December 2012 Newsletter

ISSUE 12

Business Todaythe official publication of the pittsburg chamber of commerce

VOLUME 45 December 2012

Contra Costa CountyBallot Results............................................2

Employee Time Card entries.....................3New Attorney..............................................4

Retired district attorney to prosecute cases for East Contra Costa cities

Happy Holidays!

See Page 2

Contra Costa County Ballot measure results for 2012-2013.

Rounding Policies OK in CaliforniaOn Oct. 29, District Court of Appeal issued an employer-friendly opinion by concluding that, under California law, employers may round employee timecard entries to the nearest tenth of an hour. This ruling is particularly important because there is no statute or prior case law that expressly authorizes this common practice, which is permissible under federal law and followed by California’s labor agency.

California Election Results: Propositions A Mixed Bag For Voters

See Page 2

See Page 4

The results of California's hotly-contested ballot measures varied, with some popular measures coming in strong and others going down in �ames.

Law enforcement agencies in Pittsburg, Antioch and Brentwood could soon have their own deputy district attorney to prosecute crimes.

The Pittsburg Chamber of Commerce would like to say Thank You for your membership and support. We wish you all a Happy Holiday Season and a prosperous New Year!

For more information about the Chamber, please visit us at www.pittsburgchamber.org.

Results for Contra Costa County Measures

See Page 3

2012 Pittsburg Chamber President’s Club:

2012 Partners:

Happy Holidays from The Pittsburg Chamber of Commerce

Business Today Page 2

Results for Contra Costa CountyMeasures:

Jerry Brown's hard-fought Proposition 30, which imposes a small increase on sales taxes and taxes for the state's wealthiest residents in an e�ort to avoid sweeping cuts to our education system, came through. The competing Proposition 38, which would have raised taxes on all residents, lost in a landslide.

"Let's raise our taxes for students, for our schools, for our California dream," the governor said during an election night speech in Sacramento.

Voters rejected both a death penalty repeal and mandatory labeling on genetically engineered foods, but approved a reform of California's controversial three-strikes sentencing law for nonviolent criminals.

Proposition 32, which would have curtailed the power of labor unions, also lost.Take a look at how all the California ballot measures fared below.

A-Contra Costa Comm. College Dist. Parcel Tax (Two-thirds majority required) Yes 64.84%; No 35.16% B-Antioch School Facilities Improv. Dist. Bond Measure (55% majority required) Yes 61.55%; No 38.45% C-Martinez Uni�ed School Dist. Parcel Tax 2/3 (Two-thirds majority required) Yes 67.73%; No 32.27% D-San Ramon Valley Uni�ed School Dist. Bond Measure (55% majority required) Yes 55.19%; No 44.81% E-West Co. Co. Uni�ed School Dist. Bond Measure (55% majority required) Yes 63.48%; No 36.52% G-West Co. Co. Uni�ed School Dist. Parcel Tax (Two-thirds majority required) Yes 74.65%; No 25.35% H-Knightsen Elem. School Dist. Bond Measure (55% majority required) Yes 45.11%; No 54.89% I-Chabot Las Positas Comm. College Dist. Parcel Tax (Two-thirds majority required) Yes 58.51%; No 41.49% J-City of Concord Change City Treas. to Appoint. (Simple majority required) Yes 47.08%; No 52.92% K-Town of Moraga Trans. & Use Tax (Simple majority required) Yes 70.07%; No 29.93% L-City of Orinda Transaction & Use Tax (Simple majority required) Yes 69.12%; No 30.88% M-City of Pinole Utility User Tax (Simple majority required) Yes 78.67%; No 21.33% N-City of Richmond Business License “Soda Tax” (Simple majority required) Yes 33.08%; No 66.92% O-City of Richmond Adv. Meas. Business Lic. Advisory Only (Simple majority required) Yes 63.81%; No 36.19% P-City of Richmond Adv. Meas. Amend U.S. Cons. Advisory Only Yes 72.44%; No 27.56% Q-Co.Co. County Fire Protec. Dist. Parcel Tax (Two-thirds majority required) Yes 52.45%; No 47.55% The Contra Costa County Registrar of Voters has results on all issues and races- national, state and local-before Contra Costa County voters.

California Election Results: Propositions A Mixed Bag For Voters

http://blogs.kqed.org/election2012/2012/11/07/contra-costa-measures-results/

Monthly Q&A Technology Tipshow to get the best from your technology...

Coffee & Commerce

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

Business Today Page 3

Due to the need to provide clari�cation on the rounding issue for California employers, the California Chamber of Commerce urged the appeals court review of the matter last year.Timekeeping SystemIn the case, Silva v. See’s Candy, See’s used a timekeeping software system to keep track of its employees’ working hours. The software system required employees to “punch” into the system at the beginning and end of their shift.Adjustments to the timecards were made only in accordance with two See’s policies: (1) the nearest-tenth rounding policy; and (2) the grace period policy.A former employee �led a class action lawsuit challenging these two policies.Under the nearest-tenth rounding policy, in and out punches were rounded up or down to the nearest tenth of an hour. Under the separate grace period policy, employees whose schedule had been programmed into the timekeeping system could voluntarily punch in up to 10 minutes before their scheduled start time and 10 minutes after their scheduled end time. Employees, under See’s rules, were not permitted to work during that time, but could use it for personal activities.In reaching its conclusion, the court relied upon the federal Department of Labor rounding standard in determining that rounding policies are permissible provided the policy is “fair and neutral on its face” and over time does not result in failure to properly compensate the employee. In addition, the court was persuaded by the fact that the federal standard also was followed by the California Division of Labor Standards Enforcement.

Yes! More than half of all consumers now have a smartphone, with a whopping 86 million Americans now using their smart-phones to �nd information on a product or service before they buy.

This trend will only increase as the American appetite for instant information continues to grow. You can get your own mobile website built very easily. You can �nd many options online with varying prices and bene�ts, but here in Pittsburg,

Should I have a mobile website?Q:

A:

Ready Print o�ers a great package to get your own custom mobile website up and running relatively quickly!

Start your College Career a step ahead!

Join the LMC Orientation to College and Careers. At the Orientation you will:

*Begin to prepare for a better paying career.*Learn about short-term certi�cate and degree programs.*Learn about the admissions and registration process.*Learn about �nancial resources to support your education.*Learn how to shorten the time it takes to complete college.*Meet LMC students who will share their keys to success.*Creat an educational plan to match your goals.

Students say that the more time you invest in the orientation process, the higher your return and success at Los Medanos College. The Free 8-hour orientation to College and Careers will give you the information you need to be a successful college student and prepare yourself for a vibrant and full�lling career.

All New and Returning Students at LMC can earn job-training certi�cates and degrees that lead straight intom employment.

Administration of JusticeAppliance ServiceAutomotive TechnologyChild DevelopmentComputer Science EngineeringElectrical/Instrumentation TechnologyEmergency Medical ServicesFire TechnologyGraphic CommunicationsJournalismNursingProcess TechnologyRecording ArtsTravel MarketingWelding

Date: Nov. 27 & 29, 2012Time: 9:00am to 1:00pm

Date: Dec. 3 & 5, 2012Time: 5:30pm to 9:30pm

Where: LMC Library Community Room L-109RSVP: 925-439-2181 Ext: 3422

Los Medanos CollegeOrientation to college and Careers

PJ is an executive board member for the Chamber and VP of Marketing for Ramar Foods. Follow him on Twitter @foodtechlife

See’s was able to demonstrate that its nearest-tenth rounding policy went up and down and, that the policy, over time, did not result in a loss to the employee. In addition, See’s was able to present evidence that employees knew about the rounding and grace period policies. Because See’s policies were clear and understood by its employees and because See’s could show that the policies did not result in its employees being underpaid, See’s prevailed in the action.CalChamber InvolvementCalChamber involvement in the case dates back to October 2011, when the CalChamber �led a letter with the court urging review of the trial court’s erroneous decision that the practice of rounding employee time entries to the nearest six minutes violated California law. Review was granted, and, on April 6, 2012, the CalChamber joined the Employers Group and the California Employment Law Council in �ling a brief with the court that rendered this favorable decision.CalChamber was concerned that the trial court decision in the See’s case would lead to the �ling of many more class action lawsuits attacking rounding practices that employers have believed were completely lawful. Moreover, CalChamber recognized that the issue of rounding time entries is a matter of widespread concern to California employers. The CalChamber regularly receives inquiries from its members concerning the rounding of time entries. Employers Receive Needed CertaintyThe �ling of class actions alleging novel legal theories and designed to result in large settlements is bad for the California economy and encourages businesses to leave the state. The favorable decision in the See’s case will not only provide employers with the clarity needed to thwart class action lawsuits challenging rounding policies, but it will also give employers guidance on how to craft policies that comply with California’s law.

Rounding Policies OK in California

www.readyprint.com

By Erika Frank-Cal ChamberVice President, Legal A�airs, and General Counsel

Business Starts Here

Business Today Page 4

Retired district attorney to prosecute cases

SCORE BusinessSmall Business CounselingBy appointment only

29

05

13

20

27

Coffee & Commerce

Agenda: CCC Water Dist.Location: 985 railroad ave.8:00AM to 9:00AM

14

30 31 01

02 03 04 06 07 08

09 10 11 12 15

16 17 18 19 21 22

23 24 25 26

The three East Contra Costa cities are negotiating with the Contra Costa District Attorney's Office to bring a recently retired prosecutor back on a per diem basis to handle local cases.The hope is to have the veteran prosecutor start by the beginning of next year, Antioch police Chief Allan Cantando said. He would handle filing for major crimes such as burglaries, car thefts and assaults, said Bruce Flynn, a Contra Costa deputy district attorney. Homicide and sexual assault cases would still be handled through the county system.Having a dedicated prosecutor will free up time to investigate crimes for detectives, who now must drive to Martinez to file cases, Brentwood police Chief Mark Evenson said."Just having a deputy district attorney dedicated to East County will be beneficial," Evenson said. "He can really get to know all three of our agencies and have more of a sense of what is going on in our communities."He could provide training to officers to help them improve report writing, search and seizure protocol and keep them apprised of changes in case law, Pittsburg police Capt. Brian Addington said."It's the proverbial win-win situation," deputy district attorney Hal Jewett said. Having a prosecutor nearby will help the cities handle cases expeditiously, while freeing up time for "overburdened filing deputies," he said. Local police departments say they arrest juveniles on suspicion of armed robbery and other violent crimes only to see them released from jail days later. Some cases are never prosecuted because the volume of cases is too high.A focused prosecutor will help Antioch and its thinly-staffed police force hold local criminals accountable, Cantando said.

Pittsburg Chamber of Commerce

985 Railroad Ave.Pittsburg, CA.

94565(925)432-7301

NewsletterMonica Couture

Pittsburg Chamberof Commerce

[email protected]

The elections are over. For us here in Pittsburg there is little change. Our city council remains the same; our county supervisor remains the same; we have a new Assembly-man, Jim Frasier, the same State Senator, the same U.S. Senator and the same President. Now let’s all work together, move Pittsburg forward and along with it the rest of the country.

How do we do it? We all start talking about the new Pittsburg; the great new downtown, the new and improving schools, our community college, our safe community, our advancing transportation system, the wonderful marina district, our increasing job market, and all the nearby outdoor activities. We need to buy into Pittsburg and sell Pittsburg. If we as business people and residents of Pittsburg don’t recognize or believe in the great things here, then how are we going to entice more business and residents to come here?

The bay area is leading the country out of the recession and Pittsburg can and is going to be part of that movement. Over the next few weeks the Chamber will be developing and implementing plans to enhance Pittsburg’s image and work on getting those who live in or near Pittsburg to shop Pittsburg First. This can create Pittsburg jobs. If you want to be part of that work call me at the Chamber office.So, as I have said before, “Tell a Friend”

Harry YorkHarry YorkCEO

28

6th Annual HolidayChamber MixerEJ Phair-300 Cummberland5:30pm-7:00pm

For advertising opportunities contact us at

(925) 432-7301

"If we're prosecuting those that are committing crimes, keeping them in custody and forcing them to be held to answer, it will reduce crime and recidivism," Cantando said.Other Contra Costa cities have funded their own deputy district attorneys in the past, but Richmond is the lone city that still has a community prosecutor. The Contra Costa Sheriff's Department also has its own prosecutor.Brentwood had a prosecutor handling its cases, but cut that program about three years ago because it could no longer afford it, Evenson saidAntioch had budgeted $100,000 to finance hiring its own full-time deputy district attorney back in 2007, but those plans went awry because of budget constraints.Each city would pick up a portion of the cost: Pittsburg and Antioch would pay $32,000 a piece and Brentwood $16,000. The prosecutor would work out of the Pittsburg police station, which is next to a county courthouse.

Chamber Happenings...

Chamber Offices ClosedChamber Offices Closed

Harry’s Corner December 2012 Calendar of events

New MembersMonsam Enterprises

Inc.2685 Pittsburg Antioch

Hwy.Antioch, Ca. 94509

(925)7 57-3924

JFKU-Institute of entrepreneurial

leadership2151 Salvio St., Suite 350

concord, Ca. 94520(925) 671-3166

By Paul Burgarino Contra Costa Times

Nov. 14, 2012 -The Pittsburg Chamber of Commerce joined Delmar Tolliver, owner of Functional Fitness Concepts as he opened his doors for the monthly Chamber Business Mixer. The event was a great success as up to 35 new potential clients visited Functional Fitness. Visit them at 440 Railroad Ave. and see what exciting �tness opportunities are available!