J A N U A RY 2 0 1 8
FOR A SUCCESSFUL 2018 AND BEYOND!
Table of Contents •
Page 4- President’s Report
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Page 5- QubicaAMF Partner
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Page 6- BPAA Member Benefits
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Page 7- BPAA Summit Information and RSVP
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Page 8- New Center Consulting Partner
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Page 9- 2018 BCSC Board of Directors
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Page 10- BCSC/ NCBC Joint Board of Director Retreat Western Bowling Proprietors Insurance Partner
Photo courtesy of Strike Ten Entertainment Resource Center.
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Page 11-12- BCSC/ NCBC Joint Legislative Party Sacramento, CA
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Page 13-15- Summary of select new employment law changes by Eric Martin, ACG Consulting Services.
It’s a Beautiful Time to be in the Business of Bowling
Be A BCSC Power Member! It Pays to Belong! www.SoCalBowling.com
Photo Photo courtesy courtesy of of Strike Strike Ten Ten Entertainment Entertainment Resource Resource Center. Center.
President’s Message
2018 A Year of Positive Change
Welcome to 2018! I hope every had a wonderfully busy holiday season at work while enjoying the blessings of family and friends on the home front.
The quick and casual reports are coming in that 2017 was another banner year for the SoCA bowling business. Colloquially, it seems as if most top line revenue categories are in the black ink with a super-strong year-end rally as well. That’s the good news. The tough news is that trying to keep a larger portion of the bottom line becomes harder and harder. Most expense items from employees, health insurance, government rules, regulations and taxes seem to continue up to rise and rise. Beyond this line, I won’t even mention the new tax law just passed by Congress and signed by the President. We simply don’t know how/if these changes will effect us corporately or individually. We’ve also had a change in staffing at the BCSC HQ. Scott Poddig will no longer be serving as BCSC Executive Director. I know you will join me in wishing Scott all the very best with his next endeavor. The BCSC Board has engaged the BCSC Executive Director Search Committee and we are interviewing candidates as I type this membership letter. So, while 2018 will bring a host of changes, there are a few things that you can count on: 1) The BCSC remains strong and financially healthy 2) The BCSC will continue to provide excellent service to all members 3) The BCSC will help market and promote the benefits of bowling throughout SoCA. 4) The BCSC remains inclusive. We actively seek the involvement of ALL our members. 5) While an independent not-for-profit trade association, the BCSC is aligned with the mission and vision of the BPAA. Meetings and events: In 2017 your BCSC Board approved to underwrite the entire cost for an unlimited (all-you-can-eat) plan for BPAA’s Bowling University courses as well a complimentary boot camp. Your BCSC Board is planning several major events in 2018. All are designed to help BCSC Members, and their staff, run their bowling center(s) with greater efficiency and profitability. In May, all member centers will be invited to attend a 3-day intensive BPAA Management School that’s coming to So CA! These are your BCSC/BPAA dues being put to work for you, our stakeholders. Your board takes great pride and careful thought when deciding best ways to invest your dues to help grow the business for every member center. On behalf of your entire BCSC Board of Directors, we hope you enjoy this new version of the BCSC newsletter (another change for the positive) and participate in your very own association built specifically for you, the bowling proprietor by bowling proprietors. Watch for this, and other updates, throughout the year. Best regards, Gary Forman, BCSC President and Proprietor of Fountain Bowl.
Joe Roussin, District Sales Mgr. • 714.974.9436 • jroussin@QubicaAMF.us
Member ship Goals For 2018 g n i l w o B 100% enewals R r e Cent 5 New Members
2018 Meetings & Conventions Start the year off right by joining BPAA and BCSC members for learning opportunities!
January 14-18 Marriott Phoenix Tempe at the Buttes, Phoenix, AZ www.BowlingSummit.com
2018 BCSC Officers & Board of Directors Gary Forman, President Fountain Bowl 17110 Brookhurst St. Fountain Valley, CA 92708 Ph: 714-504-2695 GCF@FountainBowl.com
Tony Sands, Vice President Jewel City Bowl 135 S. Glendale Ave. Glendale, CA 91205 Ph: 818-243-1188 Tony@BackAlleyBowl.com
John Balla Parkway Bowl 1280 fletcher Parkway El Cajon, CA 92020 Ph: 619-448-4111 ballasan@aol.com
Tony Mendola Harley’s Simi Bowl 480 E Los Angeles Ave Simi Valley, CA 93065 Ph: 805-526-4212 Tony@HarleysBowl.com
Todd Makovsky
Jamie Spector Aztec Lanes San Diego State University 6075 Aztec Circle Dr. San Diego, CA 92182 Ph: 619-594-6559 jspector@mail.sdsu.edu
Sandy Hill Lanes, Mgr. Marine Corps Community Services MCAGCC Box 788150, Bldg. 1584 Twentynine Palms, CA 92278 Off: 760-830-6422 Cell: 760-485-0934 MAKOVSKYTR@usmc-mccs.org
Mickey Cogan Gable House Bowl 22501 Hawthorne Blvd. Torrance, CA 90505 Ph: 310-378-2265 KMCGable@yahoo.com
Steve Davis Zodo’s Bowling & Beyond 5925 Calle Real Goleta, CA 93117 Ph: 805-967-0128 SteveD@Zodos.com
BCSC HQ: 13896 Harbor Blvd. Ste. 5A, Garden Grove, CA 92843 Off: 657-231-6675 • Fax: 714-333-4798 • ED@SoCalBowling.com www.SoCalBowling.com
Dina Fink, Secretary/Treasurer Buena Lanes 1788 S. Mesa Verde Ventura, CA 93003 BuenaBowler@aol.com
Jesse Hansen Harley’s Valley Bowl 5525 Cochran Street Simi Valley, CA 93063 Ph: 805-584-2695 jesse@harleysbowl.com
Charlie Kinstler Del Rio Lanes 7502 Florence Ave Downey, CA 90240 Ph: 562-505-5435 cvkljk@aol.com
2018 Meetings & Conventions BCSC / NCBC 2018 Joint BOD Retreat
January 7-10 Palm Springs, CA
Looking to make a difference? Join the BCSC Board • • • • •
Learn and Share Make New Discoveries Grow Bowling in So CA Have Fun Planning Events Be a Part of the FUTURE!
W H AT Y O U D O N ’ T K N O W A B O U T N E W 2 0 1 8 S TAT E & FEDERAL LAWS WILL KILL YOUR BOWLING BUSINESS!
PA R T I C I PAT E I N T H E 2018 BCSC / NCBC JOINT L E G I S L AT O R S & S TA F F B O W L I N G PA R T Y ! Meet Your State Legislators And Their Staffers! SAVE THE DATE WEDNESDAY, FEBRUARY, 8th 6pm -10pm Country Club Lanes Sacramento, CA
An Overview of 2017 and new 2018 Laws Affec7ng California Employers (BCSC & NorCalBPA Membership) Hiring Prac*ces and Enrollment Ban-the-Box: Prior Conviction History of Applicants. With the approval of AB 1008, the Governor and California Legislature have created yet another protected class of individuals entitled to sue employers under the Fair Employment and Housing Act: applicants denied employment because of their conviction history, where the employer is unable to justify relying on that conviction history to deny employment. AB 1008 makes it unlawful for an employer to include questions seeking disclosure of an applicant’s criminal history on any employment application, inquire or consider the conviction history of an applicant before extending a conditional offer employment, or consider or distribute specified criminal history information in conducting a conviction history background check. If an employer intends to deny a position solely or in part because of the applicant’s prior conviction, the employer must make an individualized assessment of whether the applicant’s conviction history has a direct and adverse relationship with the duties of the job, consider certain topics, and allow the applicant to dispute the accuracy of the conviction history. Read our in-depth analysis, implications, and tips, of the “Scarlet Letter Act” here. Adds Section 12952 to the Government Code, and repeals Section 432.9 of the Labor Code.
Salary Inquiry Ban. After two unsuccessful attempts, AB 168 received the Governor’s approval to make it unlawful in California law for employers, including state and local governments, to ask applicants about their prior salary, compensation, and benefits. The employer may consider prior salary information the applicant voluntarily and without prompting discloses, in setting pay. Don’t forget that Labor Code section 1197.5 already prohibits an employer from using an applicant’s salary history, by itself, to justify a pay disparity. AB 168 will also require employers to provide the position’s pay scale to a job applicant upon reasonable request. Read our in-depth piece on AB 168, and practical implications, here. Adds Section 432.3 to the Labor Code. (See additional handout)
Harassment Training: Gender Identity, Gender Expression, and Sexual Orientation. SB 396 will require employers with 50 or more employees to add items to already mandated biennial supervisory training to prevent sexual harassment. The new content must include practical examples to address harassment based on gender identity, gender expression, and sexual orientation. Employers must also post a DFEH-developed poster regarding transgender rights. The bill also makes changes to the Unemployment Insurance Code. Amends Sections 12950 and 12950.1 of the Government Code. (See Handout additional information from ACG)
New Parent Leave Act and Parental Leave DFEH Mediation Pilot Program SB 63extends CFRA’s protections to smaller employers (with at least 20 employees within 75 miles) and prohibits those employers from refusing to allow employees—with more than 12 months and at least 1,250 hours of service—to take up to 12 weeks of parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. An employer employing both parents who both are entitled to leave for the same child does need not give more than 12 weeks of leave total to the employees (which may be granted simultaneously if the employer chooses). Further, an employer can recover the costs of maintaining the health plan for employees that do not to return to work after their leave exhausts because of a reason other than a serious health condition or other circumstances beyond the employee’s control. Beginning January 1, 2018 and ending January 1, 2020, the DFEH, after receiving funding from the Legislature, will create a parental leave mediation pilot program under which an employer may request all parties to participate in mediation within 60 days of receiving a right-to-sue notice. This bill prohibits an employee from pursuing any civil action under these provisions (and tolls the statute of limitations) until the mediation is complete, meaning when either party elects not to participate, withdraws from mediation, or notifies the DFEH that further mediation would be fruitless. Adds Section 12945.6 to the Government Code.
Immigration Immigration: Worksite Enforcement Actions. AB 450, the “Immigrant Worker Protection Act,” prohibits employers from allowing immigration enforcement agents to have access to non-public areas of a workplace, absent a judicial warrant, and prohibits immigration enforcement agents to access, review, or obtain employee records without a subpoena or court order, subject to a specified exception. This bill requires an employer to provide notice of an immigration agency’s inspection of I-9 Employment Eligibility Verification forms or other employment records within 72 hours of receiving the federal notice of inspection—using a template created by the Labor Commissioner—to current employees; requires an employer to provide affected employees (i.e., those who may lack work authorization or whose documents have deficiencies) a copy of the inspection notice, upon reasonable request; and requires employers to provide affected current employees, and their authorized representative, a copy of the immigration agency inspection results and written notice of the obligations of the employer and the affected employee arising from the action. The bill grants exclusive authority to the Labor Commissioner or Attorney General to enforce these provisions and requires that any penalty recovered be deposited in the Labor Enforcement and Compliance Fund. Penalties for failure to satisfy these prohibitions and for failure to provide the required notices are: $2,000 up to $5,000 for a first violation, and $5,000 up to $10,000 for each further violation. The Labor Commission may recover up to a $10,000 penalty for each instance an employer re-verifies the employment eligibility of a current employee at a time or in a manner not required by federal law. Stay tuned for a detailed analysis of AB 450 coming soon. Adds Sections 7285.1, 7285.2, and 7285.3 to the Government Code; adds Sections 90.2 and 1019.2 to the Labor Code.
For further information and guidance on updating your company’s employee handbook policies specific to any 2018 new laws please contact Eric Martin, Senior Employment and Workplace Safety Consultant at ACG CONSULTING SERVICES (949) 452-1840