Governor, Calchamber Chair Stress: Focus on Job Creation
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VOLUME 36, NUMBER 17 ● MAY 21, 2010 ® 85th Annual Sacramento Host Breakfast CalChamber Releases 2010 ‘Job Killer’ List; Governor, CalChamber Chair 37 Bills Threaten Stress: Focus on Job Creation State’s Recovery The California Chamber of Commerce this week released its annual list of “job killer” bills, calling attention to the negative impact the proposed measures would have on California’s competitiveness and job climate if they were to become law. “This year’s CalChamber ‘job killer’ list includes 37 proposals that would make it even more difficult for California Photos by Megan Wood Photos by Megan companies to remain viable in this Larree M. Renda Governor Arnold Schwarzenegger difficult economy,” said CalChamber President and CEO Allan Zaremberg. In this time of economic uncertainty, member Sacramento Host Committee “Our businesses need to have California needs to focus on job creation, and the CalChamber, attracts a statewide certainty that they can be competitive Governor Arnold Schwarzenegger and audience of hundreds of leaders from before they will begin to reinvest in our California Chamber of Commerce Chair business, agriculture, industry, education, economy. Not only do these bills send Larree Renda said at the Sacramento government, the military and the the wrong signal and create an uncertain Host Breakfast on May 18. consular corps. environment for investment, but, if “Job killer” legislation is the last thing “I have experts in my office – you passed, they would create new costs that California needs, Schwarzenegger said know like they have in rescue [missions]; would harm our ability to recover and during a question-and-answer session those sniffing dogs. Well I have sniffing add new jobs. with CalChamber President and CEO dogs over there that sniff out ‘job “The only way out of these economic Allan Zaremberg at the 85th annual killers,’” Schwarzenegger said. “They hard times is a rebound of the private breakfast. come to me to tell me about all the ‘job sector. Our policy makers must focus on “What we need is to do the opposite, killers,’ and then I sit down and I look at job creation, reducing regulatory burdens what we need to do is to create jobs,” them and I say, ‘Hasta la vista, baby.’” and holding the line on new costs. If the Governor said. His last year in Zaremberg pointed out that the enacted, these ‘job killer’ bills would office is all about “job, jobs, jobs,” Governor has vetoed more than 200 “job make it even more difficult for us to Schwarzenegger said. killer” bills since taking office in 2003. See ‘Job Killer’: Page 3 The breakfast, sponsored by the 25- See Governor: Page 6 Inside Summit Awards: CalChamber Business Summit Stories/Photos Inside Pages 5, 11 MAY 21, 2010 ● PAGE 2 CALIFORNIA CHAMBER OF COMMERCE Labor Law Corner Interaction Between Pregnancy Leave, California Family Rights Act retains job protection under the Employees are eligible for additional Pregnancy Disability Leave (PDL) law time in California under the California for that period. Family Rights Act (CFRA) once the baby As to whether additional time may be is born and usually after the woman is protected, you need to look at your own released to return to work. company policies and practices on If the disability extended past the 88 providing employees with time off work. working days of PDL, however, and the In some cases the time required by child was born on the 88th day, or PDL may be the minimum. For example, anytime thereafter, the employee would Sunny Lee if an employer has granted another be able to use baby bonding leave, even if HR Advisor employee more than four months off she had not been released to return to work for some other disability, it would work. ● We have an employee who is pregnant. She has not been with us a be discriminatory to not allow an The time off work during the year and her doctor has taken her off employee who is pregnant to be provided pregnancy leave of absence does count work due to a pregnancy disability leave. with the same amount of time. toward the employee’s one year of Are we only required to hold her job for ● Does the pregnancy leave end at employment. Therefore at some point in four months? childbirth, or is it the date provided in the the future, the woman will also be Provided that the employee is in fact doctor’s note taking the employee off eligible for the CFRA and baby bonding disabled for the maximum period of work? once she has completed one year of time—four months or 88 working days, No, the pregnancy disability leave employment and worked 1,250 hours whichever is longer— the employee does not end at childbirth and may extend during the preceding 12 months. beyond the date in the doctor’s note. PDL Leaves of absence often can be protection covers pregnancy, childbirth difficult to administer and many and related medical conditions and questions may arise. For further California Chamber Officers therefore extends until such time as an information, visit the time off provisions Larree M. Renda employee is released to return to work. under HRCalifornia, www.hrcalifornia. Chair It is important to keep in mind that the com, review the California Chamber of S. Shariq Yosufzai date specified in a doctor’s note taking Commerce California Labor Law Digest First Vice Chair the employee off work is not a firm date and/or call the Helpline. but an estimate of how much time the Timothy S. Dubois employee is expected to be off work. For The Labor Law Helpline is a service to Second Vice Chair employers, that date often is used as the California Chamber of Commerce preferred Frederick E. Hitchcock date that the employee will either return and executive members. For expert Third Vice Chair to work or provide another doctor’s note explanations of labor laws and Cal/OSHA Frederick R. Ruiz regulations, not legal counsel for specific extending the time off. situations, call (800) 348-2262 or submit your Immediate Past Chair ● When will the employee be eligible question at www.hrcalifornia.com. Allan Zaremberg for baby bonding? President and Chief Executive Officer Alert (ISSN 0882-0929) is published weekly during legislative session with exceptions by California Chamber of Commerce, 1215 K CalChamber-Sponsored Seminars/Trade Shows Street, Suite 1400, Sacramento, CA 95814- 3918. Subscription price is $50 paid through membership dues. Periodicals Postage Paid at More information at Entrepreneurial Institute. National Black Sacramento, CA. www.calchamber.com/events. MBA Association. September 24, POSTMASTER: Send address changes to Business Resources Los Angeles. (312) 580-8569. Alert, 1215 K Street, Suite 1400, Sacramento, TechComm 2010: From Lab to Market. 2010 Aerotech Expo Job Fair. Aerotech CA 95814-3918. Publisher: Allan Zaremberg. Licensing Executives Society, Silicon News and Review. September 25, Executive Editor: Ann Amioka. Associate Editor: Blake Ellington. Art Director: Marcy Valley Chapter. May 26, Mountain Lancaster. (877) 247-9288. Wacker. Capitol Correspondent: Christine View. (415) 564-2600. International Trade Haddon. Photographer: Megan Wood. Business Excellence and Installation Clean-Tech Trade Mission to China. Permission granted to reprint articles if credit Gala. Beverly Hills Chamber of See CalChamber-Sponsored: Page 13 is given to the California Chamber of Com- Commerce. June 10, Beverly Hills. merce Alert, and reprint is mailed to Alert at address above. (310) 248-1000. Toward Sustainable Groundwater CalChamber Calendar E-mail: [email protected]. in Agriculture. Water Education Home page: www.calchamber.com. Foundation. June 15–16, San Public Affairs Council Spring Retreat: Francisco. (916) 444-6240. June 15, Sacramento CALIFORNIA CHAMBER OF COMMERCE MAY 21, 2010 ● PAGE 3 ‘Job Killer’ Bills Threaten Economic Recovery From Page 1 based on a yet-to-be specified “premium Burden. Harms small businesses, many solve the structure,” in essence, a tax on all of whom pay taxes under the personal huge, gaping employers. income tax system, by imposing another budget hole ● SB 1121 (Florez; D-Shafter) temporary personal income tax increase that Governor Harms California Farms and Farm on top of the existing personal income Schwarzenegger Workers. Places farms at a competitive tax increase that was passed in last year’s announced on disadvantage, increases cost of doing budget. Friday [May 14].” business for California farmers, and ● AB 1935 (De León; D-Los CalChamber reduces available resources to invest in Angeles)/ SBX6 18 (Steinberg; annually releases workers and farms by removing overtime D-Sacramento) Discourages Business its list of “job killer” bills to identify exemption for agricultural employees. Growth in California. Raises taxes legislation that will harm economic and ● SB 1474 (Steinberg; for many companies with significant job growth in California. CalChamber D-Sacramento) Increased Agricultural investments of property and payroll in will track the bills throughout the rest Costs. Undermines the process that California by making the single sales of the legislative session and work to now guarantees through secret-ballot factor apportionment method mandatory. educate legislators about the serious elections, a fair vote and the expression ● AB 1936 (De León; D-Los consequences these bills will have on the of agricultural employees’ true sentiments Angeles) Creates Inequity in the Tax state. on the selection of a collective bargaining Structure. Harms struggling small The full list and updates are available representative. This act will hurt businesses and start-ups by repealing at www.calchamber.com/jobkillers. California’s businesses by driving up the net operating loss (NOL) carry back Following is the CalChamber 2010 list costs, making employers less competitive deduction, a lifeline that helps employers of “job killer” bills. in a global market. stay afloat, retain employees and continue investing in their businesses in an Costly Workplace Mandates Economic Development Barriers economic downturn.