At last Friday's State of the City address, Oxnard Mayor Tim Flynn provided attendees with a list of recent accomplishments. They included improvements in the city's financial reporting, hiring a new city manager, adding a concierge for the planning department, downtown revitalization, crime reduction, and paving more than 100 miles of streets and roads. Mayor Flynn also reminded the audience about Oxnard's competitive advantage when you consider our coastal setting, weather, proximity to Los Angeles and Santa Barbara, CSU Channel Islands, deep-water port, recycled water, and fertile soil. Of course, we certainly have our challenges as well. Regarding pension costs, Flynn said, "If you don't get this problem under control, it'll eat you alive." Oxnard's pension liability is expected to grow substantially until PEPRA kicks in. The California Public Employees' Pension Reform Act of 2013 (PEPRA) affects new public employees and establishes a cap on the amount of compensation that can be used to calculate a retirement benefit. Mayor Flynn conceded that economic development efforts by the city have been low on the priority list when they should be near the top. He said he would be exclusively focused on economic development issues for the next two years. Exactly what that translates to is not certain. However, the Oxnard Chamber offered its commitment to partner in those efforts. The State of the City included a project update from Ashley Golden, Development Services Director and Interim Assistant City Manager. Chief Scott Whitney, who has bee serving as Interim City Manager for six months, also rendered comment on effective leadership, creating a positive culture, and focusing on fundamentals. The Chamber sincerely thanks the presenters and all of the city staff who helped with the State of the City address. A video of the presentation is expected to be posted at www.oxnard.org. Assemblywoman Jacqui Irwin spearheaded an effort to secure approximately $80 million to fund the Rice Avenue overpass project at Fifth Street. The intersection has been labeled the third most dangerous rail crossing in California. Funding was granted by the California Transportation Commission. Governor Jerry Brown is scheduled to be in Oxnard this afternoon for a ceremony acknowledging the kick-off of the project. Darren Kettle, executive director of the Ventura County Transportation Commission, which was tasked with finding the money for the project, welcomed the approval of the funds from state Senate Bill 1, last year’s Road Repair and Accountability Act. The legislation is funded by increased gas taxes and new vehicle license fees. “We could not be more pleased that the commission awarded these funds to this project,” said Kettle, who attended the meeting in San Diego. “It’s a project that’s been in the making for decades and the funding was always going to be a question and with this award, that means the project can become a reality.” If everything goes according to plan, construction of the bridge could begin by the end of 2020, he said. We sincerely thank Assemblymember Irwin for her diligent and persistence to secure funding for the project! Now that the city council recall attempt is behind us, the Oxnard Chamber of Commerce is ready to get back to work and present the annual State of the City Address. Please join us on June 22 as we hear from:
Interim City Manager and Chief of Police, Scott Whitney Interim Assistant City Manager and Director of Development Services, Ashley Golden Mayor of the City of Oxnard, Timothy B. Flynn The mayor tells us he will focus on the future and not dwell on the past. We have a lot of opportunities as well as challenges ahead of us. The State of the City will be held at the Embassy Suites on Friday, June 22, from 11:30 to 1:30. Sponsors are currently being accepted. Individual reservations can be made by clicking here or calling the office at 805-983-6118. We thank the Embassy Suites Mandalay Beach Resort for their Title Sponsorship! The Chamber Board of Directors regretfully accepted the resignation of Michael Wynn Song as Chair at their meeting on April 26. Michael was elected to the position in December of 2017, but his plans to spend the next few years in Oxnard changed and he moved his home and family to Texas. Stacy Miller of Stacy Miller Public Affairs was elected to fill the Chair of the Board vacancy. Ms. Miller previously served as Chair-Elect of the Oxnard Chamber. Although Stacy has only been a full-time Oxnard resident for a few years, she has been visiting Oxnard since she was a little girl. Her family liked to vacation on our coast. Ms. Miller was elected to the Chamber Board of Directors in 2016 for a term beginning in January 2017. With a vacancy in the Chair-Elect position, Celina Zacarias of California State University Channel Islands volunteered to fill it. Celina is no stranger to chambers of commerce. She has served on numerous chamber boards and was recently the Chair of the Simi Valley Chamber. We thank both women for stepping forward to guide the Oxnard Chamber through the rest of 2018, and we wish Michael Wynn Song the best in his new home. Learn how to get the most out of your listing on our website. See what complimentary promotional opportunities are available to both new and veteran members. Can participation on a Chamber committee help your business? It's all available May 16 at the New Member Mingle & Happy Hour 1.5. The Chamber's Director of Communications, Janet Pozos, will be on hand to demonstrate how easy it is to link your social media accounts to your Chamber web listing. Members can also offer discounts or coupons to fellow Chamber members or the general public. Meet some Chamber Board members, the Chamber staff, and your fellow newbies! The New Member Mingle is free to attend. It will be in the Chamber office (400 E. Esplanade Drive, Suite 302) on May 16 from 4:30 to 6:00 PM. Refreshments, wine and hors d'oeuvres will be served. Click here to let us know you are coming! Oxnard will hold its special city council recall election today, May 1. Business leaders are strongly encouraged to participate by voting and urging employees, colleagues and family members to do the same. The recall election will likely see a very light voter turnout (maybe 10%). For voters not familiar with the special election, Oxnard City Clerk Michelle Ascencion has published an informational video to explain the purpose and process. The Oxnard 2020 coalition of business, labor and public safety has launched a "complete the ballot" campaign. The Oxnard Chamber is a member of that coalition.
In addition, the Oxnard Chamber has endorsed Miguel Lopez for mayor. "The Oxnard Chamber of Commerce opposed the city council recall election when petitions were being circulated among voters. However, the recall is here. If the current mayor is recalled, we believe the best candidate to succeed him is Miguel Lopez. Miguel is an open-minded champion for Oxnard and would assume office without any preconceived agendas," said Oxnard Chamber CEO Nancy Lindholm. The Oxnard Chamber of Commerce, along with many of Oxnard's businesses and residents, looks forward to the recall election completion and hopes the city can get back to normal business. Christy Madden is a Sr. Deputy Executive Officer for Community Development Division in County Executive Office, administering HUD Entitlement grants and Countywide Continuum of Care funding for homeless programs and services. She actively participates in several County initiatives including Pay for Success, promoting outcomes-based contracting, innovative financing, data integration, and pursuing system improvements to enhance service delivery by strengthening community, non-profit, and local government partnerships. Specific emphasis is placed on high frequency users of publicly funded systems of care, particularly for persons who are homeless or at risk of homelessness. Find out what collaboration is taking place on addressing the increasing challenge of homelessness in Ventura County. Ms. Madden will offer her perspective and insight. Please join us on May 10 at the Knowledge & Networking Lunch at River Ridge Golf Club, 2401 W. Vineyard Avenue. Check-in and networking begin at 11:30. Lunch is at noon with the program to follow. Program introduction by Ventura County Supervisor John Zaragoza. Advance reservations are required and are discounted for Chamber members if made by May 7. The Selection Committee for the 2018 Community & Business Awards met on March 29 to sift through nominations submitted by Chamber and community members for a variety of award categories. The Selection Committee is made up of representatives of the sponsors of the Awards luncheon, which will take place on April 27 at Levity Live at The Collection. In addition to the nominations from the public, the Oxnard Chamber Board also selects a person, business, or organization to receive the Oxnard Trophy for bringing recognition to Oxnard and bettering the community. Here are the awardees: Distinguished Citizens of the Year – Sisters Servants of Mary Since 1961 the Sisters Servants of Mary have been ministering to the sick day and night. Woman of the Year – Marilyn Peake Marilyn is the Community Outreach Officer for Ventura County Credit Union (VCCU) where she leads VCCU's financial education efforts in the Hispanic and immigrant community. She is very involved in Oxnard as a volunteer, serving on the MICOP and SEEAG boards of directors. She also donates her time at the St. John's food pantry and for the Walk to End Alzheimer's. Man of the Year – Scott Whitney Chief Whitney has spent nearly 25 years with the Oxnard Police Department. In addition to serving as Chief, Scott stepped forward when Oxnard needed an interim city manager. Scott was born and raised in Oxnard and has dedicated his life to bettering the community. Large Business of the Year – California Resources Corporation California Resources Corporation has a strong dedication to the local communities where their employees live and work. CRC serves as an active and supportive community partner through impactful donations and volunteerism. Small Business of the Year – Coastal Architects Partners Michael Sanchez and Jeffrey Zook formed Coastal Architects ten years ago and have had quite an impact on Oxnard since then. They have been a transformative agent in Downtown revitalization and throughout the community. Downtown Business of the Year – Xielo Artisan Desserts The Ramirez family owns and operates their artisan Mexican café from the historical Woolworth building in Downtown Oxnard where they prepare and serve a unique variety of delicious foods using recipes passed down through generations of their family. Innovative Business of the Year – The Annex at The Collection at RiverPark New at The Collection in 2017, The Annex is a 16,000 square foot collection of microshops, artisan boutiques and epicurean discoveries showcasing unique local retailers, craft food and beverage purveyors. Service Organization of the Year – Soroptimist International of Oxnard In addition to everything Soroptimist of Oxnard does to enhance women's lives, they have added a new program called "Dream It, Be It: Career Support for Girls" which focuses on girls in secondary education programs who face obstacles to their future success. Oxnard Trophy – Oxnard Convention & Visitors Bureau The Oxnard Convention & Visitors Bureau works tirelessly to promote Oxnard to both domestic and international visitors. Their efforts are paying off since Oxnard currently has the highest hotel occupancy rate and the highest average daily hotel rate of all the cities in Ventura County. The 68th Annual Community & Business Awards luncheon will be April 27 at Levity Live at The Collection. Advance reservations are required. Call or click to sign up! The Oxnard Chamber of Commerce Ambassadors are a carefully selected group of highly respected individuals from all facets of business. They are an extension of the Oxnard Chamber Board and staff as they take on the role of welcoming committee. Ambassadors are an essential component of the Oxnard Chamber’s growth and success, and their feedback is invaluable and incorporated in Chamber programs and events. What does an Ambassador do?
Does this sound like something for you? If so, then come to a Chamber Ambassador meeting and meet everyone! Meetings are held on the first Tuesday of the month at 12:00PM at the Chamber office. Want more information? Contact Sharen Strong, Director of Member Services at memberservices@oxnardchamber.org or call (805) 983-6118. We look forward hearing from you! Following the Oxnard Chamber’s candidates’ forum on March 8, its political action committee met to discuss what they heard at the forum and what they knew about the candidates. “The Oxnard Chamber of Commerce opposed the city council recall election when petitions were being circulated among voters. However, the recall is here. If the current mayor is recalled, we believe the best candidate to succeed him is Miguel Lopez. Miguel is an open-minded champion for Oxnard and would assume office without any preconceived agendas,” said Chamber CEO Nancy Lindholm. The Chamber’s mission is to represent business interests and advocate public policies that promote a healthy economy. The mission is accomplished through legislative involvement, networking events, and numerous other programs and services that are offered. The goal of the Oxnard Chamber of Commerce is to promote the business and economic well-being of our diverse community to benefit enterprises, big and small, through advocacy, services and education, business exposure, and promotional opportunities. The Chamber values the quality of life in our community and encourages economic vitality. The special recall election will be held May 1. Voters will be asked if Mayor Flynn, Mayor Pro Tem Ramirez, Councilmember Perello and Councilmember Madrigal should be recalled. After voters choose “Yes” or “No” for each incumbent they are asked to vote for a replacement candidate for each office. There wasn’t much elbow room at River Ridge Golf Club last Thursday when the Oxnard Chamber presented a candidates’ forum for the special recall election on May 1. The sold-out crowd of business leaders heard from three of the four incumbents targeted by the recall. Of the 14 candidates running for mayor or city council, nine participated in the forum.
The Chamber sincerely thanks Dr. Herb Gooch, Professor of Political Science at California Lutheran University for moderating the program. Click here to read the forum coverage by the Ventura County Star. The March 8 Knowledge & Networking Lunch will feature a candidates’ forum for the May 1 city council recall election. Qualified candidates vying for the positions of mayor and city council are invited to participate. The incumbent mayor and council members have also been invited to deliver messages of why they should not be recalled. Moderating the forum will be Dr. Herbert E. Gooch, Professor of Political Science at California Lutheran University. He formerly Served as Director of the Masters in Public Policy and Administration program and Assistant Provost for Graduate Studies at Cal Lutheran. Herb has written extensively and is a frequent commentator on political affairs locally and statewide. The candidates’ forum will be held at River Ridge Golf Club on March 8 from 11:30 to 1:30. Advance reservations are highly recommended since this will be a well-attended event. The lunch price is discounted for members reserving by March 5. Log on to the Chamber website or call the office at 805-983-6118 to make a reservation. You are reading an award-winning newsletter!! The Oxnard Chamber of Commerce was given the top honor at the Western Association of Chamber Executives (W.A.C.E.) annual conference in Henderson, Nevada last week. The anonymous panel of judges found the Oxnard publication easy to read and contained thought-provoking headlines. They particularly like the “5 Things we did…” section, which is a regular feature. An ad hoc committee of Chamber staff and volunteers redesigned the Business Voice last year. We hope you agree with the W.A.C.E. judges! The Oxnard Chamber also received an Honorable Mention award for its website Learn how to get the most out of your listing on our website. See what complimentary promotional opportunities are available to both new and veteran members. Can participation on a Chamber committee help your business? It's all available tonight at the New Member Mingle. "Seasoned" members are also welcome. The Chamber's Director of Communications, Janet Pozos, will be on hand to demonstrate how easy it is to link your social media accounts to your Chamber web listing. Members can also offer discounts or coupons to fellow Chamber members or the general public. Meet some Chamber Board members, the Chamber staff, and your fellow newbies! The New Member Mingle is free to attend. It will be in the Chamber office (400 E. Esplanade Drive, Suite 302) on February 27 from 4:30 to 6:00 PM. Refreshments, wine and hors d'oeuvres will be served. Click here to let us know you are coming! One of the Chamber’s signature publications is its annual Business and Community Guide. Advertising sales are now open for the 2018 edition. As with past editions, the 2018 Guide will be distributed all over town. Most of the hotels in Oxnard make it available to their guests. With its eye-catching cover and beautiful photography, the Guide is something people hold onto and use as a buying reference. The Business and Community Guide is completely compiled and produced by the Chamber, so in addition to promoting members’ goods and services, it’s a great way to support the organization as well. Ad sales will be open until February 28. Prime advertising locations will go fast, so don’t delay. Contact the Chamber today to reserve your space. There are options to fit every budget. The City of Oxnard is overseeing a project to construct an overpass on Rice Avenue over Fifth Street and the UPRR tracks. The purpose of the infrastructure enhancement is to improve safety at the busy intersection and to streamline traffic and goods movement on Rice Avenue. The overpass will eliminate the need for drivers to navigate the railroad tracks, where numerous accidents have occurred.
Justin Link, Transportation Services Manager for the City of Oxnard, and Chris Hooke, Deputy Director for the County of Ventura Transportation Department, will make the presentation. Mr. Link recently joined the city and oversees the development of transportation improvements for the City. He has over 12 years of experience in the private sector in traffic and transportation project development. Mr. Hooke has been with the County’s Transportation Department for 18 years and has overseen the construction of improvements to the County road system. Please join us on February 8 at the Knowledge & Networking Lunch to find out all the details of the project. The lunch will be at River Ridge Golf Club, 2401 W. Vineyard Avenue. Check-in and networking start at 11:30. Lunch is at noon, with the program to follow. Advance reservations are requested and are discounted if made by February 5. Click here to sign up. What do these names all have in common? Fred Ferro Stacy Miller Laura Mullen Mark Spellman Michael Wynn Song St. John’s Regional Medical Center Umpqua Bank They will all appear on awards at the Chamber’s Annual Meeting & Installation of Directors on January 18. The outgoing Chair of the Board, Amy Fonzo, will be giving out some discretionary “thank you” awards as she leaves office. The awardees helped her accomplish the 2017 program of work for the Chamber. The Annual Meeting & Installation of Directors will be held at the Courtyard by Marriott on Esplanade Drive on Thursday, January 18 from 11:30 to 1:30. Advance reservations are required and can be made via the Chamber’s website or by calling the office at 805.983.6118. Michael Wynn Song is the Vice President of Community Relations at Glovis America, Inc. Glovis imports and processes Hyundais and Kias that come through the Port of Hueneme. He also manages all of the Korean car inventory stored at airports and other locations in western Ventura County. In addition to all he does for Glovis, he will be the Chair of the Board of Directors for the Oxnard Chamber in 2018. Joining Michael in the line-up of officers will be: Chair Elect, Stacy Miller of Stacy Miller Public Affairs Immediate Past Chair, Amy Fonzo of California Resources Corporation Vice Chair/Treasurer, Andrew Kiefer of CBIZ MHM, LLC Vice Chair, Jesse Lamas Calvillo of AGQ Labs Vice Chair, Celina Zacarias of California State University Channel Islands The officers of the Chamber make up the Executive Committee, which monitors the operations and budget of the organization very closely. The Executive Committee also acts on behalf of the Board when they are not scheduled to meet. This is the final article in a series of five addressing new employment-related laws for 2018. Today we take a look at workplace safety and workers’ compensation. SB 258 establishes the Cleaning Product Right to Know Act. It requires manufacturers of designated cleaning products to disclose the chemicals in those products and create product safety data sheets. Designated cleaning products include general cleaning, air care, automotive, or polish or floor maintenance products used primarily for janitorial, industrial or domestic cleaning purposes. SB 258 affects employers that have these designated cleaning products in their workplaces. Under the existing Hazard Communications Program (which requires all employers to communicate workplace hazards to employees, particularly when employees handle or may be exposed to hazardous substances during normal work or foreseeable emergencies) standard, employers are required to maintain and make readily accessible safety data sheets providing information about hazardous substances. SB 258 will require employers to also obtain information from manufacturers about the cleaning products covered under this Act and make those safety data sheets available. As for workers’ compensation, several bills were signed into law in 2018: AB 44 requires employers to provide a nurse case manager to employees injured during the course of employment by an act of domestic terrorism. Employer-appointed nurse case managers will act as advocates to help injured workers obtain medically necessary medical treatments. This bill will also require an employer to provide a notice to claimants that will be developed by the Division of Workers’ Compensation. These provisions are applicable only if the governor declares a state of emergency in connection with an act of domestic terrorism. The Division of Workers’ Compensation will adopt regulations to implement this new law, including regulations on the scope and timing of the employer’s obligation to provide a nurse case manager and the contents of the notice that employers must provide to claimants. SB 189, which is effective July 1, 2018, clarifies when owners, officers of businesses, members of boards of directors, general partners in a partnership and managing members of LLCs may be excluded from workers’ compensation laws. This bill revisits AB 2883 from 2016, the structure of which was challenging to stakeholders. SB 189 also includes provisions allowing the ability to grandfather in prior waivers. AB 1422 extends the automatic stay on liens filed by medical providers who are charged with criminal fraud. AB 1422 cleans up issues that resulted from the enactment of SB 1160 in 2016. SB 489 extends the billing deadline for providers of emergency treatment services from 30 days to 180 days. This is the fourth in a series of articles on changes to 2018 employment laws. An important new law requires small employers to provide new parents with up to 12 workweeks of unpaid leave. Other laws affect state wage replacement benefits.
Parental Leave for Small Employers SB 63, the New Parent Leave Act, requires small businesses with 20 or more employees to provide eligible employees up to 12 weeks of unpaid job-protected leave to bond with a new child within one year of the child’s birth, adoption or foster care placement. SB 63 only requires employers to provide parental leave; it does not require employers to provide leave for other reasons, such as a family member’s medical issue. The Act covers all employers with 20 or more employees. To be eligible for the new parent leave, an employee must:
This new law will have the greatest impact on employers with 20 to 49 employees who are not currently required to provide baby bonding leave under the federal Family and Medical Leave Act or the state California Family Rights Act. If an employee takes this leave, an employer must maintain and pay for coverage under a group health plan at the same level and conditions that coverage would have been provided if the employee had continued working. Before the leave starts, an employer must provide the employee with a guarantee of reinstatement to the same or comparable position. Failure to provide the guarantee will be deemed a violation of the law, as if the employer refused to provide leave. Under SB 63, an employer can be sued if an employee alleges that the employer:
Paid Family Leave and SDI Benefits Keep in mind that a bill from 2016 affects Paid Family Leave (PFL) and State Disability Insurance (SDI) benefits starting on January 1, 2018. This bill, AB 908, increases the amount of PFL or SDI benefits an employee can receive to either 60 percent or 70 percent of earnings, depending on the employee’s income. There will still be a maximum weekly benefit limit on the amount received. AB 908 also removes the current seven-day waiting period that exists before an employee is eligible to receive PFL benefits (it is not removed from SDI). Employees who are eligible for leave under the New Parent Leave Act will be able to apply for PFL wage replacement benefits. Unemployment Insurance Under AB 1695, domestic service employers will no longer be allowed to file wage reports by telephone. Also remember that a law from 2015 requires employers to electronically submit all employment tax returns, wage reports and payroll tax deposits to the Employment Development Department (EDD). The requirement became effective on January 1, 2017, for employers with 10 or more employees. Beginning January 1, 2018, all employers will be required to electronically file and pay. As always, employers with questions about new and existing employment laws should seek the advice of legal counsel. The Oxnard Chamber strives to keep its members informed about new laws that could affect their business operations. This is the third article in a series outlining new employment laws for 2018. Today we are looking at discrimination, harassment and retaliation protections. It seems as though a day cannot go by without another case of sexual harassment in the news. Make sure your business isn’t making those kinds of headlines. Several new laws expand employee protections for 2018. Many of these laws focus on gender equality and gender identity/gender expression protections. Harassment Prevention Training: Gender Identity/Gender Expression, Sexual Orientation California employers with 50 or more employees must provide supervisors with two hours of sexual harassment prevention training every two years. Under SB 396, covered employers will have to make sure that any mandatory training course they use also discusses harassment based on gender identity, gender expression and sexual orientation. The training content must include practical examples intended to address these types of harassment. SB 396 also requires employers to display a poster on transgender rights that the Department of Fair Employment and Housing will develop. Harassment Prevention Training: Farm Labor Contractors SB 295 affects the sexual harassment prevention training that farm labor contractors must provide in order to receive a farm labor contractor's license. Contractors must now provide training in the language understood by the employee (or interpret into that language). Contractors applying for license renewal also must provide the Labor Commissioner with a list of all harassment prevention training materials and resources used and the total number of individuals trained. Failure to follow the farm labor contractor training requirements will now be a Labor Code violation; a penalty of $100 for each violation may be assessed by the Labor Commissioner. Gender identification: Female, Male or Nonbinary With the signing of SB 179, California became the first state in the nation to allow residents to choose from three equally recognized gender options — female, male or nonbinary — on state-issued identification cards, birth certificates and driver’s licenses. (Oregon recognizes the nonbinary gender marker solely on driver’s licenses.) For changes to birth certificates, the law is effective on September 1, 2018. For changes to driver’s licenses, the law is effective January 1, 2019. The bill also makes it easier for individuals to change their gender on legal documents. Individuals will no longer have to show that they have undergone “clinically appropriate treatment.” Instead, an individual can make the legal gender change by attesting, under penalty of perjury, that the request is to conform the person’s legal gender to the person’s gender identity and not for a fraudulent purpose. This portion of the bill is effective September 1, 2018. Employment Discrimination: Gender Neutral Language AB 1556 revises California’s Fair Employment and Housing Act (FEHA) by deleting gender-specific personal pronouns in California’s anti-discrimination, anti-harassment, pregnancy disability and family/medical leave laws by changing “he” or “she,” for example, to “the person” or “the employee.” Also remember that FEHA transgender regulations from earlier this year require employers to honor an employee’s request to be identified by a preferred gender, name or pronoun, including gender-neutral pronouns. Fair Pay Act Expansion AB 46 extends California’s Fair Pay Act — which prohibits wage discrimination on the basis of gender, race and ethnicity — to cover public employers; existing law only covers private employers. While public employers will now be covered, the Labor Code provision that makes willful violation of the Fair Pay Act a misdemeanor only applies to a private employer, not a public employer. Data Collection: Sexual Orientation AB 677 requires various state departments — including the Department of Fair Employment and Housing, the Department of Industrial Relations, EDD, and the Labor and Workforce Development Agency — to collect voluntary, self-identified information pertaining to sexual orientation and gender identity in the regular course of collecting other types of demographic data. These labor agencies must comply as early as possible, but no later than July 1, 2019. State entities may also collect the information from a third-party, including a private employer, that already provides aggregated data to a state department. LGBT Rights for Long-Term Care Facility Residents SB 219 enacts the Lesbian, Gay, Bisexual, and Transgender (LGBT) Long-Term Care Facility Resident’s Bill of Rights, strengthening anti-discrimination protections for LGBT individuals living in long-term care facilities. Under the bill, it is unlawful for a facility or facility staff to take certain actions because of a person’s actual or perceived sexual orientation, gender identity, gender expression or HIV status, such as:
Human Trafficking Certain California businesses are required by law to post a notice containing information about human trafficking and slavery. AB 260 extends the list of covered businesses that must post the notice to include hotels, motels and bed and breakfast inns, as defined. And SB 225 requires that the human trafficking notice include not only the number individuals can call for services and support, but also the new number for those who wish to send text messages. SB 225 makes other revisions to the model notice, which the California Department of Justice will complete. Businesses will not be required to post the updated model notice until on or after January 1, 2019. Monetary penalties for not complying with the notice requirement range from $500 for the first offense to $1,000 for each subsequent offense. Anti-Discrimination Protections for Veterans AB 1710 expands the current protections for members of the armed services by prohibiting discrimination in all “terms, conditions, or privileges” of employment. This legislation conforms state law to the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) by protecting servicemembers from hostile work environments in their civilian jobs. Health Facilities: Whistleblower Protections Existing law makes it illegal to discriminate or retaliate against an employee who raises a concern about conditions at a health facility. AB 1102 increases the maximum fine for a willful violation of these provisions from $20,000 to $75,000. As always, employers with questions about new and existing employment laws should seek the advice of legal counsel. The Oxnard Chamber strives to keep its members informed about new laws that could affect their business operations. This is our second in a series of articles about new employment laws for 2018. This week we are looking at wage and hour issues. A few new California laws affect employers' wage-and-hour laws obligations in 2018, some of which are related to enforcement. Keep in mind that on January 1, 2018, the state minimum wage increases to $10.50 per hour for employers with 25 or fewer employees and to $11 per hour for employers with 26 or more employees. This is not a new law — SB 3 was signed in 2016, and this is the next mandatory increase. If you have employees in cities and counties that may have adopted local minimum wages ordinances, be sure you comply with those as well. (Example: Malibu has a local minimum wage ordinance.) Labor Law Enforcement, Retaliation SB 306 expands the Labor Commissioner’s authority to enforce wage and hour laws. The Labor Commissioner can:
The bill also creates a new citation process for alleged violations. Increased Liability for Construction Contractors For certain private construction contracts entered into after January 1, 2018, AB 1701 imposes liability onto the general contractor for any unpaid wages, benefits or contributions that a subcontractor owes to a laborer who performed work under the contract. The bill authorizes the general contractor to request payroll records from subcontractors to confirm that wages and other benefits or contributions are being made. Barbering and Cosmetology Two new laws affect barbering and cosmetology employers and licensees. SB 490 clarifies that workers licensed under the Barbering and Cosmetology Act (BCA) can agree to a percentage or flat-sum commission in addition to a base hourly rate if certain conditions are met:
AB 326 requires additional licensee training. Existing law requires Board of Barbering and Cosmetology schools to include information on basic labor laws as part of the health and safety curriculum for licensees. AB 326 requires that, beginning July 1, 2019, the course includes information on physical and sexual assault awareness to ensure licensees are aware of abuse their clients may be experiencing (such as domestic violence, human trafficking, sexual assault and elder abuse). As always, employers with questions about new and existing employment laws should seek the advice of legal counsel. The Oxnard Chamber strives to keep its members informed about new laws that could affect their business operations. It’s a crazy world we live in! Most of our lives leave digital footprints everywhere we go. With massive data breaches (Equifax) being more common than not, how can we protect our identity and the identities of our customers? We’re going to find out at the December 14 Knowledge & Networking lunch where Identity Theft expert, Maureen Rodriguez, will address this important topic. Maureen E. Rodriguez is a Deputy City Attorney assigned to the criminal branch of the Los Angeles City Attorney’s Office since 1998. She has specialized in prosecuting Identity Theft and Fraud cases since 2005. In addition to trial work, she has provided training for law enforcement and prosecutors throughout California and in Nevada, Florida, Arizona, and Washington. She has developed training programs that have been presented for prosecutors in the California District Attorneys Association (CDAA), and for law enforcement through Police Officer Standards and Training (POST), LAPD and CHP training sessions. Maureen presents Identity Theft Awareness programs to community groups throughout the San Fernando Valley. DCA Rodriguez has contributed to television research documentaries on fraud issues. Additionally, she has authored articles that have been published in CDAA’s quarterly journal, “Prosecutor’s Brief”, and in the “REOMAC National Training Magazine” (Real Estate Owned Managers Association). Prior to employment with the Los Angeles City Attorney’s Office, Ms. Rodriguez obtained law enforcement experience with El Dorado Sheriff’s Department where she was assigned as a Patrol Sergeant. She gained financial fraud investigation experience while serving as a Vice President at BankAmerica Corporate Security. The December 14 Knowledge & Networking Lunch will be held at the Residence Inn at River Ridge, 2101 W. Vineyard Avenue. The event begins and noon and will conclude by 1:30. Advance reservations are required and can be made via the Chamber’s website (www.oxnardchamber.org) or by calling the office at 805-983-6118. Members’ reservations are discounted if made by Monday, December 11. Allan Zaremberg, the President and CEO of the California Chamber of Commerce will be speaking in Oxnard on December 1. He'll be addressing the Annual Meeting of the Chambers of Commerce Alliance of Ventura & Santa Barbara Counties. Mr. Zaremberg will be joined at the podium by Fred Main of ClearAdvocacy, LLC. Fred is the Alliance's lobbyist in Sacramento. The Alliance is a collaboration of local chambers of commerce whose mission is to build consensus to advocate for public policies that will improve the region’s business climate. Geographically, the Alliance membership stretches from Thousand Oaks/Westlake through Santa Barbara. The Annual Meeting will be held on Friday, December 1, from 11:30 to 1:30 at the Tower Club. Click here for details and to register. Over the next couple of months the Oxnard Chamber will be running a series of articles about changes in employment laws for 2018. Since California has a fulltime legislature which introduces thousands of bills every year, there is certainly no shortage of new laws that all employers must comply with. Today we will look at hiring practices. Employers will need to update their employment application questions. One of the most significant changes for 2018 came into existence via AB 168. The legislation bans employers from asking about a job applicant's salary history, including information on compensation and benefits. Employers are also banned from seeking the information through an agent, such a third-party recruiter. This new law also prohibits employers from relying on salary history information as a factor in determining whether to hire the applicant or how much to pay the applicant. However, an employer may consider salary information that is voluntarily disclosed by the applicant without any prompting. AB 168 further requires an employer to provide a job applicant, upon reasonable request, with the pay scale for the position. AB 1008 is “ban-the-box” legislation that prohibits employers with five or more employees from asking about criminal history information on job applications and from inquiring about or considering criminal history at any time before a conditional offer of employment has been made. There are limited exemptions for certain positions, such as those where a criminal background check is required by federal, state or local law. Once an employer has made a conditional offer of employment, it may seek certain criminal history information; however, some criminal history information, such as sealed or expunged convictions and juvenile crimes, is still off limits. If an employer intends not to hire the applicant because of a prior conviction, the employer must first conduct an individualized assessment to determine whether the conviction has a direct and adverse relationship with specific job duties that justifies denying employment. The employer must consider specified factors in making this assessment. Any preliminary decision not to hire because of a conviction history requires written notice to the applicant, who must be given the opportunity to respond. A specific timeline and process must be followed. The employer must consider any information provided by the applicant before making a final decision. If the employer makes a final decision to deny employment in whole or in part because of the criminal conviction, written notice to the applicant is again required. Specific information must be included in the final determination notice. Take note that the Department of Fair Employment and Housing passed criminal history regulations earlier this year. To the extent that this new law conflicts with those earlier regulations, the new law takes precedence. In addition to AB 1008, Governor Brown signed a number of criminal justice reform laws, including SB 393, which authorizes record sealing and removes barriers to employment for those arrested but never convicted of a crime. The Immigrant Worker Protection Act (AB 450) — part of a package of bills the governor signed to create a “sanctuary state” — provides workers with protection from immigration enforcement while on the job. AB 450 prohibits employers from:
An employer that provides access in violation of AB 450 can be fined anywhere from $2,000 to $5,000 for a first violation and $5,000 to $10,000 for each subsequent violation. Regarding Form I-9 inspections, AB 450 requires employers to:
An employer that fails to follow these notice requirements can be fined between $2,000 to $5,000 for a first violation and $5,000 to $10,000 for each subsequent violation. This bill also makes it unlawful for employers to re-verify the employment eligibility of current employees in a time or manner not allowed by federal employment eligibility verification laws. Federal law already prohibits unlawful re-verification practices, such as re-verification of unexpired documentation. However, this bill adds an additional state civil penalty of up to $10,000. Finally, AB 1221 requires bartenders and other alcohol servers to receive mandatory training on alcohol responsibility and to obtain an alcohol server certification. Businesses with a license to serve alcohol must ensure that each alcohol server they hire or employ has the certification. The training will include such topics as how alcohol impacts the body, drunk driving laws and how to prevent service to intoxicated patrons. These requirements go into effect in 2021, after the course is developed by the Department of Alcoholic Beverage Control. (Note: The city of Oxnard already has a Responsible Beverage Server program and certification.) As always, employers with questions about new and existing employment laws should seek the advice of legal counsel. The Oxnard Chamber strives to keep its members informed about new laws that could affect their business operations. |