ISSUE 01

Business Todaythe official publication of the pittsburg chamber of commerce

VOLUME 46 January 2013

New 2013 Lawsaffecting employers..................................2

5 Tips to start a new Business...............3Proposed Rules on Health care act......4

U.S. Agency Releases Proposed Rules on Implementing Health Care Act

See Page 2 & 3

Old Pittsburg High bricks find new life as keepsakes

Old Pittsburg High School bricks being sold to provide former students with a tangible memory of the place, while making a contribution to the Eddie Hart All in One Foundation.

An Overview of New 2013 Laws Affecting California Employers

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New employment laws could a�ect your California business' day-to-day operations and company policies in 2013. See the CalChamber's list "An Overview of New 2013 Laws A�ecting California Employers" for an overview of the changes in the law and how each of these California laws could a�ect your business.

The U.S. Department of Health and Human Services (HHS) has released proposed rules outlining how three aspects of the A�ordable Care Act will work: the essential bene�ts that must be o�ered; prohibitions on discriminating against individuals with pre-existing conditions; and an expansion of employer-o�ered wellness programs.

5 Tips to start a new business in the new year

See Page 3

2012 Pittsburg Chamber President’s Club:

2012 Partners:

Olympic Gold Medalist Eddie Hart, of Pittsburg, sits next to one of his commemorative bricks...

It happens every January. A huge surge of tra�c inundates entrepreneurial websites, fueled by would-be entrepreneurs scouring our 200,000+ pages of content for advice on how to start a business. By March, though, tra�c drops back to normal as the New Year resolutions lose their

shine. One-by-one, millions of startup dreams give way to life as usual. With the right tactics and tenacity, though, you can go beyond life as usual and enjoy the passionate, creative and ful�lling life of an entrepreneur. To make sure you succeed in starting up in the year ahead, follow 5 recommendations…

See Page 2

Happy New Year! From the PittsburgChamber of Commerce

Business Today Page 2

Old Pittsburg High bricks find new life as keepsakes

Students probably didn't give them a second look when they attended the old Pittsburg High School before it was torn down after the shiny new Pittsburg High opened in 2010.

Now, those dusty old red bricks left behind have found new life. They are being sold to provide former students with a tangible memory of the place, while making a contribution to the Eddie Hart All in One Foundation.

The nonpro�t, which provides athletic, educational and social activities for local youth, was founded in 2003 by Hart, the city's Olympic gold medallist.

"It's a little piece of history, and at the same time it allows people to be a participant in the fundraising as well," said Hart, 63, who was on the track team that prevailed in the 4x100 relay race at the 1972 Summer Olympics.

The bricks are being sold for $100 each and are encased in a professional display case with a plaque that shows the school's seal and reads "Pittsburg High School Artifact" and "Home of the Orange and Black Pittsburg Pirates." A personalized phrase can be added for an additional $25.

After hearing of other schools and ball parks selling commemorative artifacts left behind from demolished structures, Hart �gured there could be a market for the old bricks of Pittsburg High.

But �rst he had to obtain permission from the Pittsburg Uni�ed School District. Once he got approval from the school board, he took away about 250 of the bricks knocked down by the wrecking ball.

Several bricks have been sold in the past month since the fundraising e�ort began.

Vince Ferrante, who graduated from Pittsburg High in 1983 and is now a district trustee, purchased a brick that now sits in his home o�ce.

"There are several reasons to own a piece of history, of Pittsburg schools in general. There is a lot of history, pride and tradition," said Ferrante, whose mother, brothers, sisters, uncles and cousins also attended Pittsburg High. "The other is to support a nonpro�t that's done a lot of good for the kids in the community. “

Bricks can be purchased at www.eddiehartaiof.org or by calling 925-518-9983

By: Eve Mitchell, Contra Cost Times

An Overview of New 2013 Laws Affecting California EmployersNew Laws for 2013:Several new employment laws will a�ect California employers’ day-to-day operations and policies in 2013. The following list identi�es some of the noteworthy new laws from the California Legislature.

There have been signi�cant changes in key areas, such as anti-discrimination protections, employee access to personnel records and employer access to personal social media accounts. Other laws relate to speci�c industries, such as farm labor contractors and temporary services employers.

Unless speci�ed, all new legislation goes into e�ect on January 1, 2013. Keep an eye on the HR Watchdog blog and HR Watchdog on Twitter for frequent updates on employment related laws, regulations and cases.

Religion and Reasonable AccommodationAB 1964 clari�es that FEHA’s discrimination protections and reasonable accommodation requirements cover religious dress practices and religious grooming practices. It also speci�es that segregating an individual from other employees or the public is not a reasonable accommodation of religious beliefs or observances.

Sex Discrimination and BreastfeedingAB 2386 changes the de�nition of “sex” under FEHA for purposes of discrimination protections to include breastfeeding and related medical conditions. There is a mandatory update to the Discrimination and Harassment Notice. CalChamber o�ers an all-in-one California and Federal Employment Notice Poster which contains this updated notice.

Social Media and Personal PasswordsAB 1844 prohibits employers from requiring or requesting employees or job applicants to provide user names or passwords for personal social media accounts and from requesting an employee or

applicant to divulge personal social media. There are limited exceptions, including an exception relating to employer investigations.

Inspection of Personnel RecordsAB 2674 amends Labor Code section 1198.5, relating to inspection and retention of personnel records. The new law makes several signi�cant changes, including in the following areas: (1) who has the right to inspect or request copies of personnel �les; (2) any deadlines for providing access to �les; (3) where and how records must be made available; (4) an employer’s obligations to retain �les; and (5) penalties for failure to comply.

If an employee asks for an employer-provided form to make the inspection request, the employer must provide the employee with such a form. By January 1, 2013, HRCalifornia members will have access to a form created for this purpose.

Itemized Wage Statements/Temporary Service EmployersAB 1744 is e�ective July 1, 2013. It amends Labor Code section 226 relating to itemized wage statement and wage notice requirements and requires speci�ed information from temporary service employers.

Penalties for Wage Statement ViolationsSB 1255 amends Labor Code section 226 to speci�cally de�ne an "injury" for purposes of violating the itemized wage statement statute. Employers are required to provide speci�ed information to employees on a wage statement each time wages are paid. An employee who “su�ers an injury” as a result of an employer knowingly or intentionally failing to comply with the statute is entitled to recover damages against the employer.

Commission AgreementsAB 2675 amends the written commission agree-ment law (which takes e�ect on January 1, 2013) to exempt certain types of wage payments from the written agreement requirement.

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Pittsburg Chamber of Commerce(925) 432-7301

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POWs on the Bataan Death March. (U.S. Air Force photo)

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Wage GarnishmentAB 1775 is a new law that increases the amount of wages that are exempt from garnishment. This amendment is e�ective July 1, 2013.

Human Trafficking PostingSB 1193 requires speci�ed businesses to post an 8.5" x 11" notice, on or before April 1, 2013, that contains information about organizations that provide services to eliminate slavery and human tra�cking. The Department of Justice will develop a model notice that complies with the requirements of SB 1193 and make the model notice available. This notice will also be made available on HRCalifornia after the Department of Justice has created it.

Workers Compensation ReformSB 863 is workers’ compensation reform legislation supported by the California Chamber of Commerce. The legislation o�sets necessary increases in permanent disability bene�ts and potentially lowers system costs for employers. Some of the legislative reforms take e�ect January 1, 2013, but many of the new laws require administrative/regulatory action before implementation.

Accessibility ReformSB 1186 limits frivolous litigation regarding technical violations concerning disability access by reducing statutory damages, putting into place new provisions to prevent "stacking" of multiple claims to increase statutory damages and banning letters making demands for money before litigation.

FEHC Eliminated, Duties Transferred to the DFEHSB 1038 eliminates the California Fair Employment and Housing Commission (FEHC). The biggest change is the manner in which charges of discrimination or harassment are handled. The administrative hearing process before the FEHC is eliminated. Instead, the DFEH will be able to bring civil actions on behalf of a complainant directly in court and require mandatory dispute resolution.

Know what you’re after. For a dream to be realized, it has to be built on reality – your reality. De�ne what you love doing, what you’re good at doing and where you have experience. Also, get clear on what resources are available to you, what you’re willing to risk and what you ultimately want to gain from starting a business. Put your answers in writing to use as a compass for all decision-making going forward. This should help you avoid a situation where you end up working for your business instead of your business working for you.

Research quickly but extensively. Search the internet, conduct a brief survey, read industry studies, attend trade shows – do everything you can to become smart about your business niche. Apply that learning to your speci�c concept to make sure all of your operational, �nancial and customer assumptions are on target. Test drive your assumptions. As quickly as possible, test out your idea on customers. This means actually selling what you o�er. Your �rst handful of customers will teach you more about your business opportunity than anything else. Just be prepared to go back to the drawing board - initial feedback may require you to change key assumptions in your plan.

Monitor progress through milestones.

Tracking your progress against a timeline is crucial. Create a chart that shows dates by which you plan to achieve major milestones. Include things like “launch website,” “win tenth customer,” “break even,” etc. Hitting the milestones is important, but even more critical is adjusting your course when you don’t. Use the buddy system. You can always been more focused and e�ective when you have someone to talk to about your business. For some people this can be a mentor, for others, a paid coach. However, simply having a buddy who is smart and supportive and who holds you accountable to your wide-eyed entrepreneurial ambitions can do the trick. Knowing you have to report in, adds a level of discipline to work and may be just what you need to help you realize your startup dreams.

5 Tips to Start a New Business in the New Year

Intellectual DisabilitiesAB 2370 and SB 1381 substitute the term "intellectual disability" for the outdated term mental retardation in many statutes and regulations.

Unemployment Insurance: Overpayment and PenaltiesAB 1845 provides that the Employment Development Department (EDD) can deny reimbursement to an employer for any overpayments made to its unemployment insurance reserve accounts if the EDD determines that the overpayment resulted from an employer’s failure to respond to or provide adequate information to the EDD. This new law applies to bene�t overpayments established on or after October 22, 2013.

Prevailing WageUnder AB 2677, increased employer payment contributions that result in a lower hourly straight time or overtime wage do not constitute a violation of the applicable prevailing wage determination as long as certain speci�ed conditions are met.

Farm Labor ContractorsAB 1675 changes the penalties for failing to license farm labor contractors.

Existing law requires farm labor contractors to be licensed by the Labor Commissioner and to comply with speci�ed employment laws applicable to farm labor contractors. Under existing law, a person who violates farm labor contractor requirements is guilty of a misdemeanor punishable by speci�ed �nes, or imprisonment in the county jail for not more than six months, or both.

This new law would, in addition, subject a person who violates the licensing requirement to citations issued by the Labor Commissioner and civil penalties that increase as the number of citations for violations increase.

Warehouse WorkersAB 1855 adds warehouse workers to the list of speci�ed contractors subject to su�cient funds requirements. Speci�cally, existing law prohibits a person or entity from entering into an agreement for labor or services from speci�ed contractors (construction, farm labor, garment, janitorial or security guard) where the person or entity knows, or should have known, that the contract or agreement does not include funds su�cient to comply with applicable laws or regulations. AB 1855 adds warehouse workers to this list.

New Laws that may affect you

"It's January - a great time to look at the new year and get off to a strong start. My suggestion? Clear our your email inbox! Many of us use emails as a measure of productivity. That is, the more emails I have in my inbox, the more I have to do! But even more of us tend to leave unimportant emails unread, causing the "unread email count" in our inboxes to bloat. Spend a couple hours clearing your inbox and get it as close to "0 unread" as possible. You'll think more clearly, and you can also start using emails as a "to do" list as well. Happy New Year!"

P.J. Quesada, Pittsburg chamber President Elect

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Pittsburg Chamber of Commerce

985 Railroad Ave.Pittsburg, CA.

94565(925)432-7301

NewsletterMonica Couture

Pittsburg Chamberof Commerce

monica@pittsburgchamber.org

We here at the Pittsburg Chamber of Commerce are looking forward to an exciting and prosperous 2013.

Your Chamber leadership has a few great things planned for 2013; all geared to promote the Pittsburg economy and local businesses.

Some of the upcoming programs will include:

1. The Discover Pittsburg Program to focus on the overall Pittsburg image and get the word out that Pittsburg is a great place to Live, Work, & Play! Pittsburg has it all... and we’d like everybody to know about it!

2. The Buy Pittsburg/Buy Local program to focus on driving business to eight major local Pittsburg Shopping zones by creating a month long Advertising/marketing/event campaign designed to drive business to the targeted area.

3. The 29th Annual Pittsburg Seafood Festival to focus on bringing thousands of festival patrons to downtown Pittsburg for a 2 day event.

4. Developing a major partnership with local educators and youth in our community focused on business and entrepreneurship.

Those are just some of the things your Chamber will be focusing on for the coming year. The staff is pumped up about implementing the 2013 programs and we look forward to working together to make our community THRIVE!

Harry YorkHarry YorkCEO

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Chamber MixerOpportunity-Junction5:30pm-7:00pm

Chamber Offices Closed

Contact us for advertising at

(925) 432-7301or email

chamber@pittsburgchamber.org

California Theater Gala

December 31Chamber Offices Closed

Harry’s Corner January 2013 Calendar of events

New Members

Calpine Corp.1200 Arcy Ln.

Pittsburg, Ca. 94565(925)7 57-3924

Monsam EnterprisesInc.

2685 Pittsburg Antioch Hwy.

Antioch, Ca. 94509(925)7 57-3924

The proposed rule calls for health plans in the individual and small-group markets (both inside and outside of the new exchanges) to provide coverage in 10 categories of services, as required by the health care law.

Essential health bene�ts have to equal those o�ered in a typical employer plan in a state, which serves as a benchmark plan.

As outlined in the federal law, the essential bene�ts include these categories: ambulatory patient services; emergency services; hospitalization; maternity and newborn care; mental health and substance use disorder services, including behavioral health treatment; prescription drugs; rehabilitative and habilitative services and devices; laboratory services; preventive and wellness services and chronic disease management; and pediatric services, including oral and vision care.

The California Chamber of Commerce is reviewing the proposed federal rules for their impact on employers and how the proposed rules di�er from the benchmark plan the state enacted in September.

Instead of merely requiring coverage for at least one drug in each category and class, as noted in earlier HHS bulletins, the proposed rule requires coverage for at least one drug in each class or the number of drugs that the benchmark plan o�ers, whichever is more.

The health care law set up di�erent levels of health plans and allowed catastrophic-only coverage for some people. The draft rule allows insurers in the small-group market to set higher deductibles to reach a certain coverage level.

In addition, the proposed rule states that consumer-driven plans, such as high-deductible plans linked to health savings accounts, can be acceptable if they meet all the requirements of the law.HHS o�cials clari�ed that bene�ts don’t have to be exactly what the benchmark plan o�ers, but any substitutions must be made within the same kind of bene�ts.

Also released was an actuarial value calculator.

Pre-Existing ConditionsThe proposed rule covers numerous questions related to carrying out the health care law’s mandate that insurers cover any applicant who applies and allow policyholders to renew, regardless of pre-existing conditions.

By law, only age, tobacco use, where someone lives and family composition may be taken into account. The price of premiums may vary only within a 3:1 ratio for adults based on age (an older person can’t pay more than three times as much as a young person).

Regulators have asked how to de�ne which family members may be included on the same policy or whether to leave that question to states and insurers.

HHS also seeks information on the nature and magnitude of one-time �xed costs that insurers may incur in complying with the �nal insurance market rule, including administrative and marketing costs.

Wellness ProgramsThe proposed regulation on wellness programs was released jointly by the secretaries of Labor, Health and Human Services, and Treasury. It increases the maximum permissible reward for meeting goals in an employer wellness program designed to promote good health or prevent disease among workers from 20% to 30% in 2014.

The proposed regulation would further increase the maximum permissible reward to 50% for wellness programs designed to prevent or reduce tobacco use.

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