition childcare providers; caregivers of people with disabilities, or sick, convalescing, or elderly persons; house cleaners; housekeepers; and maids.The law also includes live-in domestic workers and personal attendants, but excludes individuals who work in residential care facilities, babysitters under 18 and babysitters whose work is intermittent or irregular. Notably, the bill is effective from January 1, 2014, through January 1, 2017, and the governor is required to convene a committee to study and report on the effects of the act through that time period. SB 770Family Temporary Disability Insurance Program Effective date: July 1, 2014 This bill expands coverage under Californias family temporary disability program to include time off to care for a seriously ill grandparent, grandchild, sibling or parent-in-law and defines those terms. Currently, this program provides up to six weeks of partial wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent or domestic partner. SB 292Harassment Because of Sex Effective date: January 1, 2014 This bill amends Section 12940 of the Government Codethe Fair Employment and Housing Actby adding the following sentence after the definition of harassment because of sex:Sexually harassing conduct need not be motivated by sexual desire. SB 292 overrules the California Court of Appeal decision in Kelley v.The Conco Companies, 196 Cal.App. 4th 191, 206 (2011), where the court rejected a male employees sexual harassment claim against his male supervisor because there was no evidence that the supervisors sexually demeaning comments and gestures were motivated by sexual desire.The Kelley court acknowledged that the comments were graphic, vulgar, sexually explicit and expressed sexual interest (if interpreted literally), but still affirmed dismissal of the claim because the plaintiff could not present evidence that the harasser was homosexual or motivated by sexual desire.This bill clarifies that conduct may be considered sex harassment even if not motivated by sexual desire.While SB 292 is most applicable to claims of same-sex harassment, the bill applies to different-sex harassment claims as well. AB 556Military and Veteran Status Effective date: January 1, 2014 This bill amends Section 12920 of the Government Code and adds military and veteran status as a protected category under the FEHA. It also provides an exemption for an inquiry by an employer regarding military or veteran status for the purpose of awarding a veterans preference as otherwise permitted by law. SB 400Protections for Victims of Domestic Violence, Sexual Assault, or Stalking Effective date: January 1, 2014 This bill amends Section 230 of the Labor Code to extend certain employment protections to victims of stalking. Existing law prohibits an employer from taking adverse employment action against a victim of domestic violence or sexual assault who takes time off from work to attend to issues arising as a result of the domestic violence or sexual assault, and entitles an employee who is discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off to reinstatement and reimbursement for lost wages and work benefits.This bill extends these protections to victims of stalking. Importantly, the bill requires an employer to provide reasonable accommodations that may include the implementation of safety measures or procedures for a victim of domestic violence, sexual assault or stalking.The bill also prohibits an employer from discharging, discriminating or retaliating against an employee because of the employees status as a victim of domestic violence, sexual assault or stalking if the victim provides notice to the employer of the status or the employer has actual knowledge of the status.
CHAIRMANS CIRCLE
Titanium:
Platinum:
KUIC 95.3 The Reporter Newspaper Genentech (A Member of the Roche Group) Sutter Regional Medical Foundation
Gold:
A.G. Spanos Companies First Northern Bank Ford Lincoln Fairfield Gaw Van Male, Attorneys at Law McDonalds Restaurants Wells Fargo Banks Western Health Advantage
Silver:
Camping World Hampton Inn & Suites Potrero Hills Landfill Raleys Ray Morgan Co. Solano Irrigation District Standard Pacific New Homes Vacaville Magazine VITUS Wal-Mart Wal-Mart Neighborhood Market (Alamo) Wal-Mart Neighborhood Market (Nut Tree Road)
Bronze:
AAA Northern California Aarons Automotive Ad Special Ts Bay Area Electronic Medical Billing Cache Creek Casino Resort Cancer Treatment Center of Vacaville Coldwell Banker Kappel Gateway Realty Compassionate Care Dental Costco Wholesale Courtside Cottages of Vacaville Dickeys Barbecue Pit International House of Pancakes Janssen M&G Duravent, Inc. Mariani Packing Co., Inc. Marys Pizza Shack Mercedes of Fairfield Momentum Auto Group Nationwide Insurance Pacific Gas & Electric Paramount House Senior Living Phillippi Engineering Pretty Potties RAS Solano Radiation Oncology Center State Compensation Insurance Fund Suihkonen CPAs & Consultants Toyota Vacaville Transpac Vacaville Premium Outlets Vacaville Residence Inn.
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Katheryn Tuberty Chairperson Farmers Insurance Tracy Mitchell Chair Elect TradeMark Advertising Dilenna Harris Immediate Past Chair Kaiser Permanente Debbie Egidio Treasurer DTS Egidio Albert Sullivan Vice Chair Client/Members ADValue CPA Services Louie DeBartolo Vice Chair Education DeBartolo & Co Fine Jewelers Joanie Erickson Vice Chair Business Issues Associate Member
DIRECTORS
priority is given to applicants who live or work in and around Vacaville.The selected applicants will spend the better part of a year working together on a civic project, establishing core leadership competencies and taking monthly site visits to interact with leaders of organizations whose contributions effectively run our community. These include leaders in the fields of history and culture, economic development, government, social services, criminal justice, education, healthcare, and the armed forces. Program participants are trained to understand the nature of vital community leadership, to lead community change, create effective teams, effectively communicate and lead successful meetings, mange conflict, make group decisions, understand financial accountability, build community through collaboration,
and chart their individual leadership path. The time you commit to the program can deliver returns many times over. By Katheryn Tuberty Employers Chair of the Board appreciate the program for its ability to develop practical and concrete leadership skills in employees, to gain access to people and organizations that impact our business community and to obtain broader business exposure by participating.Additionally, participants leave with deeper knowledge and a
broader perspective of critical local and regional issues knowledge they will bring back to their companies. As far as logistics, participants are required to attend two days of retreat in the fall, and one full day per month through graduation in the spring.An additional quarter to half day of work is expected monthly for work on the groups civic project.An investment in Leadership Today is $1,500 for chamber members and $2,000 for non-members: the fee covers program materials, activities, and lunches on program days. To apply, or to receive more information about the Leadership Today program, please contact the Vacaville Chamber at 707-4486424 or visit the chambers website www.vacavillechamber.com. I know you will be glad you did!
Dan Sharp Sharp Public Affairs LLC Mike Fortney Placer Title Pat Hannon Janssen Corporation Dallas Jackson Jackson Medical Supply Barry Nelson Travis Credit Union Scott Pardini Recology Vacaville Solano Scott Reynolds Gaw Van Male Sally Schulz The Reporter
STAFF & CONTRACTORS
Mark Creffield President/CEO mark@vacavillechamber.com Julie Sabbagh Community Relations Director Julie@vacavillechamber.com Sherry McKillop Leadership Today Director Darlene Chikeles Bookkeeper
committees.You can also start attending our Business Issues Educational Forum that are held the 2nd Friday of the month at the Travis Credit Union Corporate Office. Please review our website at www.vacavillechamber.com for dates and times of our committees and meetings.You can also call me personally and I will be more than happy to go over various ways for you to become more involved in your Chamber. The Vacaville Chamber of Commerce is extremely excited to announce the hiring of Tonya M. Dretzka as our new Membership Development Director.Tonya has experience in working for Chambers as she was the Director of Membership for the past three years at the Greater Bakersfield Chamber of Commerce.Tonyas start date is on January 6, 2014.A full bio on Tonya will be published our next newsletter. I want to once again congratulate First Northern Bank our
Chambers Business of the Year for 201314 and most recently a recipient of a Spirit of Solano award at the December 5th WestAmerica Bank and Solano EDC sponsored By Mark Creffield Spirit of President/CEO Solano luncheon. December was the month of giving as your Chamber participated in our annual Holiday Canned Food Drive to benefit the Food Bank of Contra Costa and Solano. Between walk-in donations and canned drives at both our Holiday Mixer at Travis Credit Union and our Holiday Wake-Up at the Hampton Inn & Suites your Vacaville Chamber collected over 1,000 pounds of canned foods.
Thank you to our members and perspective members for your participation in assisting with our annual giving event. Speaking of our Holiday WakeUp, this years event was once again, simply tremendous! A round of applause to this years event organizers, Kathy Rybicki-Allstate Insurance,Wendy Jackson-Jackson Medical Supply, and Colleen Stafford-All Size Flooring & Carpet Cleaning.There were many in attendance and with the amount of donations collected, almost everyone received a raffle prize. Looking back at 2013, the Vacaville Chamber of Commerce has had their share of successes and is proud of the achievements and goals we have accomplished. On behalf of the Vacaville Chamber of Commerce board of directors and staff, I want to wish everyone happy holidays.Your Vacaville Chamber of Commerce is gearing up for what we hope will be a very successful year.
www.thereporter.com
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1. Holiday Mixer hosted by Travis Credit Union, 1 Travis Way, Vacaville. 2. Holiday Wake-Up Vacaville. Thank you to our sponsors Colleen Stafford from All Size Flooring & Carpet Cleaning, Wendy Jackson from Jackson Medical Supply, and Kathy Rybicki from KR Insurance and Financial Services. Thank you to our host - Hampton Inn & Suites, Vacaville. 3. Ribbon Cutting for Cost Plus World Market, 1611 E. Monte Vista Ave., Vacaville.
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AB 524Criminal Extortion for Threatening to Report Immigration Status AB 524 clarifies that a person may be guilty of criminal extortion if the person threatens to report the immigration status or suspected immigration status of an individual, or his/her relative or a member of his/her family. SB 288Time Off for Crime Victims SB 288 adds new protections for crime victims to take time off from work to appear in any court proceeding in which a right of the victim is at issue.The law applies only to specific crimes such as solicitation for murder and vehicular manslaughter while intoxicated. Employees must comply with requirements for requesting the leave.Violations of the law will be enforced by the Labor Commissioner. AB 11Time Off for Emergency Duty AB 11 requires an employer with 50 or more employees to provide a temporary leave of absence of up to 14 days per calendar year for reserve peace officers and emergency rescue personnel to receive training. Current law only provided the training leave of absence to volunteer firefighters.AB 11 also expands the law to cover time off for emergency rescue training in addition to the existing protections for fire or law enforcement training. AB 218Background Checks AB 218 prohibits a state or local agency from asking an applicant to disclose information regarding a criminal conviction until after the agency determines the applicant meets minimum employment qualifications. There are specified exceptions, such as where a criminal history background check is otherwise required by law for the position.This legislation will not go into effect until July 1, 2014. This article is prepared with the understanding that the author or the firm is not rendering legal advice or opinions on specific facts or matters and, accordingly, assumes no liability whatsoever in connection with its use.
February
February 6 Mixer hosted by Emeritus of Vacaville, 1111 Ulatis Dr., Vacaville . . . . . . . . . . . . . . . . . . . . . . . . . . .5:30 p.m. 7:00 p.m. February 13 Ambassador Committee meeting at the Hampton Inn & Suites, 800 Mason Street, Vacaville . . . . . . . . . . . . . . . . . . . . . . . .8:00 a.m. 9:00 a.m. February 14 Business Issues Educational Forum held in the Community Room at Travis Credit Union located at 1 Travis Way, Vacaville . . . .9:00 a.m. 10:00 a.m. February 18 Wake-Up Vacaville hosted by Chevys Fresh Mex, 200 Nut Tree Parkway, Vacaville . . . . . . . . . . . . . . . . . . . . .8:00 a.m. 9:00 a.m.
Sponsorship opportunities are being arranged now. For the minimum donation of $1,250 -- and up to $20,000 and above -- a sponsor will not only receive invitations to Open That Bottle Night, but early entrance to the Jubilee, beginning at 5:30 p.m., an invitation to a private reception at the event, hotel accommodations, and limousine service. Organizers also plan to offer a limited number of VIP Table for Eight packages for Jubilee night again this year.These VIP tables include many of the benefits afforded VIP ticket-holders early admittance, special treats on arrival, and access to the VIP Lounge for $1,500. Please call 646-3133 to secure one of these highly popular table packages. Solano Wine & Food Jubilees Presenting Sponsors for 2013 were Momentum Auto Group, Patt & Al Shaw, Dr. Lee Freeman, Gold's Gym, and the Nut Tree.The Theatre DeVille is a Presenting Sponsor for 2014. The Solano Wine & Food Jubilee, a black tie-optional affair (denim discouraged), gets under way April 25, 2014 at the Specialty Event Center, 300 Chadbourne Road in Fairfield, beginning at 6:30 p.m. for general admission. Tickets, for those ages 21 and over, must be purchased in advance and are $75 each until February 17, 2014, and $100 thereafter if still available.To purchase tickets, call (707) 646-3133, or go online at www.wineandfoodjubilee.org.
y name is Christine Avellar; I have been a member of the Ambassador Team since joining the Vacaville Chamber in 2010, as the State Farm Representative from Andy Pignataros office. Being a part of the Ambassadors has given me the opportunity to meet other business owners and learn about new businesses in our community. I like to think of the Ambassador Team as sort of the welcome squad of the chamber; whether we are welcoming a new business with our ribbon cuttings, inviting members to
the monthly mixer to mingle, or starting the day with a cup of coffee at our morning wakeup; we are here to support all of our neighbors in business.As a State Farm Representative I know all about being a good neighbor like our slogan says,State Farm is there. My office has been in the Vacaville community for the last 7 years.We are here to assist with all of your insurance and financial services needs as well as being a source of knowledge for anyone with insurance questions, our door is always open!