The Brentwood Clarion
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The Brentwood Voice of Business Vol. 45, No. 6
JUNE 2009 FEDERAL LEGISLATION Labor and Employment The CalChamber and the U.S. Chamber of Commerce urge your active opposition to the S.560 and HR. 1409 OPPOSE S.560 (Senator Edward Kennedy (D-MA)/HR. 1409 Representative George Miller (D-Martinez) ‘Card Check’ Selection of Unions — Eliminates the right of workers to hold secret ballot elections and increases costs for employers already struggling to make payroll in this economic downturn. Allows the federal government to gain more control over private companies through government arbitrators deciding the terms of labor-management agreements.
No to EFCA: Protect Secret Ballot Elections for America's Workers
Union leaders want to change the rules of how unions are recognized by encouraging legislators to do away with the proven practice of holding free and fair secret ballot elections. This bill would undermine long standing principles of workplace democracy and fairness and result in employees having less ability to determine if they wish to be represented by a union. It does so by allowing unions to collect employee signatures in public-or so-called "card check"-and do away with the secret ballot process. While EFCA is being promoted by organized labor as labor law reform to level the playing field, it does not represent "reform" in any sense of the word. Rather, the legislation will radically restructure 60 years of carefully crafted labor law balances that have served both unions and employers well for many decades. Urge your U.S. Senators and Members of Congress to vote against the Employee Free Choice Act We strongly supports the right of workers to voluntarily join unions under fair and democratic rules, We are determined to block labor’s legislative initiatives, expose abusive pension fund schemes, and oppose abusive union organizing tactics and state laws that pressure companies to unionize. We oppose a radical agenda in Congress to rewrite our nation’s employment laws that would restrict flexibility in the workplace, expand liability and damages under federal employment related laws, add new criminal penalties under safety and health laws, eliminate arbitration, and mandate new paid leave requirements.
CONGRATULATIONS, BONNIE ON YOUR RETIREMENT After over fourteen years of service to the Brentwood Chamber and the community, Bonnie Lucchese is retiring. When Bonnie started there were only a few members and the Chamber kept track of them, by hand, in a notebook. The Board of Directors was made up of a very few dedicated community individuals who wanted to organize the business community leadership to move the community and the region forward. During all of Bonnie’s tenure as the Chamber executive the Chamber was located in the center of Downtown at 240 Oak Street. Under Bonnie’s guidance the Chamber’s membership grew to over 700 members until the recent economic slowdown took it toll on local business. She will never forget getting the 300th member. The membership was 298 and with a mixer at Harvest Park Bowl that evening, they wanted to announce 300. Karen Spann went out the office door one way and Bonnie the other—within 10 minutes each came back with a new member and the goal was achieved. After Bonnie leaves the Chamber she plans to do some catching up at home and volunteering at some of the local non-profit organizations. Bonnie has served as Brentwood and Chamber historian, business advisor, confidant and friend to so many. If you’re curious what happened or why certain decisions were made in the past, Bonnie most likely has the answer. If you want help thinking through a new business idea, Bonnie always listens, offers encouragement and sometimes the reality check that’s needed. If you need a shoulder to lean on, guess who is always available. Bonnie is looking forward to spending time with her six year old puppy. The Chamber will certainly not be the same without Bonnie’s presence. We wish her much happiness in her well deserved retirement.
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BRENTWOOD BEST BUY Reaching Out to Our Local Community By Marlon Smith, Chamber Director My name is Marlon Smith and I am the General Manager at our Brentwood Best Buy store. I have lived in this community for 5 years. I moved out here because I love the rural parts of our community and to raise my family; the weather here can’t get much better. It’s nice to live in a community where you know your neighbors. As you all know Best Buy has been around for a long time and as some of you may have seen we have also played an active role in our community since our store’s grand opening in June of 2007. Business involvement is a huge important role that all businesses should play within their local communities. Sometimes we can get lost in working for a big corporation and it can be extremely difficult to get involved in the community plus it can also be hard to get the community to open up to a bigger corporation. The great thing about opening up a store in this community is that we have yet to have a problem with reaching out and vice versa. Our store has done a wide variety of events to cater to the different needs and wants of our community. We have done things as small as doing a Guitar Hero tournament in the store to things as big as our annual Easter Egg hunt. Our event team is always willing and able to cook up any new events or ideas that may come up. Not only do we host events in our store but we go beyond the limits and bring Brentwood Best Buy to you. We have done many events at local High Schools, Elementary Schools, and Junior High Schools. We have our annual events that we host in the store to get everyone involved including Moms, kids, Dads, whoever may want to come out. Brentwood Best Buy always has new and upcoming events in line, such as our annual car show benefitting Oakland PD’s fallen officers, our involvement in the CornFest, our annual involvement in relay for life, and booths at our local summer concerts. Our involvement in the community not only drives business but it keeps spirits up and smiles on people’s faces. Having businesses involved in the community that are willing to help our local charities and schools is a huge factor that Best Buy believes in. We also get involved in the community in the hope of getting other businesses involved as well and creating somewhat of a domino effect. Brentwood Best Buy and myself look forward to continuing to reach out to the community and be involved in what drives bringing out the best in our community.
FREMONT BANK 200 Sand Creek Road, Suite F Brentwood, CA 94513 925-634-6992 On Friday, May 1st, the Fremont Bank celebrated moving into their new facility at 200 Sand Creek Road, Suite F by cutting a ribbon in front of the building. Deborah Willis is shown here doing the honors with staff, Chamber Directors and Ambassadors assisting.
Mission Statement: The Brentwood Chamber of Commerce is a voluntary organization dedicated to the promotion of the civic and commercial progress of the community. We will continuously strive to maintain and foster a healthy business climate for Chamber members and the entire community.
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Page 3 The Brentwood Chamber office is now able to provide you with all your Human Resource materials. We have copies of the 2009 California and Federal Posters, 2009 California Labor Law Digest, California Labor Law Administration, and the 2009c Employee Handbook software.
Now on sale in the Chamber office is a pictorial history of Brentwood by author Carol A. Jensen
STATE OF THE CITY City staff answering questions at the State of the City meeting on April 30, 2009 at the new Brentwood Senior Center on Griffith Lane
All Sports Trophies Advertising Specialties Custom & Corporate Awards
(925) 516-8880 • Fax (925) 625-5316 Email: starawards@sbcglobal.net
Bob & Sharon Sherriff, Owners
Chamber CEO Harry York and Mayor Robert Taylor prepare to greet the citizens of Brentwood at the State of the City meeting.
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EMPLOYERS: STOP STEPPING ON LANDMINES -SOME COMMON ERRORS TO AVOID It is universally accepted that California is an employee-friendly state and the employment laws are a minefield for employers. However, some landmines are stepped on more frequently than others. The following are some of the most common employer errors that I have encountered in my practice. If you recognize yourself, don’t feel alone, but do take action to clear that particular landmine from your path. 1. Hold an employee’s final check until he/she returns uniform and other company property. Seems reasonable, right? Sorry. Final paychecks are due at the time of termination. If an employee quits with less than 72 hours notice, the check must be given to them within 72 hours after notice is given. The exceptions to these rules are so rare as to not warrant the space here to discuss. Failure to comply with these rules subjects employers to waiting time penalties that can be a maximum of 30 days of wages (not one month; 30 days). 2. Characterize all employees as exempt and pay them a salary. Makes it easier for everyone. No timecards, no calculating overtime, employees know how much they’ll get every pay period. Win-win. Again, sorry. While there are, of course, certain employees that are exempt from overtime laws and can be paid a straight salary regardless of the hours they work, typically the majority of employees do not qualify, they are “non-exempt,” and overtime must be tracked and paid. Merely paying employees by salary rather than hourly wage does not render an employee exempt. 3. Pay employees in cash because they ask for it that way. It is remarkable how many employers, in an attempt to be accommodating, pay employees in cash. While the cash itself is not problematic, the appropriate withholdings must be taken (and documented), an itemization of wages and deductions must be provided, and the payment itself must be documented, preferably with a signed acknowledgment from the employee. 4. Let employees work through lunch and leave an hour early. This one is very common. The problem is that the current state of the law requires employers to prove employees have taken their lunch break. This is non-negotiable. If you allow this arrangement, the employees will gladly accept the hour off early and then sue you after they leave your employ for failing to provide a lunch break. This will cost you one hour of regular pay for every day you can’t prove the lunch break was taken. Plus penalties. 5.Hire “independent contractors” rather than “employees.” Independent contractors are so much easier to deal with because there are no withholdings to be taken, no benefits to administer, no workers’ compensation worries, and so on, right? Unfortunately, the world of true “independent contractors” is a small one. Otherwise everyone would be doing it. Most workers do NOT qualify as independent contractors, and the various government entities that can be involved in this issue can’t even agree on a definition. So while the independent contractor/employee will gladly accept their full gross compensation, their tune tends to change when they want to file an unemployment claim, workers’ compensation claim or state disability claim. 6. Make loans to employees and have them agree to finish paying it back out of their final check. Again, sounds reasonable, right? The problem here is that deductions from paychecks are a creature of statute and are therefore limited to what the law says. And it doesn’t say personal loans can be deducted at all. And it certainly doesn’t say you can take a lump sum out of the final check. I strongly discourage loans to employees for a variety of reasons, one of which is the difficulty in obtaining repayment when employment is ended. About the best you can do is have the employee sign a promissory note and the employer has to collect on that note just like any other debt. 7. Have a “use it or lose it” vacation policy. Flat out no. If the employee accrues vacation time, it belongs to them and must remain on the books until used or paid out when employment ends. Reasonable caps on accruals are fine. But once they have it, you can’t take it away. Continued on page 5
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Continued from page 4
8.Don’t bother to document hours worked. Like the cash payments, this one is remarkably common. You hired an employee to work 5 days per week, 8 hours per day, and that’s how you pay him. No need for a bunch of paperwork or to mess with timecards, right? Wrong. This same employee will show up at his Labor Commission claim hearing with a hand-written journal stating he worked 10 hours per day and claiming entitlement to 2 hours of OT for every such day. What do you have to combat that claim? Nothing. Get your checkbook out. It is the employer’s 8.responsibility to document hours worked. This one is also non-negotiable. 9. Ignore complaints that an employee is being “bothered.” Red flag. Is this notice of a sexual harassment claim? I highly recommend over-reacting to anything that sounds like it could even remotely be deemed sexual harassment. Employers are obligated to provide a safe work environment (and I don’t just mean OSHA standards). That means employees have to be protected from each other, customers, vendors, and so forth. Prompt, appropriate investigations are key to heading off or at least defusing sexual harassment claims. Don’t stick your head in the sand and hope rumblings or rumors about such conduct will simply go away on their own. They won’t. 10. Don’t bother with an employee handbook. This should have been No. 1. It’s difficult to enforce policies when you haven’t communicated them to employees. Miscommunication between employer and employee is one of the top reasons for an employment relationship to sour. Formulate your policies, write them down, communicate them to the employees, and then enforce them equitably. Employees just want to understand the rules of the game and to feel those rules are fairly and consistently enforced. Even small employers with just a few employees should have an employee handbook that is appropriate and tailored to their business (or at least written memos signed by employees acknowledging receipt). In sum, keep your eyes open for landmines. Simply hoping for the best will only delay the inevitable. California employment laws can be dealt with, but be pro-active instead of waiting for trouble to knock on your door. By: Rhonda Shelton, Attorney at Law Ms. Shelton is a partner in the law firm Shapiro Buchman Provine LLP in Walnut Creek, California and specializes in the area of employment law. She can be contacted at: Email: rshelton@sbllp.com Tele: (925) 944-9700 Website: www.sbllp.com
At-Home Tastings •Premier Wine Gifts Custom-Labeled Corporate Gifts
Kathi Reed Independent Wine Consultant
925-240-8382 www.winealongwithme.com wine@kathireed.com
Phone: 925-625-0278 P.O. Box 406 Oakley, CA 94561 www.linmarkltd.logomall.com
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Ambassador’s Corner by Michael Hernandez New York Life Insurance
My name is Michael Hernandez, and I am the newly appointed Ambassador Chair for the Brentwood Chamber of Commerce. I joined the Brentwood Chamber of Commerce to meet and help people while building my business. Prior to my involvement with the Brentwood Chamber I was a recent graduate from UC Davis where I was on baseball scholarship. I pursued my professional baseball career and tried out with a few major league teams, one of which was the Phillies. I was invited to a two day tryout at the Phillies spring training facility in Clearwater, Florida and did very well; unfortunately it did not work out. I decided to retire from baseball and start a career with New York Life Insurance Company. I am passionate about helping people and what I love the most about working for New York Life is they have solutions to help individuals, families, business owners and retirees during these economic times. I am able to help people save money and/or make money and I do so by reviewing their existing life insurance policies to make sure they are not paying for insurance they do not need. I also share with my clients’ ways to take advantage of tax deferral growth, receive tax free income and possibly get tax deductions. It is amazing to me how many people are unsure of what type of life insurance they have and how they have never been educated about the benefits of insurance. I feel it is my job to educate and help those in need. Being a part of the Chamber allows me to meet a lot of wonderful people in this great community. I enjoy meeting new people because of the positive impact I can have in their lives. I make it a personal goal to learn as much as I can about people and their business and try to find ways to help their business grow. As an Ambassador I look forward to finding ways to continue having a positive impact in Brentwood.
ESKATON LODGE FLAG CEREMONY Eskaton’s flag was in need of replacement and Congressman McNerney was informed, so he arranged to bring a flag that had flown over the Capitol to replace the worn flag. On Monday, May 11th, the Boy Scouts assembled to properly take down the worn flag and put up the new.
As you can see, the Boy Scouts did an excellent job of removing the old flag for retirement. Gathered for the ceremony were Eskaton residents and staff, Mayor Taylor and Congressman McNerney, Brentwood Chamber Directors and Ambassadors.
Congressman McNerney and Mayor Taylor speaking with the residents of
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Thursday, June 18, 2009 from 5:00 to 7:00 p.m.
“Downtown Brentwood on First Street” Downtown Merchants will be hosting their first Peach Jubilee that night. All Chamber members are welcome to set up at booth at this event. For only $50.00 you can show case your business downtown. You don’t have to be a Chamber member to participate in this event. Non-Chamber members $100.00 You must provide your own table and chairs, you may bring a 10x10 pop up tent. Each Business will be assigned a space.
This is a great networking opportunity to showcase your Business. Limited Space! Reserve your spot Today! You may start setting up at 4:15 p.m. Please bring a raffle prize from your business for the raffle prize drawing.
Mail your check along with the bottom portion of this flyer to The Brentwood Chamber 8440 Brentwood Blvd., Suite C Brentwood, CA 94513 Your Name:_____________________________________Phone:____________________ Email Address:__________________________________________________ Check#_________ Cash:____ Credit Card#:_______________________________________ Office use only
Exp:________ Name:________________________________________ on credit card:
Space#:_________
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2009 CALENDAR OF EVENTS
GOLF TOURNAMENT MARK YOUR CALENDAR FOR FUN SCRAMBLE SEPTEMBER 18TH
June 11
Brown Bag Lunch—”How to advertise your business”
June 18
Mixer/Trade Show—Historic Downtown First Street
June 25
Good Morning Brentwood Amy Alvis, Esq.—”Living Trusts”
July 10,11,12
CornFest
July 16
Mixer—Brentwood Golf Club
July 22
CC Chamber’s Stimulus Summit
July 23
Brown Bag Lunch—”Business Insurance Issues”
August 6
Chamber Lounge
August 13
Brown Bag Lunch—”Working with the Different generations
August 20
Mixer—Harvest Park Center
August 27
Good Morning Brentwood Greg Benner, Les Schwab Tires, “Customer Service”
September 3
Chamber Lounge
September 10 “Ask the Experts” “The new I-9 Rules & Immigration Issues September 17 Mixer—First Bank September 18 Golf Tournament October 15
Mixer—John Muir Health
October 24
Hometown Halloween
November 7
A Taste of Brentwood
November 19
Mixer-Scary Larry's
November 21
Holiday Parade
December
Holiday Gala
AT
Mixer Locations (or Ribbon Cuttings) can (and do) change at
RODDY RANCH
www.brentwoodchamber.com
any time. Check the Calendar of Events on our website for updated information:
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BRENTWOOD SENIOR CITIZENS CLUB, INC. Frank Payne 193 Griffith Lane Brentwood, CA 94513 Phone: 925-516-5380 Fax: 925-516-5382 Email: dept-parkrec@ci.brentwood.ca.us
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HOME LOAN PRESERVATION Aaron Marinucci, Owner 50 Eagle Rock Way Brentwood, CA 94513 Phone: 925-418-4237 Fax: 925-418-4241 Email: amarinucci@homeloanpreservation.com Web Site: www.securemods.com
CITI PERSONAL WEALTH MANAGEMENT Rodney Rodriguez 2672 Torrey Pines Drive Brentwood, CA 94513 Phone: 650-697-4087 Fax: 650-692-6375 Email: rodney.rodriguez@smithbarney Web Site: http://fa.smithbarney.com/rodneyrodriguez
PRE-PAID LEGAL SERVICES Allan Myles 1399 Sunflower Lane Brentwood, CA 94513 Phone: 925-516-9964 Email: amyls@prodigy.net Web Site: wwwprepaidlegal.com/hub/allanmyles1
COMMUNITY INTEGRATED SUPPORT SERVICES John Farman, Executive Director 151 Sand Creek Road, Bldg. 6, Unit G Brentwood, CA 94513 Phone: 925-777-0696 Fax: 925-777-0693 Email: jfarman@cissinc.org
UNITED SITE SERVICES Chris S. Power, Sales Rep. 3408 Hillcap Avenue San Jose, CA 95136 Phone: 209-649-7937 Fax: 408-578-9562 Email: chrisspower@unitedsiteservices.com
DRIFTWOOD YACHT CLUB William McCoy 6349 Bridgehead Road Oakley, CA 94561 Phone: 925-757-5800 Email: billmccoy@localnet.com
YOGURT PIZAZZ, LLC Lou Rigney, CEO 3860 Balfour Road Brentwood, CA 94513 Phone: 925-626-7840 Fax: 925-626-7841 Email: lourigney@yogurt pizazz.com
FAIRVIEW MANOR Antonio Tacaldo, Administrator 1530 Fairview Avenue Brentwood, CA 94513 Phone: 925-516-2561 Fax: 925-240-0218 Web Site: www.fairviewmanorbrentwood.com HAIR AND MAKE-UP STUDIO Debra Vigil, Owner 60 Eagle Rock Way, Suite A Brentwood, CA 94513 Phone: 925-418-4146 Email: hairandmakeup
Please call PG&E’s Brentwood Customer & Community Relations Manager Jacqueline Clarke at 925-459-8067 to schedule an appointment. Jacqueline will be able to assist you in becoming energy efficient and reducing your energy costs!
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Page 11 BRENTWOOD CHAMBER OF COMMERCE 2009 BOARD OF DIRECTORS Karen Spann, President The Monthly Grapevine
Kathi Reed, Past President WineShop at Home
Shayn Cutino, President-Elect Anja Wellness
Ken Seamann, CFO Discovery Professional Services
Joe Trebino, Executive Committee Delta Pure Water, Etc.
Brent Aasen, Director EQUUS Group
Greg Benner, Director Les Schwab Tires
Bill Fee, Director Mazzy’s Fire Protection Specialists
De-De Hays, Director Prudential California Realty
Paul Kelly, Director Home One Mortgage
Sean McCauley, Director McCauley Olive Groves
Richard Perez-Pacheco, Director Black Sheep Design
The Chamber Ambassador Team
Marlon Smith, Director Best Buy
Olga Vidriales, Director
Pat Trombino, First Bank 2008 Ambassador of the Year Paul Roman, Window Innovations Amy Alvis, Living Trusts by Amy David Mengel, Gemini Staffing Vicki Sexton, First Bank Olga Vidriales, Travis Credit Union Susanna Wahl, Edward Jones Donna Zickerman, Sarah Coventry Ed Gutierrez, Certa Pro Painters Melina Perdom, Certa Pro Painters Joe Randall, Randall Investment Group, Inc Michael Hernandez, New York Life Lori Knudsen, California Payroll
Travis Credit Union t——————————————————
Harry York, CEO Lyle Miller, Membership Services Dir. Bonnie Lucchese, Support Services Dir. Jilda Fairhurst, Event Coordinator Bill Putman, Volunteer Pat Trombino, CornFest Assistant CHAMBER HOURS Monday through Friday 9:00 a.m. - 5:00 p.m.
Phone (925) 634-3344 Fax (925) 634-3731 email: info@brentwoodchamber.com
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CORNFEST IS LOOKING FOR A FEW GOOD PEOPLE TO VOLUNTEER The Brentwood Clarion Brentwood Chamber of Commerce 240 Oak Street Brentwood, CA 94513
Phone: 925-634-3344 Fax: 925-634-3731 Email: info@brentwoodchamber.com www.brentwoodchamber.com