On November 21, OXYP – Oxnard Young Professionals – kicked off the season of giving at its second-annual holiday mixer. In the weeks leading up to the networking event, OXYP led a fundraiser to collect gifts cards to benefit local teens served by Project Understanding.
“The evening was a success! We were able to collect 72 gift cards and donate them to Project Understanding,” says Taylor Penny, 2019 OXYP Chair and the Annual Campaigns Coordinator for St. John’s Healthcare Foundation.
“Tears filled my eyes as I handed them over to Jan Hauling from the organization. She was so grateful and expressed how much of a difference we have made for the families who will be receiving the cards.”
Located in Ventura, Project Understanding is a nonprofit that provides hope by developing and directing resources for the purpose of transforming lives and community through justice, mercy and compassion.
The event was held at Red Tandem Brewery and included food from Marco's Pizza, both Chamber members.
“A big shout out to Red Tandem for inviting us into their space and giving free tastings to those who attended, and to Marco’s Pizza for donating delicious pizza for us to enjoy!” says Penny.
Later in the month, OXYP is hosting a private holiday party for teens at the Boys and Girls Club of Greater Oxnard and Port Hueneme for the second year in a row. At this year’s event, OXYP is providing a Gamez on Wheels 2D/3D game truck and serving up ice cream.
Penny says she hope this tradition of supporting local kids and teens continues with OXYP with more holidays seasons to come.
“Moments like that are why I do what I do,” she says. “It’s not easy asking for help or donations from community businesses but when you know you’re making a difference in a life, a kid’s life, that’s all what matters in the end.”
By Chamber Chair Stacy Miller
It has been my honor to serve as your Chair of the Board for 2019. In addition to working with an excellent board of directors, Chamber CEO and staff, I have thoroughly enjoyed getting to know and work with the myriad of business and government leaders in Oxnard. These dedicated professionals regularly seek out ways to improve the business climate in our community, generously giving of their time and talent to improve Oxnard for the benefit of everyone.
While Oxnard is known as Ventura County’s most populated community, it is also home to many amazing businesses that employ thousands of people. Over the last year, I have had the privilege of touring some of these businesses, including Haas Automation, Mission Produce and CURE Pharmaceutical to name a few. At all of these (and other) Oxnard-based businesses, I have been very impressed by their world-class technology and expertise in their fields; all right here in Oxnard!
At the local government level, the Chamber works together with local leaders on issues ranging from land use and business regulations, to homelessness and housing. While we are not always in agreement on every issue, I have consistently experienced a great willingness on the part of our leaders to listen and consider varying ideas and opinions for the good of our community.
It is my pleasure to share with you a few of the many accomplishments made by the Oxnard Chamber of Commerce in 2019, in partnership with the business and government communities:
I want to thank each and every one of you for your support and participation with the Oxnard Chamber of Commerce. Together we can continue to be the catalyst for business growth, the convener for leaders and influencers, and the champion for a stronger community.
‘Be Afraid. Be VERY Afraid!’ Knowledge & Networking Lunch Provides Update on Independent Contractors, Overtime and More
OXNARD, CA – Avoid the catastrophic consequences of ignorance in a rapidly changing field of law as attorneys Brian Koegle and David Poole of Poole, Shaffery & Koegle, LLP present the “Be Afraid. Be VERY Afraid!” Employment Law Update hosted by the Oxnard Chamber of Commerce on Thursday, Dec. 12. Held at the Residence Inn by Marriott/River Ridge, this Knowledge and Networking Lunch provides insight on legal matters affecting Oxnard businesses and professionals.
“If you’re not updating your employee handbook annually, it's probably not worth the paper it’s written on,” Brian Koegle explained of the fluid nature of employment law. “Every year, drastic changes to employment law go largely unnoticed by the majority of the business community — until they need us.”
The purpose of the upcoming luncheon, David Poole explained, is to help businesses understand and prepare for a new year of changes, so they can take proactive steps to protect themselves and their businesses. Without a nuanced appreciation of these laws, business professionals unknowingly could make significant and costly mistakes.
Topics to be covered during the luncheon include:
“Ignorance is not bliss when it comes to the law,” Koegle said. “Your business can’t afford to ignore California employment laws and risk catastrophic results.”
The 2019 Employment Law Update will be held Thursday, December 12 at 11:30 a.m. at the Residence Inn by Marriott/River Ridge.
For tickets, please visit OxnardChamber.org. Early registration is $35 (regular $40) for members of the Oxnard Chamber of Commerce and $45 for non-members. Seats are limited and sell out quickly. Visit oxnardchamber.org to become a member.
About Poole Shaffery & Koegle, LLP
Poole Shaffery & Koegle, LLP is a full-service law firm of legal professionals who are committed to providing high-quality representation to each business or corporate client. The firm has garnered a reputation for providing professional, effective legal representation in business transactions, business litigation, employment counseling, employment litigation, transportation, and a range of other legal services.
Founded in 1998 by partners David Poole and John Shaffery, the firm has enjoyed exceptional growth in both size and areas of practice. Since then, Brian Koegle has been named partner. The firm provides counsel from a team of attorneys in six offices throughout California: Los Angeles, Santa Clarita, Orange County, San Francisco, and San Diego.
For more information, please visit pooleshaffery.com.
About Oxnard Chamber of Commerce
The Oxnard Chamber of Commerce is the catalyst for business growth, the convener of leaders and influencers, and the champion for a stronger community. Founded in 1908, today the Chamber empowers 500 businesses and organizations that employ more than 30,000 people. We promote the business and economic well-being of Oxnard’s diverse community to benefit enterprises, large and small, through advocacy, networking, education, services, business exposure and promotion.
For more information, please visit oxnardchamber.org.
Oxnard Chamber of Commerce will celebrate the grand reopening of California Hand and Physical Therapy with an official ribbon cutting ceremony on Wednesday, December 4 from 4:00-6:00 p.m.
Media and the public are invited to attend the ribbon cutting at California Hand and Physical Therapy Inc. locate at 2001 Solar Drive, Suite 150 in Oxnard. There will be refreshments, tours, networking opportunities and more.
California Hand and Physical Therapy specializes in hand therapy, with a unique approach that looks at the whole body and how the hand relates to the active body. They also provide general physical therapy. Their mission is to invest in the overall well-being of those in their care and educate them on living a healthy, pain-free life through a personalized therapy experience.
Learn more about California Hand and Physical Therapy by calling (888) 722-3131 or visiting www.cahandpt.com.
ABOUT THE OXNARD CHAMBER OF COMMERCE
The Oxnard Chamber of Commerce is a catalyst for business growth, a convener of leaders and influencers, and a champion for a stronger community. Founded in 1908, today the Chamber empowers 500 businesses and organizations that employ more than 30,000 people. It promotes the business and economic well-being of Oxnard’s diverse community to benefit enterprises, large and small, through advocacy, networking, education, services, business exposure and promotion. Learn more at OxnardChamber.org.
By Brian E. Koegle
Since the California Supreme Court issued a ruling in April 2018 (Dynamex Operations West, Inc. v. Superior Court), California businesses have been scrambling to decipher the scope and application of the court’s ruling. Flash forward to September 18, 2019, when Governor Gavin Newsom signed Assembly Bill 5, and a number of significant questions still linger over who can and who cannot be classified as an independent contractor.
As a brief refresher, the Dynamex ruling set forth a new “ABC test” to help inquiring employers understand when, at least according to the California Industrial Welfare Commission wage orders, a worker must be classified as an employee, rather than an independent contractor. As applied, the new test resulted in most independent contractor relationships now qualifying as employment relationships. As part of the “ABC Test,” a business has the burden of proof on all of the following factors in order to establish that the worker is an independent contractor:
A) That the worker was free from control and direction of the hirer in connection with the performance of the work, both under the contract for performance of such work and in fact; AND,
B) That the worker performed work that is outside the usual course of the hiring entity’s business; AND,
C) That the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.
If the business is unable to prove, through a preponderance of the evidence, that each of the following statements is true and accurate, the worker “defaults” back to an employee, and must be afforded all of the protections and privileges of the California wage orders and the California Labor Code (i.e., payment for overtime hours worked, provision of meal and rest periods, protections under the California Workers’ Compensation Act, and withholding of all required federal and state taxes from wages earned).
The California Legislature then codified the “ABC Test” into the California Labor Code as part of AB5. In the days leading up to the bill’s signing, a number of groups lobbied for, and were granted, exemptions from the application of the ABC Test. Among the lucky professions which were exempted are lawyers, doctors, hairstylists, barbers, commercial fisherman, marketing professionals, fine artists and payment processing agents. Notably absent from the list of exempted professions are all those workers performing services in the so-called “gig economy” – think Uber and Lyft drivers, GrubHub, Postmates, and all of our favorite convenience-based enterprises. The commonality or rational for granting some groups exemptions over others is not readily apparent (unless you follow the lobbying monies on either side of the issue). The effect of exemption means that workers under these selected professions are analyzed under the predecessor to Dynamex, known as the “Borello test”. By all accounts, it is much more difficult to establish independent contractor status under the ABC test over the Borello test.
Although the law has an effective date of January 1, 2020, the Legislature has assigned a retroactive effect, since the provisions of AB 5 were described as “an interpretation of existing law.” Consequently, business owners may become liable for violations in the past, dating back three (and possibly four) years.
To provide context for the risks businesses are facing, the following are among the damages available to workers who have been misclassified: