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Volume 24 Number 12 December 2012 $2.00 www.busjournal.com MAIL T O: BUSINESS JOURNAL • PAGE 2 December 2012 December 2012 BUSINESS JOURNAL • PAGE 3 Volume 24 Number 12 December 2012 $2.00 www.busjournal.com AT DEADLINE Special Future of Sections Real Estate Pitfalls that Health Insurance California Amends Statutory Market Derail Outlook Corporate Exchanges Requirements for Employee Decision Making Ron Goldstein, president Personnel Files Pg. 25 Pg. 18 and chief executive officer of On Jan. 1, 2013, an amendment (AB 2674) to California Labor CHOICE Administrators, joined Code § 1198.5 goes into effect, changing California’s statutory Bary Freet Named with fellow executives from requirements in regards to employee personnel file records. These five of the state’s leading health changes are as follows: Newest Member plans to discuss the future of Tramway Authority healthcare in California at a spe- Who May Request to Inspect and/or Obtain Copies of Bary Freet has been appoint- cial forum recently hosted by Personnel Records ed to the Mount San Jacinto the Inland Empire Association Current law does not explicitly provide for inspection of person- Winter Park Authority by the of Health Underwriters nel files by former employees. With this amendment, current and for- Riverside County Board of (IEAHU). Sharing the panel mer employees, as well an employee’s representative, have the right Supervisors. Freet retired from with Goldstein were representa- to inspect and receive a copy of their personnel records. A represen- the Palm Springs Fire tives from Aetna, Anthem, tative is someone authorized by the employee in writing (e.g., a Department in 2004 and has CIGNA, Health Net and Kaiser lawyer or translator) to inspect or obtain a copy of their personnel since served as the executive Permanente. records. The amended statute limits the employer’s duty to respond director of the Weil Institute of Focusing his remarks on one to no more than 50 requests from a representative in a calendar Critical Care Medicine. of the most significant changes month, which protects an employer from being overburdened by a “I’m looking forward to being brought about by the representative making requests on behalf of many employees. working with Bary again, as we Patient Protection and Employers only have to respond to one request per year by a former did when I was with the City of Affordable Care Act (PPACA), employee. Palm Springs,” stated Rob Goldstein told the audience that In addition, employers may take reasonable steps to verify the Parkins, general manager of the health insurance exchanges pro- identity of the current/former employee or representative. Palm Springs Aerial Tramway. vide new opportunities for bro- Special Form Supervisor John Benoit, kers and health insurance agents As a new requirement, employers must provide a request form for who appointed Freet stated, to grow their business. inspection or copies of personnel records upon a verbal request from “Bary has valuable experience “Employers and individuals are the employee or a representative, and may designate a person to in public safety, fire safety and looking for a vehicle that pro- whom personnel records requests should be made. natural resources management. vides affordable health insur- Complying with a Request for Inspection and/or Copies of His skills and demonstrated ance that meets their needs Personnel Records commitment to serving the pub- while providing choice and Currently the law requires the employer to provide copies only of lic make him an asset to the affordability, and for many what employees had signed; under the new law, if an employee Tram Board.” The seven-mem- health insurance exchanges will requests a copy of his or her personnel file, employers must provide ber Mount San Jacinto Winter be the answer,” he said. a copy, subject to charges for the actual cost of reproduction. Park Authority, a public agency Goldstein said that while The amendment specifically defines the time period for providing exchanges may be sold directly and public corporation of the access to personnel files. Employers continued on page 5 to the consumer, the critical role State of California, is the gov- of brokers has been acknowl- There is no time more fitting to say erning body of Palm Springs edged by the state; and the bro- Aerial Tramway. ker’s expertise and knowledge thank you and to wish you a Two members of the will be more important than happy holiday season and a new year of Authority are appointed by the ever in this environment. good health, happiness and prosperity. Palm Springs City Council, two “Brokers are best equipped to by the Riverside County Board provide the information and Bill the publisher guy. of Supervisors and three by the unbiased recommendations Ingrid the managing editor gal. California Governor. They serve employers need to make well- Jon the graphics’ guy. without compensation for a continued on page 44 Eileen, Mitch, Terrell, Brian, Camille and the entire team. four-year term. BUSINESS JOURNAL • PAGE 4 December 2012 INDEX News and Features Columns The End of Marketing As We Know It A number of Marketing. 7, 18 & 19 studies are showing that people no longer pay much attention to traditional marketing as they progress Investments and Finance. 8 through the “buyer’s decision journey” says Bill Lee. 7 Asset Protection in Business. 9 E-Commerce Business Stand to Lose More The Web and Design. 10 Without Asset Protection Find out what differentiates commerce businesses from traditional Opinion. .10 & 17 businesses when it comes to asset protection. 9 Financial Column. 12 Duct Tape My Software and Hope for the Best? A redesign of a website is simply a repackaging. There Real Estate Notes. 13 can be only a handful of reasons to even entertain the thought of it—and Joe Thomas gives us a handful of New Business. 16 some of these reasons. 10 The Lists: No Money, No Problem: Eleven Tips for a Start-up Business With Very Little Cash (and a Great Idea) Business Brokerage Firms Serving the Inland Empire . 25 You have a new start-up and got a winning idea, but you have one problem—lack of funding. Michael Restaurant Review. 34 Houlihan gives us some bootstrapping strategies that worked for him. 16 Manager’s Bookshelf. 36 Ways to Manage High and Low Performers As a New Business Lists: manager, CEO or business owner, how do you identify the employees you should focus on, and how can you County of San Bernardino. 40 make the most of your lower performers? Dr. Marty Martin gives us some good lessons in helping County of Riverside. 41 acceptable performers move into the ranks of high performers. 18 Executive Time Out. 43 Vol. 24, No. 12, December 2012 — Inland Empire Business Journal is published monthly by Daily Planet Communications, Inc., 1801 Excise Street, Suite 111, Ontario, CA 19761. (909) 605-8800. Bulk rate U.S. postage paid, Ontario, CA, permit No. 1. Send address changes to: Inland Empire Business Journal, P.O. Box 1979, Rancho Cucamonga, CA 91729. Information in the Inland Empire Business Journal is deemed to be reliable, but the accuracy of this information cannot be guaranteed. The management of the Inland Empire Business Journal does not promote or encour- age the use of any product or service advertised herein for any purpose, or for the purpose or sale of any security. “Inland Empire Business Journal” trademark registered in the U.S. Patent Office 1988 by Daily Planet Communications, Inc. All rights reserved. Manuscripts or artwork submit- PUBLISHED BY BOARD CHAIRMAN ted to the Inland Empire Business Journal for publication should be accompanied by self- Daily Planet Communications, Inc. William Anthony addressed, return envelope with correct postage. The publisher assumes no responsibility for their return. Opinions expressed in commentaries are those of the author, and not necessarily those of MANAGING EDITOR ACCOUNT EXECUTIVE the Inland Empire Business Journal. Subscription payment must accompany all orders for the Ingrid Anthony Mitch Huffman monthly journal or annual Book of Lists. Copyright 2012 Daily Planet Communications, Inc. CORRESPONDENTS AND COLUMNISTS Bill Lee Dr. Marty Martin Orlando Acevedo Ingrid Anthony Quotations on Time Dr. Alfred J. Gobar Henry Holtzman Oliver Chi William Cortus The more sand has escaped from the hour glass of our life, the clearer Michael Houlihan Tracy Foster Joe Thomas Barry LePatner we should see through it. Hillel Presser Michael Menard Bill Anthony Mike Morrell Jean Paul J. Allen Leinberger Russ Swansen Ashley Bennett Tim Donnelly The man who wastes to-day lamenting yesterday will waste to-morrow STAFF lamenting to-day. Travel Editor: Camille Bounds Art Director: Jonathan Serafin Consultant: Mel Pervais Sales: Mitch Huffman Philip M. Raskin God never imposes a duty without giving time to do it. CONTACT US John Ruskin William J. Anthony Publisher & Producer [email protected] Ingrid Anthony Managing Editor [email protected] Take all the swift advantage of the hours. Jonathan Serafin Art Director [email protected] William Shakespeare December 2012 BUSINESS JOURNAL • PAGE 5 $750, in addition to injunctive nel records under this section records; (3) Premium wage rates California..