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VOLUME 36, NUMBER 31 ● NOVEMBER 5, 2010 ® Jerry Brown Returns to Governor’s Offi ce California voters returned Jerry Brown He gained 50.5 percent of the vote, to the Governor’s offi ce on Tuesday by compared to 37.8 percent for Mike a large margin, as well as electing other Villines, a Republican Assembly member Democrats to fi ll statewide offi ces. from Clovis. With a campaign message of “living The non-partisan position of within our means” and no new taxes superintendent of public instruction went without a vote of the people, Brown won to Tom Torlakson, a current Democratic 54 percent of the vote to 41 percent for Assembly member from Contra Costa Republican Meg Whitman. who ran as a second generation teacher, In the high-profi le race for U.S. touting his classroom experience. Senate, Democratic incumbent Barbara Torlakson won 54.6 percent of the vote to Boxer held off a challenge by Republican 45.4 percent for Larry Aceves, a former Carly Fiorina, winning by a margin of 52 county superintendent of schools. percent to 43 percent. Among the other statewide races, only Congress/Legislature the campaign for attorney general was too Democrats continue to hold a majority close to call as Alert went to press. San of positions in both the California Francisco District Attorney Kamala Harris congressional delegation and both houses was leading Los Angeles County District of the California Legislature. Attorney Steve Cooley by just under 9,000 Governor-Elect Jerry Brown Incumbent Congressman Jerry votes, 45.9 percent to 45.8 percent. McNerney (D-Pleasanton) was just 121 won 53 percent of the vote to 38.6 votes ahead of his Republican opponent, Statewide Offi ces percent for Republican Damon Dunn. David Harmer, in the 11th Congressional Serving with Brown as lieutenant Treasurer Bill Lockyer, also a District. governor will be Gavin Newsom, the Democrat, won 56.4 percent of the In the 20th Congressional District, Democratic mayor of San Francisco. vote, compared to 36.5 percent for the anti-incumbent sentiment of voters He won 50 percent of the vote to 39.5 his challenger, Senator Mimi Walters resulted in incumbent Democrat Jim percent for Republican Abel Maldonado, (R-Laguna Niguel). Costa losing to Republican challenger the current lieutenant governor. Dave Jones, a Democratic Assembly Andy Vidak, 48.5 percent to 51.5 percent. Secretary of State Debra Bowen, a member from Sacramento, won the Democrats picked up one seat in the Democrat, will return to offi ce, having campaign for insurance commissioner. California Assembly and will hold 52 seats when the new legislative session begins in December, still short of the 54 Assembly Republicans Choose New Leader needed for a two-thirds majority. The party balance in the Senate remained the same at 25 Democrats, 15 Republicans Connie Conway of Tulare has been Republican leader since 1981. (27 votes make a two-thirds majority). chosen by Assembly Republicans as their Conway represents Assembly The latest election results are available new leader. District 34, which includes Inyo County at www.sos.ca.gov. She succeeds Martin Garrick of and parts of Kern, San Bernardino and Carlsbad, who did not choose to seek Tulare counties. a second term as leader, according Before being elected to the Assembly, Inside to a news release from the Assembly she served eight years on the Tulare Republican Caucus. County Board of Supervisors. She also • Commentary on Election: Page 3 Conway was elected to her second served as president of the California State term in the Assembly this week. She is Association of Counties. • Proposition 19: Page 4 the fi rst woman to serve as Assembly NOVEMBER 5, 2010 ● PAGE 2 CALIFORNIA CHAMBER OF COMMERCE Labor Law Corner Set Guidelines for Social Media Use to Help Prevent Diffi cult Situations Labor Code Section 96(k) protects an recommendation, and therefore should employee engaging in “lawful conduct proceed with caution. occurring during nonworking hours away from the employer’s premises.” In Suggested Guidelines addition, all employees have the right to To help prevent diffi cult situations, freedom of speech as guaranteed in both it is advisable for employers to issue the U.S. and California constitutions. guidelines to their employees. Some recommendations include: Defamatory Comments ● Prohibit the use of their blogs and Dana Leisinger HR Advisor That right, however, is not without posts during business hours. limits. It is impermissible to post ● Give notice that misuse of social I have an employee who posted some very defamatory comments on social media, media may be grounds for disciplinary negative comments about our company and employers can pursue legal remedies action, up to and including termination. on his Facebook page. Can I take action when blatantly defamatory comments are ● Ask that employees bring any against this employee based on the posted for everyone to read. complaints to the company’s human Facebook comments? Another example of when an employer resources contact versus posting on the The rapid growth of the social media, can take action is when employees brag Internet. including Facebook, Twitter, LinkedIn, about misconduct on their Facebook ● Prohibit employees from revealing Plaxo, and many more, have raised a lot of page, such as calling in sick when they the employer’s confi dential information issues for employers, including the proper want to go skiing, revealing confi dential or trade secrets on social media. response to the question posed above. information about the company, or This list is by no means all inclusive, even posting about spitting in food by and it is recommended that employers a restaurant worker (yes, this was a consult their attorneys to draft appropriate question the Helpline received!). language. California Chamber Offi cers The more diffi cult issue is when Employers cannot ignore social media Larree M. Renda an employee posts his/her opinion, use, however. They must understand Chair which might not be pleasant, but isn’t all the issues involved, and then draft S. Shariq Yosufzai specifi cally actionable. An employee can policies and procedures to address those First Vice Chair cause awkward, even possibly harassing concerns accordingly. Timothy S. Dubois situations by misuse of social media. Second Vice Chair Additional diffi cult situations result The Labor Law Helpline is a service when former employees ask their former to California Chamber of Commerce Frederick E. Hitchcock bosses to provide references, often preferred and executive members. For expert Third Vice Chair on LinkedIn. Supervisors who do so explanations of labor laws and Cal/OSHA Frederick R. Ruiz should be aware that such a reference regulations, not legal counsel for specifi c Immediate Past Chair situations, call (800) 348-2262 or submit your has the force and effect of a written question at www.hrcalifornia.com. Allan Zaremberg President and Chief Executive Offi cer Alert (ISSN 0882-0929) is published weekly during legislative session with exceptions by CalChamber-Sponsored Seminars/Trade Shows California Chamber of Commerce, 1215 K Street, Suite 1400, Sacramento, CA 95814- More information at Delhi and Bangalore. (559) 324-6401. 3918. Subscription price is $50 paid through membership dues. Periodicals Postage Paid at www.calchamber.com/events. Webinar: Dried Fruit Opportunities Sacramento, CA. Business Resources in Mexico. U.S. Department of POSTMASTER: Send address changes to Preventing Workplace Fraud Webinar On Agriculture, California Department of Alert, 1215 K Street, Suite 1400, Sacramento, Demand. CalChamber. (800) 331-8877. Food and Agriculture. November 16. CA 95814-3918. Publisher: Allan Zaremberg. International Trade (916) 563-3200. Executive Editor: Ann Amioka. Art Director: Marcy Wacker. Capitol Correspondent: China International Industry Fair. Asia Society Green Finance Conference. Christine Haddon. Photographer: Megan Wood. Shanghai World Expo Group. Asia Society Northern California. November 9–13, Shanghai. December 8, San Francisco. Permission granted to reprint articles if credit is given to the California Chamber of Com- [email protected]. (415) 421-8707. merce Alert, and reprint is mailed to Alert at Sri Lanka Design Festival. Academy of address above. Design. November 11–17, Sri Lanka. E-mail: [email protected]. [email protected]. Home page: www.calchamber.com. Outbound Mission to India. Western Next Alert: U.S. Agricultural Trade Association (WUSATA). November 13–20, India, November 19 CALIFORNIA CHAMBER OF COMMERCE NOVEMBER 5, 2010 ● PAGE 3 Voters Show Concern About Jobs, Economy Although many pundits will write that the supported removing the Legislature’s national Republican tidal wave stopped involvement in reapportionment, when at the Sierra Nevada mountains, a closer they defeated Proposition 27, which analysis indicates that California voters would have eliminated the Citizens are no less concerned about the direction Redistricting Commission, and passed of government, employment issues and Proposition 20, which extends the defi cit spending than the rest of the commission’s authority to redrawing country. congressional districts. California is a state with an overwhelming registration advantage for Jobs: No. 1 Issue Democrats, which certainly has an impact So what does all this mean for the on statewide candidate races. business community and doing business But, if Jerry Brown received a in California? mandate from the voters, it is to follow Even though the anti-incumbent through on his pledges for the state to attitude in the rest of the country did “live within its means” and to adopt no not prevail in California, we do know new taxes without a vote of the people. that jobs were the No. 1 issue for voters. Since the beginning of May, the Mood of Voters CalChamber’s action plan to promote An analysis of the outcome of the economic recovery and job creation ballot propositions serves only to has been posted on our website.