Many of you have been following SB1186 which addresses the abuse of ADA lawsuits. It has passed the legislature and is sitting on the Governor’s desk. I have just learned that the Governor may veto this legislation.
What the bill does is
Reduce statutory damages and litigation for defendants who correct violations
Prevent stacking of multiple claims to increase statutory claims
Ban demands for money in demand letters
Require specificity from demand letters and complaints
Have State Bar review demand letters
Allow mandatory evaluation conferences.
Require notice to property tenants of the building’s Certified Access Specialist program
Have the California Commission of Disability Access receive copies of complaints in order to post data on the top 10 types of violations[ I am a member of this Commission]
This is important legislation for small businesses. Small Business California will be sending a letter to the Governor today supporting this legislation. If there are any associations that want to sign onto the letter please let me know today.
I will also be sending a letter from business owners supporting this legislation. Please let me know today if you will sign on.
Yesterday Lori Kammerer and I were at the signing ceremonies with the Governor in San Diego and Burbank of SB 863[ workers compensation reform].
I had a chance to briefly talk to the Governor and told him about the letters we sent from 25 associations and 120 small business owners supporting this bill.
On the stage there were a list of associations that supported this legislation. If you signed on your name was there.
The Governor asked me to thank all of the associations and business owners that signed.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
Wednesday, September 19, 2012
Governor Signs Steinberg/Dutton Legislation Curbing Abuses of Disabled Access Law
Well it looks like the rumors I have been hearing are incorrect. The Governor just signed SB1186 the ADA bill. For all of you that agreed to sign our letter thank you. Please know we will be sending a letter to the Governor and Senator Steinberg a thank you letter.
If you have not responded and want to be on the thank you letter please let me know.
In cases like this my philosophy is it is better to be prepared and get out letters if you are not sure of outcome.
Hope you agree.
See below
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116shauge@cal-insure.com
415-680-2188
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116shauge@cal-insure.com
415-680-2188
FYI
From: Hedlund, Mark
Sent: Wednesday, September 19, 2012 3:27 PM
Subject: Governor Signs Steinberg/Dutton Legislation Curbing Abuses of Disabled Access Law
Sent: Wednesday, September 19, 2012 3:27 PM
Subject: Governor Signs Steinberg/Dutton Legislation Curbing Abuses of Disabled Access Law
FOR IMMEDIATE RELEASE Contact: Mark Hedlund
September 19, 2012 916-651-4006
Governor Signs Legislation Reforming Disabled Access Law
(Sacramento) – A measure to protect California businesses from predatory legal action while improving access for members of the disabled community is now California law, as Governor Jerry Brown today signed Senate Bill 1186. This bipartisan effort co-authored by Senate President pro Tempore Darrell Steinberg (D-Sacramento) and Senator Bob Dutton (R-Inland Empire) becomes law immediately upon the Governor’s signature, as both houses of the Legislature passed the bill with overwhelming support as an urgency measure.
The bill brings reform to the state’s disability access law by prohibiting “demand for money” letters, where attorneys target businesses with alleged minor access violations and demand a quick monetary settlement in lieu of a more expensive lawsuit or fixing the problem to improve access. Among other provisions, the bill prevents attorneys from “stacking” multiple claims for the same alleged violation in order to increase monetary awards, while it also reduces statutory damages for businesses that fix unintentional violations within 30 to 60 days.
”The whole point of our state and federal disability access laws is to remove barriers for the disabled, giving them full and equal access to businesses like everyone else. Up until now unfortunately, it was often cheaper and quicker for business owners to settle out of court than to remove those obstacles,” said Steinberg. “SB 1186 will instead provide more incentives to fix the violations and enhance accessibility. After many months of working with business and disability rights advocates, this compromise applies common sense to difficult issues.”
While the new law prohibits demand letters asking for money or offers to settle, an attorney with a claim for damages can still send a letter to a business pointing out the alleged violation and advise the owner and/or tenant they “may be civilly liable for actual and statutory damages for a violation of the construction-related accessibility requirement.” Any complaint must also specify the alleged barrier with the date and manner in which it denied access to a person with a disability.
In addition, SB 1186 makes a distinction between intentional and unintentional violations. While a business or property owner would be eligible for reduced damages if the violation is unintentional and is fixed within the statutory time frame, the law preserves the full statutory damages liability for intentional violations.
The urgency measure passed the State Senate 34 – 3, and passed the State Assembly by a vote of 77 – 0.
###
Thursday, September 06, 2012
Small Business Stats/On Bill Financing/ Legislation
Yvonne Lee Regional Advocate for the SBA sent me some updated statistics about small business [defined as businesses with less than 500 employees]. They are as follows
27.9 million small businesses
99.7% of the US employer firms
64% of the net new private sector jobs
49.2% of private sector employment
42.9% of private sector employment
46% of private sector output
43% of high tech employment
98% of firms exporting goods
33% of exporting value.
If you would like full report please let me know.
Thank you Winslow for gathering this information.
San Diego Gas&Electric reported last month that they have recently marked a milestone with On Bill Financing. This program has helped more than 1000 commercial customers since pioneering the program in 2007.
More than $26 million in energy efficient equipment has been financed through On Bill financing which lends to commercial customers with no money down and 0% interest.. The funds are repaid from the energy cost savings produced by the equipment. The loans are from $5000 to $100000.
The default rate on the loans are less than1%. Thank you Frank Spasaro at SDG&E for making it happen.
Small Business California and Hank Ryan brought this program to California. PG&E and Southern California Edison also have programs as required by the CPUC but they have dragged their feet in implementation and for the most part have done everything they can to kill this and not make it readily available to their commercial customers.
The legislative session has ended. Small Business California is looking at developing an agenda for next year. Is there any legislation that you think would help California small businesses. Keep in mind that we are talking about only state legislation not US or local.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
27.9 million small businesses
99.7% of the US employer firms
64% of the net new private sector jobs
49.2% of private sector employment
42.9% of private sector employment
46% of private sector output
43% of high tech employment
98% of firms exporting goods
33% of exporting value.
If you would like full report please let me know.
Thank you Winslow for gathering this information.
San Diego Gas&Electric reported last month that they have recently marked a milestone with On Bill Financing. This program has helped more than 1000 commercial customers since pioneering the program in 2007.
More than $26 million in energy efficient equipment has been financed through On Bill financing which lends to commercial customers with no money down and 0% interest.. The funds are repaid from the energy cost savings produced by the equipment. The loans are from $5000 to $100000.
The default rate on the loans are less than1%. Thank you Frank Spasaro at SDG&E for making it happen.
Small Business California and Hank Ryan brought this program to California. PG&E and Southern California Edison also have programs as required by the CPUC but they have dragged their feet in implementation and for the most part have done everything they can to kill this and not make it readily available to their commercial customers.
The legislative session has ended. Small Business California is looking at developing an agenda for next year. Is there any legislation that you think would help California small businesses. Keep in mind that we are talking about only state legislation not US or local.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
Friday, August 31, 2012
SB 863 letter
Please see my response to Chronicle Editorial this morning opposing passage of workers compensation reform bill.
The attachment is the support Small Business California has gathered from small business associations and small businesses around the state. We were able to get 24 associations and 124 small businesses sign on to the letter. (letter is below)
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2109
===========================================================
From: Scott Hauge
Sent: Friday, August 31, 2012 6:24 AM
To: 'Diaz, John'
Subject: FW: SB 863 letter
John, Please see attached small business associations and small business owners who are supporting SB843. We respectfully disagree with the Chronicle Editorial saying that we should wait to pass a workers compensation reform bill.
Small businesses can’t wait. We are hearing rates are going up over 12% if this does not pass. Small businesses are struggling right now given the state of the economy and these additional cost could potentially put small businesses out of business or force them to cut employees.
The other part of the equation is that our employees can’t wait for an increase in their benefits. In 2004 they saw their benefits cut drastically and SB863 will help solve this problem.
We know this legislation is not perfect but we believe the old adage of “don’t let the perfect be the enemy of the good “applies here.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2109
===================================
TO: Members of the California State Senate and Assembly
FROM: California Small Businesses in Support of Workers’ Comp Bill
DATE: August 29, 2012
RE: SB 863 (De Leon) - Workers’ Compensation Fair & Balanced Reform – SUPPORT
We, the undersign California Small Businesses write to STRONGLY SUPPORT SB 863 (de Leon), that will ensure a fair and balanced approach to correcting our costly and inefficient workers’ compensation system.
We support SB 863 that will correct the inefficiencies of our state’s workers’ compensation system. This legislation accurately identifies key problem areas as identified in the numerous reports produced by the California Commission on Health and Safety and Workers’ Compensation. SB 863 will provide the corrective measures to reduce costs to small businesses, and based on the savings achieved, will provide a reasonable benefit increase to injured workers.
Enactment of Senate Bill 863 is necessary now before projected rate increases hit an all- time high. California employers paid $16.2 billion for workers' compensation in 2011, and the cost continues to rise. The Workers' Compensation Insurance Rating Bureau (WCIRB) recently approved an 18% rate increase on California businesses, while industry analysts also predict even greater hikes next year. SB 863 will prevent these increases on small businesses, while also fixing the systemic problems identified by the stakeholders.
Senate Bill 863 will redirect benefits to increase payments to disabled workers, while taking the corrective steps to reduce unnecessary disputes and litigation. These steps include better oversight of the Medical Provider Networks, the establishment of fee schedules that would keep fees paid at a consistent level, and significantly reduce lien claims by providers who treat injured workers and who are not in the employers’ network.
Projected savings of up to $1.3 billion can be saved by reducing expenses for liens, out-of-network treatment disputes and other unnecessary expenses that keep small businesses’ premiums on the rise. Injured workers would receive approximately $700 million in additional compensation benefits and California employers would save up to $800 million.
California’s Small Businesses who strongly support SB 863 (Lieu) urge the Legislature to approve this bill before the 20111-12 session adjourns. Small Businesses simply cannot afford another 18% increase in their workers’ compensation premiums next year. We are confident that the provisions included in SB 863 will significantly reduce the wasteful spending of our premium dollars so that injured workers can receive the reasonable benefit increases that they deserve.
If you have any questions, please contact me directly at 415.680.2109 or shauge@smallbusinesscalifornia.org. Or, you may contact our Governmental Advocate in Sacramento, Lori Kammerer, Kammerer & Company, at 916.441.5674 or at LCK@midtown.net.
cc: David Lanier, Legislative Policy Unit, Office of the Governor
The Hon. Marty Morgenstern, Secretary, Labor and Workforce Development Agency
Ms. Christine Baker, Director, Department of Industrial Relations
Kevin De Leon, Senator,(D-Los Angeles)
The Honorable John A. Perez, Speaker of the CA State Assembly
Mary Kaems, Special Asst, Speaker of the Assembly on Small Business and Jobs Development
CALIFORNIA ASSOCIATIONS IN STRONG SUPPORT OF SB 863:
1. Brand Source Pacific Rim Region
2. California Association of Competitive Telecommunications Companies
3. California Employers Association
4. California Fence Contractors’ Association
5. California Chapter of the American Fence Association
6. California Independent Oil Marketers Association
7. California Metals Association
8. Coalition of Small and Disable Veteran Businesses
9. Engineering Contractors' Association
10. Flasher Barricade Association
11. Independent Maintenance Contractors Association
12. Licensed Contractors of California
13. Oakland Metropolitan Chamber of Commerce
14. Northern California Independent Booksellers Association (NCIBA)
15. Marin Builders ‘Association
16. Monterey County Business Council
17. Pacific Automotive Recyclers and Machining Association
18. Plumbing Heating and Cooling Contractors of California
19. San Francisco Builders Exchange
20. San Francisco Council of District Merchants Associations
21. San Francisco Chamber of Commerce
22. San Francisco Small Business Network
23. Small Business California
24. The Coalition for Quality Affordable Health Care
CALIFORNIA SMALL BUSINESSES IN STRONG SUPPORT OF SB 863:
1. Scott Hauge, President, CAL Insurance & Associates Inc, - San Francisco
2. Scott Hauge, Vice President, Clayscott Insurance Agency- San Francisco
3. Edward Kaplan, President, Kaplan Architects- San Francisco
4. Kay Reynolds, Partner, Tools for Business Success – Pine Grove
5. Sarosh Kumana, Owner, Pacific Investments – San Francisco
6. Barry Bochner, CEO, Biolog, Inc. – Hayward
7. Cathy Murphy, CEO, Home Instead Senior Care
8. Ron Purcell, Founder, RelQual Associates – Oxnard
9. Thea Selby, Principal, Next Steps Marketing – San Francisco
10. James Roten, CEO, Raven Office Centers – San Francisco
11. Syndi Seid, Founder, Advanced Etiquette- San Anselmo
12. Patty Schmucker, President, DoshaCare- Torrance
13. Elizabeth Fazzio, Vice President, Blue Heron Catering – Oakland
14. Sharon Ascencio, Principal, Ascencio Accounting & Business Services- Oakland
15. Elizabeth Parker, Tulsa Rib Company Restaurant and Catering- Orange
16. John Swan, Vice President, CompPartners – Irvine
17. Norman Garcia, President, Name-Finders Lists, Inc.- Oakland
18. Steve Paoli, President, Mission Bay Food Company – San Francisco
19. Edwin Caba, Owner, Creo La Bistro- San Carlos
20. Ruthie Norton, Sen. Vice President, CCI – San Francisco
21. James Stewart, President,Bayside Heating & Air Conditioning – Redwood City
22. Steve Diddams, President, Diddams Party & Toy- Mountain View
23. Richard Boehl, President, QTE North America Inc.- Rancho Cucamonga
24. Peter Abowd, Manager, Clock Four – San Rafael
25. Vicky Martinez, Owner, Bay Area Re-Roofing– Belmont
26. Bernard Poggetti, Owner, Capitol Electric – San Francisco
27. Thomas Wong, Marathon Packing – San Leandro
28. Mark Klaiman, Owner, Pet Camp- San Francisco
29. Stephen Cornell, Owner, Brownie’s Hardware – San Francisco
30. Meskerem Tadesse, Founder, The Optimize Group – Marina Del Rey
31. Timothy Moran, CFO, Conradshades- San Francisco
32. Tom Cebollero, Owner, Metric Motors – San Francisco
33. Alexandra McIntyre, CEO, RPM/Courier – Alameda
34. Michael Wan, Owner, Ebj Wholesale- Oakland
35. Jim Franzi, Owner, Elmack Cabinetry – Mill Valley
36. Linda Hannawalt, The Shop Around the Corner
37. Mitchell Bearg, Owner, Petline- San Carlos
38. Keola Caindec, North 37 Partners – Larkspur
39. Liz Palacios, Owner, Liz Palacios Designs – San Francisco
40. Elaine Kirk, Banker, Marks & Kirk – Oakland
41. Angelo Pucci, President, G.Pucci & Sons – Brisbane
42. Arnie Lerner, Principal, Lerner & Associates Architects – San Francisco
43. Eric Steckel, Vice President, Bars & Tone – San Francisco
44. Keith Ensminger, Principal, Kramer Translation- Merced
45. Stephen L. Dobrow, President, Primark Benefits- Burlingame
46. Norman P. Ishimoto, President, KI Associates- San Francisco
47. Henry Karnilowicz, Owner, Occidental Express- San Francisco
48. Dan Cerf, Owner, SF Party – San Francisco
49. Elliot Wagner, Manager, Dimitra’s SkinCare & MediSpa – San Francisco
50. Chris Goodwin, Owner, Plumbworks – San Francisco
51. Joanne Gomez, Owner, West Bay Plastics Inc- San Francisco
52. Jim Ross, President Jim Ross Consulting- San Francisco
53. Erin Casey, Manager, KC Glass – San Francisco
54. Renny Marin, President, California Bingo Service
55. Lee R. Petillon, President, Petillon Hiraide & Loomis LLP- Torrance
56. Greg Spry, President, Spryscapes Construction – San Francisco
57. Steven L. Isler, General Counsel & Tax Director, TaxCenters, Inc. – San Francisco
58. Kevyn Higgs, President, The Slanted Door Group – San Francisco
59. Luci Li-Akana, President, Akana Designs – Richmond
60. Spender Chan, Manager, Value Fire Protection – San Francisco
61. John O’Neill, Vice President, Cohn-Reid-O’Neill Insurance Services – San Mateo
62. Bruce O. Huff, Partner, The Kimber Companies – San Francisco
63. Constance M. John, President, MandalMed – San Francisco
64. Jeff Leopold, Partner, Standard 5 &10 Ace – San Francisco
65. Nancy Perata, CFO, Novani – San Francisco
66. Robert Mack, CEO, Biscotti – Oakland
67. Denise Collins, Owner, Aunt Ann's In House Staffing- San Francisco
68. Joe Mackey, CEO, XL Staffing & Security – El Cajon
69. Frank Barnes, CEO, Special Events Staffing- Pasadena
70. Shirley Patrick, Account Rep, Alpha Staffing Services, Rancho Cucamonga
71. Jackie Lance, Owner, Black Diamond Bags – Martinez
72. Mike Sterling, Owner, Sterling and Company – San Anselmo
73. Micheal Bennett, Owner, Bennett Tile Company
74. Angela Sisneroz, CEO, Medelect – Lincoln
75. Steve Fee, Partner, FME Architecture & Design – San Francisco
76. Judi Stiles, Owner, Stiles in Travel- Fair Oaks
77. Sharon Richardson, Principal, Ferrari Florist & Gifts- Santa Cruz
78. John Scott, CFO, The Little Giraffe – Van Nuys
79. Ben Stiegler, CEO, SYNERTEL Managed IT & Converged Communications Solutions- San Francisco
80. Steve Lang, Owner, Lang Roofing – Bell Gardens
81. John Miller, Owner, Regent Apparel – South San Francisco
82. Violeta Galang, Manager, The Futon Shop – San Francisco
83. Jann Fitzgerald, President, RapidRenu- San Francisco
84. Melissa Rich, President, InterSchola- San Francisco
85. Chrissy Dodds, Partner, Adaptive Technology Service – San Francisco
86. Gary Smith, President, Brandywine Communications – Tustin
87. Roanna Biedenweg, Owner, Sterling Tax Services- San Francisco
88. Jean Marie Lescohier, Corporate Secretary, Clipper Construction, Inc. – San Francisco
89. Brent Madsen, Owner, Anette’s Chocolate Factory – Napa
90. Mike Moller, Owner, Moller Realty Group – Corning
91. Vince McDonald, President, McDonald Plumbing Heating & Air – Sacramento
92. Valorie Green, Officer, Solana Investments – Mission Viejo
93. Helga Grayson, CFO, Thinknicity- San Francisco
94. Huy Dang, Owner, VanVy LLC, Laguna Hills
95. Patrick Shreffler, Owner, Emergency Management Consultants- Posey
96. Paula Tejeda, Founder, DBA Chile Lindo – San Francisco
97. Helen Medina, Owner, Parsons Lumber & Hardware – Boyes Hot Springs
98. Alice Thompson, President, Sage Cheshire Aerospace- Lancaster
99. Steve Lemmon, Owner, Great Clips – Walnut Creek
100. James Baird, CEO, Bay Area Development Company – Oakland
101. Moe Abbassi, CFO, Rdi Resource Design Interiors – San Francisco
102. Dave Chapman, President, Chapman Coast – Fullerton
103. John Cosmides, Founder, Barustors- San Francisco
104. Tim Hallen, Manager, Golden Gate Tank Removal- San Francisco
105. Jeff Yamaoka, Owner, Advance Cleaning Systems- San Francisco
106. Keith Goldstein, President, Everest Waterproofing & Restoration- San Francisco
107. John Withers, President Kesson Co- Rohnert Park
108. Randy Soso, President, Metal Building Company –Oakland
109. Sergio Raddavero, President, WCBS – San Carlos
110. Drumm McNaughton, President, The Change Leader – Fallbrook
111. Christine Richardson, President, O’Connell Jetting Systems – Benicia
112. Dennis Albrecht, Owner, Electric Laboratories – Fresno
113. Tom Lacey, President, Mission Business Center – San Francisco
114. Kevin Gray, President, Cornely Company – San Francisco
115. George Taddie, Owner, Tadco Supply – San Jose
116. James Hooper, President, Hooper’s Contract Management Services - San Martin
117. Vanessa Eckerman, Gutter Glove- Rocklin
118. Leonard Strickland, Owner, River Pointe Insurance Agency – West Sacramento
119. Laura Losquadro, CFO, Daisy I.T Supplies, Sales & Services- Rancho Cucamonga
120. Grace Santana, Owner, Santana Plumbing – San Francisco
121. Sarah Dvorak, Owner, Mission Cheese- San Francisco
122. Cliff Ishii, President, Ishii Engineering – San Francisco
123. George Salet, Owner, George Salet Plumbing- Brisbane
124. Janet Sahagun, Manager, Sahagun & Beebe- San Francisco
The attachment is the support Small Business California has gathered from small business associations and small businesses around the state. We were able to get 24 associations and 124 small businesses sign on to the letter. (letter is below)
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2109
===========================================================
From: Scott Hauge
Sent: Friday, August 31, 2012 6:24 AM
To: 'Diaz, John'
Subject: FW: SB 863 letter
John, Please see attached small business associations and small business owners who are supporting SB843. We respectfully disagree with the Chronicle Editorial saying that we should wait to pass a workers compensation reform bill.
Small businesses can’t wait. We are hearing rates are going up over 12% if this does not pass. Small businesses are struggling right now given the state of the economy and these additional cost could potentially put small businesses out of business or force them to cut employees.
The other part of the equation is that our employees can’t wait for an increase in their benefits. In 2004 they saw their benefits cut drastically and SB863 will help solve this problem.
We know this legislation is not perfect but we believe the old adage of “don’t let the perfect be the enemy of the good “applies here.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2109
===================================
TO: Members of the California State Senate and Assembly
FROM: California Small Businesses in Support of Workers’ Comp Bill
DATE: August 29, 2012
RE: SB 863 (De Leon) - Workers’ Compensation Fair & Balanced Reform – SUPPORT
We, the undersign California Small Businesses write to STRONGLY SUPPORT SB 863 (de Leon), that will ensure a fair and balanced approach to correcting our costly and inefficient workers’ compensation system.
We support SB 863 that will correct the inefficiencies of our state’s workers’ compensation system. This legislation accurately identifies key problem areas as identified in the numerous reports produced by the California Commission on Health and Safety and Workers’ Compensation. SB 863 will provide the corrective measures to reduce costs to small businesses, and based on the savings achieved, will provide a reasonable benefit increase to injured workers.
Enactment of Senate Bill 863 is necessary now before projected rate increases hit an all- time high. California employers paid $16.2 billion for workers' compensation in 2011, and the cost continues to rise. The Workers' Compensation Insurance Rating Bureau (WCIRB) recently approved an 18% rate increase on California businesses, while industry analysts also predict even greater hikes next year. SB 863 will prevent these increases on small businesses, while also fixing the systemic problems identified by the stakeholders.
Senate Bill 863 will redirect benefits to increase payments to disabled workers, while taking the corrective steps to reduce unnecessary disputes and litigation. These steps include better oversight of the Medical Provider Networks, the establishment of fee schedules that would keep fees paid at a consistent level, and significantly reduce lien claims by providers who treat injured workers and who are not in the employers’ network.
Projected savings of up to $1.3 billion can be saved by reducing expenses for liens, out-of-network treatment disputes and other unnecessary expenses that keep small businesses’ premiums on the rise. Injured workers would receive approximately $700 million in additional compensation benefits and California employers would save up to $800 million.
California’s Small Businesses who strongly support SB 863 (Lieu) urge the Legislature to approve this bill before the 20111-12 session adjourns. Small Businesses simply cannot afford another 18% increase in their workers’ compensation premiums next year. We are confident that the provisions included in SB 863 will significantly reduce the wasteful spending of our premium dollars so that injured workers can receive the reasonable benefit increases that they deserve.
If you have any questions, please contact me directly at 415.680.2109 or shauge@smallbusinesscalifornia.org. Or, you may contact our Governmental Advocate in Sacramento, Lori Kammerer, Kammerer & Company, at 916.441.5674 or at LCK@midtown.net.
cc: David Lanier, Legislative Policy Unit, Office of the Governor
The Hon. Marty Morgenstern, Secretary, Labor and Workforce Development Agency
Ms. Christine Baker, Director, Department of Industrial Relations
Kevin De Leon, Senator,(D-Los Angeles)
The Honorable John A. Perez, Speaker of the CA State Assembly
Mary Kaems, Special Asst, Speaker of the Assembly on Small Business and Jobs Development
CALIFORNIA ASSOCIATIONS IN STRONG SUPPORT OF SB 863:
1. Brand Source Pacific Rim Region
2. California Association of Competitive Telecommunications Companies
3. California Employers Association
4. California Fence Contractors’ Association
5. California Chapter of the American Fence Association
6. California Independent Oil Marketers Association
7. California Metals Association
8. Coalition of Small and Disable Veteran Businesses
9. Engineering Contractors' Association
10. Flasher Barricade Association
11. Independent Maintenance Contractors Association
12. Licensed Contractors of California
13. Oakland Metropolitan Chamber of Commerce
14. Northern California Independent Booksellers Association (NCIBA)
15. Marin Builders ‘Association
16. Monterey County Business Council
17. Pacific Automotive Recyclers and Machining Association
18. Plumbing Heating and Cooling Contractors of California
19. San Francisco Builders Exchange
20. San Francisco Council of District Merchants Associations
21. San Francisco Chamber of Commerce
22. San Francisco Small Business Network
23. Small Business California
24. The Coalition for Quality Affordable Health Care
CALIFORNIA SMALL BUSINESSES IN STRONG SUPPORT OF SB 863:
1. Scott Hauge, President, CAL Insurance & Associates Inc, - San Francisco
2. Scott Hauge, Vice President, Clayscott Insurance Agency- San Francisco
3. Edward Kaplan, President, Kaplan Architects- San Francisco
4. Kay Reynolds, Partner, Tools for Business Success – Pine Grove
5. Sarosh Kumana, Owner, Pacific Investments – San Francisco
6. Barry Bochner, CEO, Biolog, Inc. – Hayward
7. Cathy Murphy, CEO, Home Instead Senior Care
8. Ron Purcell, Founder, RelQual Associates – Oxnard
9. Thea Selby, Principal, Next Steps Marketing – San Francisco
10. James Roten, CEO, Raven Office Centers – San Francisco
11. Syndi Seid, Founder, Advanced Etiquette- San Anselmo
12. Patty Schmucker, President, DoshaCare- Torrance
13. Elizabeth Fazzio, Vice President, Blue Heron Catering – Oakland
14. Sharon Ascencio, Principal, Ascencio Accounting & Business Services- Oakland
15. Elizabeth Parker, Tulsa Rib Company Restaurant and Catering- Orange
16. John Swan, Vice President, CompPartners – Irvine
17. Norman Garcia, President, Name-Finders Lists, Inc.- Oakland
18. Steve Paoli, President, Mission Bay Food Company – San Francisco
19. Edwin Caba, Owner, Creo La Bistro- San Carlos
20. Ruthie Norton, Sen. Vice President, CCI – San Francisco
21. James Stewart, President,Bayside Heating & Air Conditioning – Redwood City
22. Steve Diddams, President, Diddams Party & Toy- Mountain View
23. Richard Boehl, President, QTE North America Inc.- Rancho Cucamonga
24. Peter Abowd, Manager, Clock Four – San Rafael
25. Vicky Martinez, Owner, Bay Area Re-Roofing– Belmont
26. Bernard Poggetti, Owner, Capitol Electric – San Francisco
27. Thomas Wong, Marathon Packing – San Leandro
28. Mark Klaiman, Owner, Pet Camp- San Francisco
29. Stephen Cornell, Owner, Brownie’s Hardware – San Francisco
30. Meskerem Tadesse, Founder, The Optimize Group – Marina Del Rey
31. Timothy Moran, CFO, Conradshades- San Francisco
32. Tom Cebollero, Owner, Metric Motors – San Francisco
33. Alexandra McIntyre, CEO, RPM/Courier – Alameda
34. Michael Wan, Owner, Ebj Wholesale- Oakland
35. Jim Franzi, Owner, Elmack Cabinetry – Mill Valley
36. Linda Hannawalt, The Shop Around the Corner
37. Mitchell Bearg, Owner, Petline- San Carlos
38. Keola Caindec, North 37 Partners – Larkspur
39. Liz Palacios, Owner, Liz Palacios Designs – San Francisco
40. Elaine Kirk, Banker, Marks & Kirk – Oakland
41. Angelo Pucci, President, G.Pucci & Sons – Brisbane
42. Arnie Lerner, Principal, Lerner & Associates Architects – San Francisco
43. Eric Steckel, Vice President, Bars & Tone – San Francisco
44. Keith Ensminger, Principal, Kramer Translation- Merced
45. Stephen L. Dobrow, President, Primark Benefits- Burlingame
46. Norman P. Ishimoto, President, KI Associates- San Francisco
47. Henry Karnilowicz, Owner, Occidental Express- San Francisco
48. Dan Cerf, Owner, SF Party – San Francisco
49. Elliot Wagner, Manager, Dimitra’s SkinCare & MediSpa – San Francisco
50. Chris Goodwin, Owner, Plumbworks – San Francisco
51. Joanne Gomez, Owner, West Bay Plastics Inc- San Francisco
52. Jim Ross, President Jim Ross Consulting- San Francisco
53. Erin Casey, Manager, KC Glass – San Francisco
54. Renny Marin, President, California Bingo Service
55. Lee R. Petillon, President, Petillon Hiraide & Loomis LLP- Torrance
56. Greg Spry, President, Spryscapes Construction – San Francisco
57. Steven L. Isler, General Counsel & Tax Director, TaxCenters, Inc. – San Francisco
58. Kevyn Higgs, President, The Slanted Door Group – San Francisco
59. Luci Li-Akana, President, Akana Designs – Richmond
60. Spender Chan, Manager, Value Fire Protection – San Francisco
61. John O’Neill, Vice President, Cohn-Reid-O’Neill Insurance Services – San Mateo
62. Bruce O. Huff, Partner, The Kimber Companies – San Francisco
63. Constance M. John, President, MandalMed – San Francisco
64. Jeff Leopold, Partner, Standard 5 &10 Ace – San Francisco
65. Nancy Perata, CFO, Novani – San Francisco
66. Robert Mack, CEO, Biscotti – Oakland
67. Denise Collins, Owner, Aunt Ann's In House Staffing- San Francisco
68. Joe Mackey, CEO, XL Staffing & Security – El Cajon
69. Frank Barnes, CEO, Special Events Staffing- Pasadena
70. Shirley Patrick, Account Rep, Alpha Staffing Services, Rancho Cucamonga
71. Jackie Lance, Owner, Black Diamond Bags – Martinez
72. Mike Sterling, Owner, Sterling and Company – San Anselmo
73. Micheal Bennett, Owner, Bennett Tile Company
74. Angela Sisneroz, CEO, Medelect – Lincoln
75. Steve Fee, Partner, FME Architecture & Design – San Francisco
76. Judi Stiles, Owner, Stiles in Travel- Fair Oaks
77. Sharon Richardson, Principal, Ferrari Florist & Gifts- Santa Cruz
78. John Scott, CFO, The Little Giraffe – Van Nuys
79. Ben Stiegler, CEO, SYNERTEL Managed IT & Converged Communications Solutions- San Francisco
80. Steve Lang, Owner, Lang Roofing – Bell Gardens
81. John Miller, Owner, Regent Apparel – South San Francisco
82. Violeta Galang, Manager, The Futon Shop – San Francisco
83. Jann Fitzgerald, President, RapidRenu- San Francisco
84. Melissa Rich, President, InterSchola- San Francisco
85. Chrissy Dodds, Partner, Adaptive Technology Service – San Francisco
86. Gary Smith, President, Brandywine Communications – Tustin
87. Roanna Biedenweg, Owner, Sterling Tax Services- San Francisco
88. Jean Marie Lescohier, Corporate Secretary, Clipper Construction, Inc. – San Francisco
89. Brent Madsen, Owner, Anette’s Chocolate Factory – Napa
90. Mike Moller, Owner, Moller Realty Group – Corning
91. Vince McDonald, President, McDonald Plumbing Heating & Air – Sacramento
92. Valorie Green, Officer, Solana Investments – Mission Viejo
93. Helga Grayson, CFO, Thinknicity- San Francisco
94. Huy Dang, Owner, VanVy LLC, Laguna Hills
95. Patrick Shreffler, Owner, Emergency Management Consultants- Posey
96. Paula Tejeda, Founder, DBA Chile Lindo – San Francisco
97. Helen Medina, Owner, Parsons Lumber & Hardware – Boyes Hot Springs
98. Alice Thompson, President, Sage Cheshire Aerospace- Lancaster
99. Steve Lemmon, Owner, Great Clips – Walnut Creek
100. James Baird, CEO, Bay Area Development Company – Oakland
101. Moe Abbassi, CFO, Rdi Resource Design Interiors – San Francisco
102. Dave Chapman, President, Chapman Coast – Fullerton
103. John Cosmides, Founder, Barustors- San Francisco
104. Tim Hallen, Manager, Golden Gate Tank Removal- San Francisco
105. Jeff Yamaoka, Owner, Advance Cleaning Systems- San Francisco
106. Keith Goldstein, President, Everest Waterproofing & Restoration- San Francisco
107. John Withers, President Kesson Co- Rohnert Park
108. Randy Soso, President, Metal Building Company –Oakland
109. Sergio Raddavero, President, WCBS – San Carlos
110. Drumm McNaughton, President, The Change Leader – Fallbrook
111. Christine Richardson, President, O’Connell Jetting Systems – Benicia
112. Dennis Albrecht, Owner, Electric Laboratories – Fresno
113. Tom Lacey, President, Mission Business Center – San Francisco
114. Kevin Gray, President, Cornely Company – San Francisco
115. George Taddie, Owner, Tadco Supply – San Jose
116. James Hooper, President, Hooper’s Contract Management Services - San Martin
117. Vanessa Eckerman, Gutter Glove- Rocklin
118. Leonard Strickland, Owner, River Pointe Insurance Agency – West Sacramento
119. Laura Losquadro, CFO, Daisy I.T Supplies, Sales & Services- Rancho Cucamonga
120. Grace Santana, Owner, Santana Plumbing – San Francisco
121. Sarah Dvorak, Owner, Mission Cheese- San Francisco
122. Cliff Ishii, President, Ishii Engineering – San Francisco
123. George Salet, Owner, George Salet Plumbing- Brisbane
124. Janet Sahagun, Manager, Sahagun & Beebe- San Francisco
SB863 Urgent Action Needed Now/ SB 969/SB1234
I have sent emails to you regarding a major workers compensation reform bill SB863[De Leon]/. This bill will increase benefits which have been too low since the passage of 899 in 2004 and it will be more than paid for by cost saving in the system.
Small Business California and 19 other associations have sent a support letter.
In a letter from State Fund yesterday they said if the legislation passes they will recommend a 5% to 7% decrease in their rates. While numbers vary on the savings and cost State Fund has said after the benefit increase there will be a $543 million cost savings.
I am writing to ask all of you to sign onto a letter of support for SB 863. All you need to do is agree to this by return email and send me your company name and location. You will get a copy of the letter after we have all the names. This is your chance to make a difference.
In other legislation
SB 323. Small Business California has successfully gotten an amendment to this bill which would have previously required all existing LLCs to refile based on the new LLC rules in the bill. I encourage you to look at the bill to determine whether you would like to take advantage of the new rules but I suspect most of you will not want the additional cost. I estimate conservatively this will save over $1 billion for the business community.
SB969. This is the Pet Bill legislation that would have set up a state bureaucracy and provided an avenue for lawsuits against Pet Groomers. While animal abuse should never be tolerated there have been relatively few in the state and in our opinion is a solution looking for a problem. This bill is dead.
SB 1234- This is a bill that would have required all businesses with 5 employees to set up a retirement plan. This bill is dead.
SB2408- This bill would repeal the Net Operating Carry Back. Small Business California and 34 associations signed a letter opposing this. There were also 101 of you that signed a joint individual business letter. While this is not officially dead it does not appear to have the two thirds votes it needs
Please agree to sign the letter supporting SB 863
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
Small Business California and 19 other associations have sent a support letter.
In a letter from State Fund yesterday they said if the legislation passes they will recommend a 5% to 7% decrease in their rates. While numbers vary on the savings and cost State Fund has said after the benefit increase there will be a $543 million cost savings.
I am writing to ask all of you to sign onto a letter of support for SB 863. All you need to do is agree to this by return email and send me your company name and location. You will get a copy of the letter after we have all the names. This is your chance to make a difference.
In other legislation
SB 323. Small Business California has successfully gotten an amendment to this bill which would have previously required all existing LLCs to refile based on the new LLC rules in the bill. I encourage you to look at the bill to determine whether you would like to take advantage of the new rules but I suspect most of you will not want the additional cost. I estimate conservatively this will save over $1 billion for the business community.
SB969. This is the Pet Bill legislation that would have set up a state bureaucracy and provided an avenue for lawsuits against Pet Groomers. While animal abuse should never be tolerated there have been relatively few in the state and in our opinion is a solution looking for a problem. This bill is dead.
SB 1234- This is a bill that would have required all businesses with 5 employees to set up a retirement plan. This bill is dead.
SB2408- This bill would repeal the Net Operating Carry Back. Small Business California and 34 associations signed a letter opposing this. There were also 101 of you that signed a joint individual business letter. While this is not officially dead it does not appear to have the two thirds votes it needs
Please agree to sign the letter supporting SB 863
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
interview request on Your Call, KALW in SF
I have told you that there is workers compensation reform bill SB 863 that would make savings cuts in the workers compensation system and would increase benefits to employees. Today the Workers Compensation Insurance Workers Compensation Insurance Bureau came out with the savings and additional cost. The savings were $.4 billion and the cost $320 million.
I will be doing a call in show tomorrow. See below. Please give me your thoughts on topics.
From: Malihe Razazan [mailto:malihe@yourcallradio.org]
Sent: Monday, August 27, 2012 11:25 AM
To: shauge@smallbusinesscalifornia.org
Subject: re:\interview request on Your Call, KALW in SF
Hi,
I am Malihe Razazan with Your Call on KALW in San Francisco. We are doing a show about small business sector and how they are fairing in this economic environment as well as with all the rhetoric coming from presidential candidates and state politicians, who is really actually giving support to small business sector in the state?
Your Call is a daily public affairs program and it airs from 10 to 11 am
would you be able to join us?
thanks
m
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
I will be doing a call in show tomorrow. See below. Please give me your thoughts on topics.
From: Malihe Razazan [mailto:malihe@yourcallradio.org]
Sent: Monday, August 27, 2012 11:25 AM
To: shauge@smallbusinesscalifornia.org
Subject: re:\interview request on Your Call, KALW in SF
Hi,
I am Malihe Razazan with Your Call on KALW in San Francisco. We are doing a show about small business sector and how they are fairing in this economic environment as well as with all the rhetoric coming from presidential candidates and state politicians, who is really actually giving support to small business sector in the state?
Your Call is a daily public affairs program and it airs from 10 to 11 am
would you be able to join us?
thanks
m
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
UPDATE: Workers Compensation/Injury and Illness Prevention Program
As I have said in previous emails workers compensation has become a troubled line of business for insurance companies. The combined loss ratio for the industry for this year is around 130%. I just received word that the Workers Compensation Insurance Rating Bureau has now recommended an 18% rate increase for January. This now needs to go to the Insurance Commissioner for his recommendation and I would expect he will recommend a lower increase. Once that is done insurance companies are not bound by the Insurance Commissioners recommendation but we are seeing insurance companies taking increases and reducing their credits.
The Bureau recommended a 10% increase July 1. I had a couple of representatives from the Bureau in last week. They indicated they wanted to do more for businesses and want to become more visible. If you have a question on what classifications your employees should be put into you can call them at 415-777-0777. If you have an experience modification you should get a copy of the Bureaus worksheet. Your broker should be able to provide this.
One bit of information that might be useful for those of you that will be getting your first experience modification is that you will be audited by the Bureau when you receive your new modification. If you already have a modification this is not necessarily the case.
How many of you have ever heard of the WCIRB?
I have written in previous emails that all businesses that have employees need to have a written Injury and Illness Prevention Program. This has been the case since 1991 and I still find that most small businesses don’t have one. You can do this yourself by going to http://www.dir.ca.gov/DOSH/etools/09-031/index.htm or I have made arrangements with a consultant who will do this in most cases for $150 to $200. Contact me if you are interested.
Note you need to do more than write the plan and put it on a shelf. You need to talk about it with your employees. You need to have it available to all employees. This is the most prevalent fine OSHA gives.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
The Bureau recommended a 10% increase July 1. I had a couple of representatives from the Bureau in last week. They indicated they wanted to do more for businesses and want to become more visible. If you have a question on what classifications your employees should be put into you can call them at 415-777-0777. If you have an experience modification you should get a copy of the Bureaus worksheet. Your broker should be able to provide this.
One bit of information that might be useful for those of you that will be getting your first experience modification is that you will be audited by the Bureau when you receive your new modification. If you already have a modification this is not necessarily the case.
How many of you have ever heard of the WCIRB?
I have written in previous emails that all businesses that have employees need to have a written Injury and Illness Prevention Program. This has been the case since 1991 and I still find that most small businesses don’t have one. You can do this yourself by going to http://www.dir.ca.gov/DOSH/etools/09-031/index.htm or I have made arrangements with a consultant who will do this in most cases for $150 to $200. Contact me if you are interested.
Note you need to do more than write the plan and put it on a shelf. You need to talk about it with your employees. You need to have it available to all employees. This is the most prevalent fine OSHA gives.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
Thursday, August 16, 2012
Workers Compensation Reform/SB323/LLCs/ Affordable Care Act/ Willie Brown
A lot has been going on in Sacramento the last few days. I have learned more about the workers compensation reform package being offered. The estimates vary on the savings but a mid range seem to be about $800 million. As I said in a previous email the saving will be used primarily to increase permanent disability benefits. Small Business California will be tracking this very closely and I would expect our board to be strongly supportive of this proposal.
If you want the highlights of the legislation please let me know.
We continue to work on SB 323 which would require that LLCs refile based on the new rules put forth in the legislation. We are pushing strongly for an exemption for existing LLCs. I have just found out that there are over 603000 of these and the cost to these LLCs would I estimate be over $1 billion.
We received word from the Secretary of State yesterday that it is their opinion existing LLC s would be exempted. The authors office agrees there should be an exemption and has drafted an amendment to do so. The problem is the language is somewhat ambiguous and we are trying to tighten it. The stakes are too high not to nail this down.
Small Business California is the lead organization fighting for this.
The Net Operating Loss Carry Back bill AB2408is still on the table. This will eliminate the ability of businesses to file for a Net Operation Carry Back. It now appears it will be coming up next week. Small Business California has sent a floor alert asking the legislators to oppose. We have two letters. One signed by 34 associations and one signed by 101 small businesses around the state. It will take a two thirds vote to pass and we expect to be successful in killing this awful bill.
An interesting and disturbing development with the Affordable Care Act. There is an interpretation that if an employer pays for the employees health insurance and not family members that the family would not be eligible for the subsidies. In my opinion this would be terrible and may force employers to drop coverage. Most small businesses if they provide coverage do not pay for family members.
Last I had the pleasure of going to lunch with Willie Brown yesterday. I brought my niece Kelly who is working on her masters in conflict management.
Mayor Brown charmed the sox off my niece and he agreed to read her thesis when it is completed.
You may not like Mayor Browns politics but he is brilliant and no one understand California politics better than him.
By the way he is an LLC and strongly agrees that he should not have to refile.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
If you want the highlights of the legislation please let me know.
We continue to work on SB 323 which would require that LLCs refile based on the new rules put forth in the legislation. We are pushing strongly for an exemption for existing LLCs. I have just found out that there are over 603000 of these and the cost to these LLCs would I estimate be over $1 billion.
We received word from the Secretary of State yesterday that it is their opinion existing LLC s would be exempted. The authors office agrees there should be an exemption and has drafted an amendment to do so. The problem is the language is somewhat ambiguous and we are trying to tighten it. The stakes are too high not to nail this down.
Small Business California is the lead organization fighting for this.
The Net Operating Loss Carry Back bill AB2408is still on the table. This will eliminate the ability of businesses to file for a Net Operation Carry Back. It now appears it will be coming up next week. Small Business California has sent a floor alert asking the legislators to oppose. We have two letters. One signed by 34 associations and one signed by 101 small businesses around the state. It will take a two thirds vote to pass and we expect to be successful in killing this awful bill.
An interesting and disturbing development with the Affordable Care Act. There is an interpretation that if an employer pays for the employees health insurance and not family members that the family would not be eligible for the subsidies. In my opinion this would be terrible and may force employers to drop coverage. Most small businesses if they provide coverage do not pay for family members.
Last I had the pleasure of going to lunch with Willie Brown yesterday. I brought my niece Kelly who is working on her masters in conflict management.
Mayor Brown charmed the sox off my niece and he agreed to read her thesis when it is completed.
You may not like Mayor Browns politics but he is brilliant and no one understand California politics better than him.
By the way he is an LLC and strongly agrees that he should not have to refile.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
Friday, August 10, 2012
BOE Update/SB323/Workers Compensation/ATT
Please see below news release from BOE indicating that this month 13,160 letter are being sent to retailers. Note that since 2008 BOE have visited 324000 businesses to verify that retailers and businesses are registered with a sellers permit..
I have written about our efforts to get a grandfather provision on SB 323. This bill as written would require all LLCs that have been filed since 1994 to refile under new provisions in the bill. There are 10s of thousands of these . I have talked to an accountant and attorney to see what the cost will be for these LLCs. At the very low end it will cost each LLC $6500. This assumes 20 hours of attorney time at $250 per hour. This is really low. This of course does not include the many hours a business owner will have to spend.
The resistance to this is coming from the Secretary of State who takes the position that this will create problems for them because they will have to keep two sets of records. So businesses may have to spend millions of dollars because of this bill.
A deal seems to be in the making in Sacramento on workers compensation. Labor unions and large employers have been meeting since April to put together legislation that according to Mark Lifsher in the LA Times “ would cut administrative, legal and medical cost enough to fund a significant boost in benefits paid to workers who suffer permanent disabilities from job related injuries or illness”
Rates for workers compensation according to Lifsher have gone down 60% since the reforms of 2004 but it is pretty much a consensus that permanent disability benefits need to be increased. The key for employers is obviously that the cuts will offset the increases.
What I am hearing is that a deal is imminent.
In a prior email I provided an email about a small business that was having problems with their contract from ATT. He was being charged for services he did not request and increases that were incorrect. He pointed out that ATT needed to make the contracts more understandable.
As a result I got a call from the CPUC asking if a meeting could be set up with Small Business California and a representative of ATT. I would like to her your stories not only about ATT and other utilities.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
========================================
Cynthia Bridges
Executive Director
www.boe.ca.gov
State Board of Equalization
News Release
FOR IMMEDIATE RELEASE
NR# 81-12-S
Date: August 9, 2012
Contact: Jaime Garza
Phone: 916-327-8988
BOE Newsroom
BOE Visits Retailers Statewide to Check Business Permits
Retailers and Businesses Notified of SCOP Team Visits
Sacramento – Retailers and businesses in 17 California zip code areas can expect to receive letters from the Board of Equalization (BOE) notifying them about visits from Statewide Compliance and Outreach Program (SCOP) teams. The visits are intended to educate retailers and business owners on sales and use tax reporting responsibilities, increase tax compliance, and help make the state’s tax system fair and equal for all Californians.
This month, 13,160 letters were sent to retailers and businesses in the following zip codes: Bell Gardens (90201), Walnut (91789), Valley Center (92082), Calimesa (92320), Sun City (92585 and 92586), Newport Beach (92660, 92661, and 92662), San Diego (92107), Morro Bay (93442), Nipomo (93444), San Francisco (94109 and 94133), Sunnyvale (94087), Crescent City (95531), and Smith River (95567).
Since 2008, the BOE SCOP teams have visited more than 324,000 businesses statewide to verify that retailers and businesses are registered and to make sure that noncompliant businesses do not have an unfair advantage over registered businesses that are reporting their sales and use taxes and/or fees to BOE.
Seven SCOP teams located statewide (Oakland, Sacramento, San Jose, Van Nuys, Norwalk, Irvine and Riverside) conduct door-to-door in-person visits based on zip code. They check seller’s permits at stores and other known retail and business locations. They ask only business-related questions and do not inquire about personal financial information. SCOP teams check that registered retailers, as well as service industry businesses, have appropriate permits and licenses. Businesses found to be out of compliance are given instructions on how to register with the BOE and given information about other necessary licenses.
BOE has found that only about 2 percent of businesses operating in California do so without permits or licenses that allow for collection of sales and use taxes and other taxes and fees. However, noncompliance is a contributor to the more than $2 billion sales and use “tax gap” – the difference between the amount of taxes owed and the amount of paid.
If business owners have questions, they may contact their local BOE SCOP Team in Oakland, Sacramento, San Jose, Van Nuys, Norwalk, Irvine or Riverside, or visit the SCOP website.
* * * * *
The five-member California State Board of Equalization is a publicly elected tax board. The BOE collects more than $50 billion annually in taxes and fees supporting state and local government services. It hears business tax appeals, acts as the appellate body for franchise and personal income tax appeals, and serves a significant role in the assessment and administration of property taxes. For more information on other taxes and fees in California, visit www.taxes.ca.gov.
###
I have written about our efforts to get a grandfather provision on SB 323. This bill as written would require all LLCs that have been filed since 1994 to refile under new provisions in the bill. There are 10s of thousands of these . I have talked to an accountant and attorney to see what the cost will be for these LLCs. At the very low end it will cost each LLC $6500. This assumes 20 hours of attorney time at $250 per hour. This is really low. This of course does not include the many hours a business owner will have to spend.
The resistance to this is coming from the Secretary of State who takes the position that this will create problems for them because they will have to keep two sets of records. So businesses may have to spend millions of dollars because of this bill.
A deal seems to be in the making in Sacramento on workers compensation. Labor unions and large employers have been meeting since April to put together legislation that according to Mark Lifsher in the LA Times “ would cut administrative, legal and medical cost enough to fund a significant boost in benefits paid to workers who suffer permanent disabilities from job related injuries or illness”
Rates for workers compensation according to Lifsher have gone down 60% since the reforms of 2004 but it is pretty much a consensus that permanent disability benefits need to be increased. The key for employers is obviously that the cuts will offset the increases.
What I am hearing is that a deal is imminent.
In a prior email I provided an email about a small business that was having problems with their contract from ATT. He was being charged for services he did not request and increases that were incorrect. He pointed out that ATT needed to make the contracts more understandable.
As a result I got a call from the CPUC asking if a meeting could be set up with Small Business California and a representative of ATT. I would like to her your stories not only about ATT and other utilities.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
========================================
Cynthia Bridges
Executive Director
www.boe.ca.gov
State Board of Equalization
News Release
FOR IMMEDIATE RELEASE
NR# 81-12-S
Date: August 9, 2012
Contact: Jaime Garza
Phone: 916-327-8988
BOE Newsroom
BOE Visits Retailers Statewide to Check Business Permits
Retailers and Businesses Notified of SCOP Team Visits
Sacramento – Retailers and businesses in 17 California zip code areas can expect to receive letters from the Board of Equalization (BOE) notifying them about visits from Statewide Compliance and Outreach Program (SCOP) teams. The visits are intended to educate retailers and business owners on sales and use tax reporting responsibilities, increase tax compliance, and help make the state’s tax system fair and equal for all Californians.
This month, 13,160 letters were sent to retailers and businesses in the following zip codes: Bell Gardens (90201), Walnut (91789), Valley Center (92082), Calimesa (92320), Sun City (92585 and 92586), Newport Beach (92660, 92661, and 92662), San Diego (92107), Morro Bay (93442), Nipomo (93444), San Francisco (94109 and 94133), Sunnyvale (94087), Crescent City (95531), and Smith River (95567).
Since 2008, the BOE SCOP teams have visited more than 324,000 businesses statewide to verify that retailers and businesses are registered and to make sure that noncompliant businesses do not have an unfair advantage over registered businesses that are reporting their sales and use taxes and/or fees to BOE.
Seven SCOP teams located statewide (Oakland, Sacramento, San Jose, Van Nuys, Norwalk, Irvine and Riverside) conduct door-to-door in-person visits based on zip code. They check seller’s permits at stores and other known retail and business locations. They ask only business-related questions and do not inquire about personal financial information. SCOP teams check that registered retailers, as well as service industry businesses, have appropriate permits and licenses. Businesses found to be out of compliance are given instructions on how to register with the BOE and given information about other necessary licenses.
BOE has found that only about 2 percent of businesses operating in California do so without permits or licenses that allow for collection of sales and use taxes and other taxes and fees. However, noncompliance is a contributor to the more than $2 billion sales and use “tax gap” – the difference between the amount of taxes owed and the amount of paid.
If business owners have questions, they may contact their local BOE SCOP Team in Oakland, Sacramento, San Jose, Van Nuys, Norwalk, Irvine or Riverside, or visit the SCOP website.
* * * * *
The five-member California State Board of Equalization is a publicly elected tax board. The BOE collects more than $50 billion annually in taxes and fees supporting state and local government services. It hears business tax appeals, acts as the appellate body for franchise and personal income tax appeals, and serves a significant role in the assessment and administration of property taxes. For more information on other taxes and fees in California, visit www.taxes.ca.gov.
###
Wednesday, August 08, 2012
AB2081/SB1234
Yesterday Lori Kammerer Small Business California government affairs person, Lee Petillon Board member Small Business California and I testified on Small Business California sponsored bill AB 2081 before the Senate Banking and Finance committee[Allen]. This bill would authorize the solicitation of accredited investors. It is similar to the JOBS bill passed in Washington but would give investors 10 or 11 protections that probably will not be in the SEC regulations which are expected August 22. The bill passed 4 to 2 with one abstention. It now goes forward to Senate Judiciary. Opposing the bill is AARP and the Public Investors Arbitration Bar Association. It is their belief that the bill does not provide enough protection for investors especially seniors.
It is an interesting position as the JOBS bill will most likely provide little or no protection and California investors will be left with only that option.
It is expected that SB 1234[DeLeon] will be coming before Senate Appropriations today. This bill would mandate that all businesses with 5 or more employees would be required to set up a retirement plan for their employees. It does not require an employer contribution and allows employees to Op Out. Small Business California opposes this because of the mandate and the cost to the state which is estimated to be somewhere between $100 million and $600 million.
The lobbying on this has been extensive supported by unions and opposed by Small Business California , California Chamber, the Financial Industry and other business groups. Should it pass Appropriations and the Senate it will go to the Governor. It is not clear if the Governor will veto the bill.
Scott Hauge
President
Small Business California
It is an interesting position as the JOBS bill will most likely provide little or no protection and California investors will be left with only that option.
It is expected that SB 1234[DeLeon] will be coming before Senate Appropriations today. This bill would mandate that all businesses with 5 or more employees would be required to set up a retirement plan for their employees. It does not require an employer contribution and allows employees to Op Out. Small Business California opposes this because of the mandate and the cost to the state which is estimated to be somewhere between $100 million and $600 million.
The lobbying on this has been extensive supported by unions and opposed by Small Business California , California Chamber, the Financial Industry and other business groups. Should it pass Appropriations and the Senate it will go to the Governor. It is not clear if the Governor will veto the bill.
Scott Hauge
President
Small Business California
Tuesday, August 07, 2012
Bank of America/Mike Garcia Meeting
Numerous articles have been written about the liabilities of small business for theft by third parties from business bank accounts. Please see response below from Bank of America. I strongly recommend you contact your bank as to what their policy is.
I applaud Bank Of America and Dave Legnitto for clarifying. See below.
We will be sending the letter to legislators opposing the repeal of the Net Operating Loss Carry Back. We had 34 associations opposing this and 101 individual businesses opposing. Thank you to all that responded. We are going to stop this legislation.
I received an email from a reporter in Sacramento asking about how small business feels about the Affordable Care Act. She is looking for responses from businesses in the Sacramento area. Do you support the ACA?Do you plan to move your health insurance to the Exchange? Will you drop your insurance? Will you continue to offer insurance outside the Exchange?
For those of you in SF I have put together a meeting with Supervisor candidate in District 7 with Mike Garcia at my office at 2311 Taraval at 8AM August 8.. Are you interested in attending
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
=======================
This Information was found in Bank of America’s Online service agreement which is located on bank of america’s website: www.bankofamerica.com
If your information is compromised due to malware and an unauthorized transaction occurs: The business client has zero liability as long as the transaction is reported to us within 60 days at the latest, we want immediate notification but do allow this window, from when the transaction is seen on your bank statement.
If your passcode is stolen by being hacked into: The business client also has zero liability but must follow the above reporting guidelines. There is one nuance to this and it is as follows:
Bank of America will have no liability to you for any unauthorized payment or transfer made using your passcode that occurs before you have notified us of a possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your passcode even without receiving such notice from you, if we suspect your passcode is being used in an unauthorized or fraudulent manner.
An example of this would be if a fraudulent transfer or unauthorized payment $5,000 occurred on august 1st and the business owner did multiple transactions after this point and another fraudulent transaction occurred on august 30th , it would be reasonable to assume the client could have checked into his balance and notified the bank, thus allowing the bank to take action from allowing future fraud. In this case the business owner would be potentially liable for the losses incurred.
Dave Legnitto
Vice President
Bank of America Small Business Banker
345 Montgomery St.
San Francisco Ca, 94104
Tel. 415.816.8693
Fax 415.844.2735
david.legnitto@bankofamerica.com
I applaud Bank Of America and Dave Legnitto for clarifying. See below.
We will be sending the letter to legislators opposing the repeal of the Net Operating Loss Carry Back. We had 34 associations opposing this and 101 individual businesses opposing. Thank you to all that responded. We are going to stop this legislation.
I received an email from a reporter in Sacramento asking about how small business feels about the Affordable Care Act. She is looking for responses from businesses in the Sacramento area. Do you support the ACA?Do you plan to move your health insurance to the Exchange? Will you drop your insurance? Will you continue to offer insurance outside the Exchange?
For those of you in SF I have put together a meeting with Supervisor candidate in District 7 with Mike Garcia at my office at 2311 Taraval at 8AM August 8.. Are you interested in attending
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
=======================
This Information was found in Bank of America’s Online service agreement which is located on bank of america’s website: www.bankofamerica.com
If your information is compromised due to malware and an unauthorized transaction occurs: The business client has zero liability as long as the transaction is reported to us within 60 days at the latest, we want immediate notification but do allow this window, from when the transaction is seen on your bank statement.
If your passcode is stolen by being hacked into: The business client also has zero liability but must follow the above reporting guidelines. There is one nuance to this and it is as follows:
Bank of America will have no liability to you for any unauthorized payment or transfer made using your passcode that occurs before you have notified us of a possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your passcode even without receiving such notice from you, if we suspect your passcode is being used in an unauthorized or fraudulent manner.
An example of this would be if a fraudulent transfer or unauthorized payment $5,000 occurred on august 1st and the business owner did multiple transactions after this point and another fraudulent transaction occurred on august 30th , it would be reasonable to assume the client could have checked into his balance and notified the bank, thus allowing the bank to take action from allowing future fraud. In this case the business owner would be potentially liable for the losses incurred.
Dave Legnitto
Vice President
Bank of America Small Business Banker
345 Montgomery St.
San Francisco Ca, 94104
Tel. 415.816.8693
Fax 415.844.2735
david.legnitto@bankofamerica.com
UPDATE: Please Help Us Help You /Net Loss Carry Back
A huge thank you to all of you that have agreed to sign onto letter. If you have not done so already please send me an email agreeing to sign letter. Be sure and give me your address.
We now have 35 associations around the state signing the letter below and my goal is to get over 100 businesses to sign onto the letter. Please feel free to forward to all your business colleagues. I don’t think there is an association in California that could have done this.
Just so you know this is not all we are working on. SB 323 has been introduced which would require all LLCs to refile with the state by 2016. This is going to cost businesses considerable legal fees and create great confusion. We are in contact with the authors office asking that they include a grandfather clause for businesses that have filed since 1994. I will let you know what happens.
There is no other association in California that is working on this.
I hope you can see the value of Small Business California and our efforts to represent you. If you are not a member already please consider joining. You can do so by going to www.smallbusinesscalifornia.org
Scott Hauge
President
We now have 35 associations around the state signing the letter below and my goal is to get over 100 businesses to sign onto the letter. Please feel free to forward to all your business colleagues. I don’t think there is an association in California that could have done this.
Just so you know this is not all we are working on. SB 323 has been introduced which would require all LLCs to refile with the state by 2016. This is going to cost businesses considerable legal fees and create great confusion. We are in contact with the authors office asking that they include a grandfather clause for businesses that have filed since 1994. I will let you know what happens.
There is no other association in California that is working on this.
I hope you can see the value of Small Business California and our efforts to represent you. If you are not a member already please consider joining. You can do so by going to www.smallbusinesscalifornia.org
Scott Hauge
President
Please Help Us Help You /Net Loss Carry Back
Please see below letter we are sending with 28 associations around California signing. We expect to have a couple more before we send.
Now I need your help. We want to send a letter with individual businesses. My request the other day did not get much response. Can we add your business to a similar letter. I think this is pretty noncontroversial and we need to show the legislators individual businesses agree with these associations.
To sign all you need to do is tell me it is okay and send me your address. We need to complete this by Monday.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
****DRAFT******
July 17, 2012
The Honorable Christine Kehoe
Chair, Senate Committee on Appropriations
California State Capitol
Sacramento, CA 95814
RE: AB 2408 (Skinner) – OPPOSE - Elimination of Net Operating Loss Carry Back
Dear Senator Kehoe:
The associations listed below, who represent the 3.2 million small businesses in this state are Strongly Opposed to AB 2408 that would entirely eliminate small businesses’ ability to carry back their Net Operating Loss, resulting in significant impacts on small businesses and start-up companies.
Small Business is the engine that drives California's economy. Our state’s small businesses create most of the net new jobs at significant financial and personal risk. Many small businesses, as well as new businesses, nearly all of which are small by definition, must endure several years of losses before profitability can be achieved. This is particularly true in a down economy. Therefore, AB 2408 comes at an especially bad time for small businesses that are trying to get through these difficult times.
Although this proposal has been characterized as a measure that will close a loophole for large corporations, in fact, it will impact 6-7 small businesses for every large business affected. This would be particularly harmful to small businesses in cyclical industries, small businesses that have been affected by the downturn in the economy and small businesses who want to invest in their company to create more jobs for the people in California.
AB 2408 would suspend the ability of a small business to carry back losses and prevent them from growing or investing in their business.
Even without AB 2408, federal tax law and the laws of most other states already treat net operating loss carry backs significantly more favorably than existing California law. We believe that suspending the NOL is bad for the economy in California, but is especially harmful to small companies.
Therefore, the Associations listed are in Strong Opposition to AB 2408 and respectfully request you vote NO on this measure.
Thank you for your consideration and we look forward to answering any questions that you may have. Please contact Scott Hauge, President of Small Business California at 415.680.2109 or Lori Kammerer, Kammerer & Company, SB Cal’s Governmental Relations Advocate at 916.441.5674.
SMALL BUSINESS ASSOCIATIONS IN STRONG OPPOSITION TO AB 2408:
Associated Builders and Contractors of California
Building Owners and Managers Association of San Francisco
California Association of Competitive Telecommunications Companies (CALTEL)
California Association for Micro Enterprise Opportunity (CAMEO)
California Chapter of the American Contractors’ Association
California Employers Association
California Fence Contractors’ Association
California Metals Association
Engineering Contractors' Association
Flasher/Barricade Association
Golden Gate Restaurant Association
Insurance Brokers & Agents of the West
Los Angeles National Association of Women Business Owners
Marin Builders’ Association
Napa Chamber of Commerce
Oakland Metropolitan Chamber of Commerce
Plumbing Heating and Cooling Contractors of California
San Diego Regional Chamber of Commerce
San Francisco Builders Exchange
San Francisco Chamber of Commerce
San Francisco Council of District Merchants Associations
San Francisco Hispanic Chamber of Commerce
San Francisco National Association of Women Business Owners
San Francisco Small Business Advocates
San Francisco Small Business Network
Small Business California
Small Business Majority
Small Manufacturers Association of California
Now I need your help. We want to send a letter with individual businesses. My request the other day did not get much response. Can we add your business to a similar letter. I think this is pretty noncontroversial and we need to show the legislators individual businesses agree with these associations.
To sign all you need to do is tell me it is okay and send me your address. We need to complete this by Monday.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
****DRAFT******
July 17, 2012
The Honorable Christine Kehoe
Chair, Senate Committee on Appropriations
California State Capitol
Sacramento, CA 95814
RE: AB 2408 (Skinner) – OPPOSE - Elimination of Net Operating Loss Carry Back
Dear Senator Kehoe:
The associations listed below, who represent the 3.2 million small businesses in this state are Strongly Opposed to AB 2408 that would entirely eliminate small businesses’ ability to carry back their Net Operating Loss, resulting in significant impacts on small businesses and start-up companies.
Small Business is the engine that drives California's economy. Our state’s small businesses create most of the net new jobs at significant financial and personal risk. Many small businesses, as well as new businesses, nearly all of which are small by definition, must endure several years of losses before profitability can be achieved. This is particularly true in a down economy. Therefore, AB 2408 comes at an especially bad time for small businesses that are trying to get through these difficult times.
Although this proposal has been characterized as a measure that will close a loophole for large corporations, in fact, it will impact 6-7 small businesses for every large business affected. This would be particularly harmful to small businesses in cyclical industries, small businesses that have been affected by the downturn in the economy and small businesses who want to invest in their company to create more jobs for the people in California.
AB 2408 would suspend the ability of a small business to carry back losses and prevent them from growing or investing in their business.
Even without AB 2408, federal tax law and the laws of most other states already treat net operating loss carry backs significantly more favorably than existing California law. We believe that suspending the NOL is bad for the economy in California, but is especially harmful to small companies.
Therefore, the Associations listed are in Strong Opposition to AB 2408 and respectfully request you vote NO on this measure.
Thank you for your consideration and we look forward to answering any questions that you may have. Please contact Scott Hauge, President of Small Business California at 415.680.2109 or Lori Kammerer, Kammerer & Company, SB Cal’s Governmental Relations Advocate at 916.441.5674.
SMALL BUSINESS ASSOCIATIONS IN STRONG OPPOSITION TO AB 2408:
Associated Builders and Contractors of California
Building Owners and Managers Association of San Francisco
California Association of Competitive Telecommunications Companies (CALTEL)
California Association for Micro Enterprise Opportunity (CAMEO)
California Chapter of the American Contractors’ Association
California Employers Association
California Fence Contractors’ Association
California Metals Association
Engineering Contractors' Association
Flasher/Barricade Association
Golden Gate Restaurant Association
Insurance Brokers & Agents of the West
Los Angeles National Association of Women Business Owners
Marin Builders’ Association
Napa Chamber of Commerce
Oakland Metropolitan Chamber of Commerce
Plumbing Heating and Cooling Contractors of California
San Diego Regional Chamber of Commerce
San Francisco Builders Exchange
San Francisco Chamber of Commerce
San Francisco Council of District Merchants Associations
San Francisco Hispanic Chamber of Commerce
San Francisco National Association of Women Business Owners
San Francisco Small Business Advocates
San Francisco Small Business Network
Small Business California
Small Business Majority
Small Manufacturers Association of California
Net Operating Loss Carry back/ Liability from theft of your Bank Account/ IT Vendor
I have written previously about AB 2408 which would repeal the Net Operating Loss carry back. This is an awful bill and will hurt small businesses as they will be prohibited from carrying back losses for two years. As an example say in 2010 and 2011 you made a profit and in 2012 you suffer a loss. The repeal of the carry back provision would not allow you to carry back the losses into the two profitable years You may however carry these losses forward.
This runs counter to federal tax law and will have a negative impact on small businesses investing in their business and will be bad for the economy of California.
Small Business California has put together a letter of opposition and we have about 15 associations around the state signatory to the letter. We will be putting together a letter for individual business and if you have not already agreed to sign onto the letter p[lease let me know if you would sign. I will send a copy of the letter to you when we have all the company names/.
For more information on this bill go to www.leginfo.ca.gov
Businesses can be held responsible for theft from their bank account if their password is obtained by a third party. This may occur because of malware and a Trojan horse that gets into their computer or if their computer is breached. I suggest you contact your bank to see what protections you have. Ask them what happens if you computer is breeched by malware or if your computer is breached.
Do you outsource your IT functions to vendors and entrust sensitive data to these third parties? If so take a look at your contract with them. There are usually four types of contracts.
1.The contract has a full indemnity clause protecting you from a loss. This is the ideal contract
2.The contract has a cap on losses. Take a look at the cap and determine if this is enough to cover a loss
3. The contract has a limitation of liability. Usually this will be amount you have paid the vendor for services. This most likely will not cover your loss.
4.A disclaimer of consequential damages like business interruption. This should be rejected.
I think you will be surprised when you look at your contract. If any of you have a full indemnity provision please let me know.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
This runs counter to federal tax law and will have a negative impact on small businesses investing in their business and will be bad for the economy of California.
Small Business California has put together a letter of opposition and we have about 15 associations around the state signatory to the letter. We will be putting together a letter for individual business and if you have not already agreed to sign onto the letter p[lease let me know if you would sign. I will send a copy of the letter to you when we have all the company names/.
For more information on this bill go to www.leginfo.ca.gov
Businesses can be held responsible for theft from their bank account if their password is obtained by a third party. This may occur because of malware and a Trojan horse that gets into their computer or if their computer is breached. I suggest you contact your bank to see what protections you have. Ask them what happens if you computer is breeched by malware or if your computer is breached.
Do you outsource your IT functions to vendors and entrust sensitive data to these third parties? If so take a look at your contract with them. There are usually four types of contracts.
1.The contract has a full indemnity clause protecting you from a loss. This is the ideal contract
2.The contract has a cap on losses. Take a look at the cap and determine if this is enough to cover a loss
3. The contract has a limitation of liability. Usually this will be amount you have paid the vendor for services. This most likely will not cover your loss.
4.A disclaimer of consequential damages like business interruption. This should be rejected.
I think you will be surprised when you look at your contract. If any of you have a full indemnity provision please let me know.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
Contacts
I have received numerous emails on the question of contracts raised by Susan. Here are a few of the comments I received with some advise that may be helpful. If you have a problem that you think effects a lot of small businesses around the state let me know.
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
===========================
Hi scott,
Stuck in a similar situation, I wrote a letter outlining how they had not met their contractual service obligations, and notified them I wd stop pmt, and asked for refund.
They stopped service.
Also, you can threaten class action suit for unfair business practices CAL. BPC. CODE § 17200 : California Code - Section 17200. After this step, I got very quick personal call from head counsel for Xerox, and they stopped charges the contract retroactively.
“unfair competition” shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.
Pl pass on, and feel free to publish to other small biz owners.
SK
=====================================================
Scott,
Regarding the situation posed by Susan Frey. Yes, the “evergreen” contracts are a problem. My advice is to set a calendar schedule for the renewal of these contracts and begin review and negotiation within the timeframes set out by the agreement. Even if negotiations are under-way, it is in your best interest to serve a notice of intent to terminate within the timeframes. If you don’t, the negotiations will not proceed in a favorable manner because the company knows they can delay the process until you are stuck for another year.
Karen
Karen Preisser
Phone: 530-949-4439
Fax: 530-247-1840
Susan brings up an ongoing problem with us as well --- it is in regards to our telephone service in our stores where we use AT & T. They are now mirroring the cellphone industry contract provisions with their landline telephone service. For example in order to have affordable telephone service our business is required to purchase minutes plans, calling area plans, long distance plans, 800 number minutes plans, etc. and all of these plans have contract periods that we are required to adhere to;and to top it off, if we cancel any of these plans, there is an early termination fee. Now, I have an MBA in business and I am not able to figure out many of their plans and I find that their customer service people are not very well trained in the differences between plans, so it is a "crap" shoot and hope for the best. And if you do not call the AT & T outsourced telemarketing company to discuss your telephone service before the end of your contracts, if the same plan is still offered, you are automatically renewed and if the plan is not offered AT & T picks a plan for you. All of this infuriates me as I have other things to do than sit on hold with AT & T to discuss telephone plans. Just this week we received a booklet in the mail from AT & T indicating that we ordered new telephone service;we did not order any new service. Apparently they "slammed" our Oakland store on July 20th and called the Oakland store and asked our Store Manager if he wanted faster DSL and he said yes;they never told him that he was requesting a $30.00 more a month DSL service, or an additional $360.00 per year. Yesterday I tried to have this extra $30.00 per month charge removed and work this out with the customer service people at AT & T and basically I was told that I am stuck .... Thus, I made a call to the President of AT & T's office for help. First of all, the records at AT & T clearly state that I am the only authorized person to make any changes in telephone service, and they have to contact me in our San Francisco location. Secondly, I learned this AM that the "slamming" techniques that the outsourced AT & T telemarketing firm used on us is illegal. Scott, I am convinced as the economy continues to worsen, many companies will be doing the same thing to small business as small business has always been a preying ground for the "big gorillas" !
Best regards and have a wonderful weekend,
Michael
Michael A. Gardner
Great American Mercantile Co., Inc.
Siegel's Clothing Superstore & Tuxedos
Siegel's Tuxedo Shops
dba Zootsuitstore.com
Swingtunes.com
StacyAdamsOnline.com
Awesometux.com
2366 Mission Street
San Francisco, California 94110-1814
Tel: (415) 824-7729 Ext. 15 Fax: (415) 824-7256
E-mail: mgardner@siegelsclothing.com
Web: www.siegelsclothing.com
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
===========================
Hi scott,
Stuck in a similar situation, I wrote a letter outlining how they had not met their contractual service obligations, and notified them I wd stop pmt, and asked for refund.
They stopped service.
Also, you can threaten class action suit for unfair business practices CAL. BPC. CODE § 17200 : California Code - Section 17200. After this step, I got very quick personal call from head counsel for Xerox, and they stopped charges the contract retroactively.
“unfair competition” shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.
Pl pass on, and feel free to publish to other small biz owners.
SK
=====================================================
Scott,
Regarding the situation posed by Susan Frey. Yes, the “evergreen” contracts are a problem. My advice is to set a calendar schedule for the renewal of these contracts and begin review and negotiation within the timeframes set out by the agreement. Even if negotiations are under-way, it is in your best interest to serve a notice of intent to terminate within the timeframes. If you don’t, the negotiations will not proceed in a favorable manner because the company knows they can delay the process until you are stuck for another year.
Karen
Karen Preisser
Phone: 530-949-4439
Fax: 530-247-1840
Susan brings up an ongoing problem with us as well --- it is in regards to our telephone service in our stores where we use AT & T. They are now mirroring the cellphone industry contract provisions with their landline telephone service. For example in order to have affordable telephone service our business is required to purchase minutes plans, calling area plans, long distance plans, 800 number minutes plans, etc. and all of these plans have contract periods that we are required to adhere to;and to top it off, if we cancel any of these plans, there is an early termination fee. Now, I have an MBA in business and I am not able to figure out many of their plans and I find that their customer service people are not very well trained in the differences between plans, so it is a "crap" shoot and hope for the best. And if you do not call the AT & T outsourced telemarketing company to discuss your telephone service before the end of your contracts, if the same plan is still offered, you are automatically renewed and if the plan is not offered AT & T picks a plan for you. All of this infuriates me as I have other things to do than sit on hold with AT & T to discuss telephone plans. Just this week we received a booklet in the mail from AT & T indicating that we ordered new telephone service;we did not order any new service. Apparently they "slammed" our Oakland store on July 20th and called the Oakland store and asked our Store Manager if he wanted faster DSL and he said yes;they never told him that he was requesting a $30.00 more a month DSL service, or an additional $360.00 per year. Yesterday I tried to have this extra $30.00 per month charge removed and work this out with the customer service people at AT & T and basically I was told that I am stuck .... Thus, I made a call to the President of AT & T's office for help. First of all, the records at AT & T clearly state that I am the only authorized person to make any changes in telephone service, and they have to contact me in our San Francisco location. Secondly, I learned this AM that the "slamming" techniques that the outsourced AT & T telemarketing firm used on us is illegal. Scott, I am convinced as the economy continues to worsen, many companies will be doing the same thing to small business as small business has always been a preying ground for the "big gorillas" !
Best regards and have a wonderful weekend,
Michael
Michael A. Gardner
Great American Mercantile Co., Inc.
Siegel's Clothing Superstore & Tuxedos
Siegel's Tuxedo Shops
dba Zootsuitstore.com
Swingtunes.com
StacyAdamsOnline.com
Awesometux.com
2366 Mission Street
San Francisco, California 94110-1814
Tel: (415) 824-7729 Ext. 15 Fax: (415) 824-7256
E-mail: mgardner@siegelsclothing.com
Web: www.siegelsclothing.com
Friday, July 27, 2012
Health Cost in US/ Question
I read an interesting piece in the Stanford Social Innovation Review about the US health care system.
Did you know:
1. The Us spent $2.6 trillion in health care in 2011 and according to US Health and Human Services will be spending 25% of GDP by 2025
2. Half of all personal bankruptcies are at least partially due to medical expenses
3. Despite such spending US health indicators are among the worst of high income countries in the world. Since 1960 the US dropped from 12th to 46th in infant mortality[below Cuba and Slovenia] and 16th to 36th in life expectancy[ below Cypress and Chile]. In ceratin neighborhoods Baltimore Chicago, and LA life expectancy for subsets of population is lower than Bangladesh
4. In 1960 half of doctors in the US worked in primary care. Today barely 30% and it is getting worse
5. From 2000 to 2005 the percentage of US medical school graduates who chose to enter primary care dropped from 14% to8%
Clearly we have a serious problem. For the entire article go to http://www.ssireview.org/articles/entry/realigning_health_with_care
I received a question from a small business owner. See below. Are any of you experiencing this problem.
Scott Hauge
President
================================================================
Today we had an age old problem rear its ugly head again and I wondered if other businesses have the same problem. That being long contracts with uniform companies, alarm companies, copier companies and for us most recently phone companies that have such stringent rules and short windows to cancel before an “automatic” renewal takes place and you get stuck for more time and more money.
This one put us over the edge. Three year Telepacific contract expired at the end of June, we began negotiating with them in March and now we are told it’s too late to give notice. They needed 60 day written notice within a 30 day window of 60 days before 6/27 but not more than 90 day before, we are stuck for another year. Although I am not done fighting this particular situation, I continue to wonder why there are so many notifications required of business, however these companies do not have to notify their clients of upcoming automatic renewals and one’s options for not renewing in advance of the dates after such long contracts.
That’s all, just wondering if our misery has been experienced by other small business having to use services of big business.
Thank you,
Susan Frey
Bill’s Ace Hardware,
Martinez, CA
925 228 6150 x106
Did you know:
1. The Us spent $2.6 trillion in health care in 2011 and according to US Health and Human Services will be spending 25% of GDP by 2025
2. Half of all personal bankruptcies are at least partially due to medical expenses
3. Despite such spending US health indicators are among the worst of high income countries in the world. Since 1960 the US dropped from 12th to 46th in infant mortality[below Cuba and Slovenia] and 16th to 36th in life expectancy[ below Cypress and Chile]. In ceratin neighborhoods Baltimore Chicago, and LA life expectancy for subsets of population is lower than Bangladesh
4. In 1960 half of doctors in the US worked in primary care. Today barely 30% and it is getting worse
5. From 2000 to 2005 the percentage of US medical school graduates who chose to enter primary care dropped from 14% to8%
Clearly we have a serious problem. For the entire article go to http://www.ssireview.org/articles/entry/realigning_health_with_care
I received a question from a small business owner. See below. Are any of you experiencing this problem.
Scott Hauge
President
================================================================
Today we had an age old problem rear its ugly head again and I wondered if other businesses have the same problem. That being long contracts with uniform companies, alarm companies, copier companies and for us most recently phone companies that have such stringent rules and short windows to cancel before an “automatic” renewal takes place and you get stuck for more time and more money.
This one put us over the edge. Three year Telepacific contract expired at the end of June, we began negotiating with them in March and now we are told it’s too late to give notice. They needed 60 day written notice within a 30 day window of 60 days before 6/27 but not more than 90 day before, we are stuck for another year. Although I am not done fighting this particular situation, I continue to wonder why there are so many notifications required of business, however these companies do not have to notify their clients of upcoming automatic renewals and one’s options for not renewing in advance of the dates after such long contracts.
That’s all, just wondering if our misery has been experienced by other small business having to use services of big business.
Thank you,
Susan Frey
Bill’s Ace Hardware,
Martinez, CA
925 228 6150 x106
Thursday, July 26, 2012
Injury and Illness Prevention Program
Small Business California is working with the California Department of Industrial Relations and State Compensation Insurance Fund on a new initiative to help small businesses develop and implement effective injury and illness prevention programs[IIPP] in their workplaces. These programs help reduce the costs associated with work-related injuries; create safe, positive, and productive work environments; and help businesses meet the legal requirements of the Cal/OSHA IIPP standard. We want your input so that the needs and concerns of small business owners will be met. Please answer the following 3 questions and email it Your responses will be kept completely confidential and CAL OSHA will not see the responses except in the aggregate Thank you for your help!
Scott Hauge
President
====================
1) Have you ever heard of Cal/OSHA’s Injury and Illness Prevention Program (IIPP) requirement?
Yes ___
No ___
If Yes, what challenges have you faced in developing or implementing your IIPP?
________________________________________________________________________________________________
2) All businesses are required by law to have an IIPP. Would you attend a free half day training program where you learned how to develop an effective IIPP?
Yes ___
No ___
If Yes, who would you send to the workshop?
Yourself (owner) ___
Your manager/supervisor ___
Your payroll manager ___
Other: (who?) __________________________________________________________________________________
If No, why not and is there anything that would make you want to attend?
_______________________________________________________________________________________________
3) What resources would help you create an effective health and safety program in your workplace?
Technical assistance on health and safety issues ___
Written materials on specific health and safety issues ___
More extensive health and safety training ___
Other: _________________________________________________________________________________________
Monday, July 23, 2012
SB323/ Not Operating Loss carry back
SB 323 (Vargas) is a bill working its way through the California Legislature and will be taken up when the Legislature reconvenes in August. It would enact a new limited liability company (LLC) law effective January 1, 2013 and repeal the present LLC law effective January 1, 2015, so that all LLCs formed since 1994 (the effective date of the present LLC law) would be invalidated unless converted to the new law.
This would require every LLC to revise its charter and operating agreement to conform to the new law, or become defunct. This could cause considerable confusion and possible litigation.
It is believed that many startup companies and other California small businesses would be affected by this law. There is no grandfather option in this legislation.
Is your company an LLC? Is this something Small Business California should weigh in on?
In a past email I indicated there is legislation to eliminate Net Operating Loss carry backs. We have confirmed the legislation does not eliminate Net Operating Loss carry forwards. Many of you have indicated you would send a letter of opposition to this. Small Business California is awaiting a report from the Franchise Tax Board but plan on sending a letter of opposition in the next week.. For those of you that indicated you would also send a letter of opposition we will be getting back to you . If you did not respond and want to oppose please let me know.
This would require every LLC to revise its charter and operating agreement to conform to the new law, or become defunct. This could cause considerable confusion and possible litigation.
It is believed that many startup companies and other California small businesses would be affected by this law. There is no grandfather option in this legislation.
Is your company an LLC? Is this something Small Business California should weigh in on?
In a past email I indicated there is legislation to eliminate Net Operating Loss carry backs. We have confirmed the legislation does not eliminate Net Operating Loss carry forwards. Many of you have indicated you would send a letter of opposition to this. Small Business California is awaiting a report from the Franchise Tax Board but plan on sending a letter of opposition in the next week.. For those of you that indicated you would also send a letter of opposition we will be getting back to you . If you did not respond and want to oppose please let me know.
Friday, July 20, 2012
Information Every Small Business Should know about Affordable Care Act/ Burdensome Regulations
Thank you to all that were on the webinar Wednesday. Also a big thanks to Kim Parker at the California Employers Association and Sherly Carlson who Co Hosted. Please see what we have put together with the highlights of the webinar.
===============================================
Small Business tax credits
Until 2014 there is a 35% tax credit for businesses up to 25 full time employees with employees’ average wages of less than $50000. Owner and their families are not included in the calculation. The credit is on a sliding scale. If you have 10 employees or fewer and the average salary is $25000 or less you will receive the full credit. Starting in 2014, the credit increases to 50% for two years and can be carried forward for up to twenty years.
Please see link for more information on tax credit from the IRS: http://www.irs.gov/newsroom/article/0,,id=223666,00.html
W2s
If you issue more than 250 W-2s, you will have to report the cost of health insurance benefits for the 2012 tax year. Businesses with less than 250 employees will retain exemption until the IRS comes up with additional guidelines. The amounts spent for employee health benefits by an employer are not taxable income to an employee.
Exchanges
Small Businesses with 50 employees or less will be able to purchase health insurance through the new Small Business Health Options Program (SHOP) Exchange in 2014, the size increases to 100 employees in 2016. Small businesses under 50 can also have their workers purchase subsidized coverage through the individual exchange without paying a penalty (though they would lose the tax benefit of paying for insurance.) The Exchange will negotiate rates with insurance companies. The Exchange will also provide a portal which is tasked to provide easy to understand information about cost, quality and coverage options. A small business can continue to use its broker. Navigators will be provided by the Exchange to explain the program and assist individuals and small employers with enrollment. A small business or self-employed individual may purchase directly from the Exchange through on-line electronic enrollment in addition to traditional paper-based enrollment avenues.
Mandates
In 2014 an individual will be required to purchase or enroll in coverage or pay a tax penalty of $95 or 1% of taxable income, whichever is higher; this will increase on a phased-in basis to $695 or 2.5% of taxable income in 2016. There is no employer mandate unless you have 50 or more full time equivalent employees. Those with 50 or more employees can either purchase insurance or pay a tax/penalty of $2000 per full time employee. In calculating this tax, you count your total full time equivalent employees then deduct 30 employees. For purposes of determining if you meet the 50 full time equivalent employee threshold, part time employees , those under 30 hours, will be added together to determine full time equivalents. If you offer coverage, however, you are not required to cover part time employees.
September 23, 2012
In your Open enrollment period on or after this date, your plan’s participants must receive a more standardized and comprehensible Summary of Benefits and Coverage during the enrollment period.
Have you seen a federal regulations that make no sense. Here’s your opportunity to identify burdensome regulations and do something about it.
White House Asks Businesses to Identify Burdensome Regulations
On July 18, 2012, The White House opened up its regulatory reform effort to the public, launching a website for tips on how the government can streamline or eliminate regulations. In 2011 the President directed all executive agencies to undertake an unprecedented government-wide review of regulations on the books, in order to figure out what is working and what is not, and where appropriate, to streamline or eliminate ineffective, overly burdensome, and outdated rules. Over two dozen agencies responded with regulatory reform plans, listing more than 800 initiatives. The Administration is now asking for businesses to send them comments identifying burdensome regulations.
• Submit comments to the White House here
• Advocacy contact: Charles Maresca, 202.205.6978
For more information on Regulatory Alerts see http://www.sba.gov/advocacy/815
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
===============================================
Small Business tax credits
Until 2014 there is a 35% tax credit for businesses up to 25 full time employees with employees’ average wages of less than $50000. Owner and their families are not included in the calculation. The credit is on a sliding scale. If you have 10 employees or fewer and the average salary is $25000 or less you will receive the full credit. Starting in 2014, the credit increases to 50% for two years and can be carried forward for up to twenty years.
Please see link for more information on tax credit from the IRS: http://www.irs.gov/newsroom/article/0,,id=223666,00.html
W2s
If you issue more than 250 W-2s, you will have to report the cost of health insurance benefits for the 2012 tax year. Businesses with less than 250 employees will retain exemption until the IRS comes up with additional guidelines. The amounts spent for employee health benefits by an employer are not taxable income to an employee.
Exchanges
Small Businesses with 50 employees or less will be able to purchase health insurance through the new Small Business Health Options Program (SHOP) Exchange in 2014, the size increases to 100 employees in 2016. Small businesses under 50 can also have their workers purchase subsidized coverage through the individual exchange without paying a penalty (though they would lose the tax benefit of paying for insurance.) The Exchange will negotiate rates with insurance companies. The Exchange will also provide a portal which is tasked to provide easy to understand information about cost, quality and coverage options. A small business can continue to use its broker. Navigators will be provided by the Exchange to explain the program and assist individuals and small employers with enrollment. A small business or self-employed individual may purchase directly from the Exchange through on-line electronic enrollment in addition to traditional paper-based enrollment avenues.
Mandates
In 2014 an individual will be required to purchase or enroll in coverage or pay a tax penalty of $95 or 1% of taxable income, whichever is higher; this will increase on a phased-in basis to $695 or 2.5% of taxable income in 2016. There is no employer mandate unless you have 50 or more full time equivalent employees. Those with 50 or more employees can either purchase insurance or pay a tax/penalty of $2000 per full time employee. In calculating this tax, you count your total full time equivalent employees then deduct 30 employees. For purposes of determining if you meet the 50 full time equivalent employee threshold, part time employees , those under 30 hours, will be added together to determine full time equivalents. If you offer coverage, however, you are not required to cover part time employees.
September 23, 2012
In your Open enrollment period on or after this date, your plan’s participants must receive a more standardized and comprehensible Summary of Benefits and Coverage during the enrollment period.
Have you seen a federal regulations that make no sense. Here’s your opportunity to identify burdensome regulations and do something about it.
White House Asks Businesses to Identify Burdensome Regulations
On July 18, 2012, The White House opened up its regulatory reform effort to the public, launching a website for tips on how the government can streamline or eliminate regulations. In 2011 the President directed all executive agencies to undertake an unprecedented government-wide review of regulations on the books, in order to figure out what is working and what is not, and where appropriate, to streamline or eliminate ineffective, overly burdensome, and outdated rules. Over two dozen agencies responded with regulatory reform plans, listing more than 800 initiatives. The Administration is now asking for businesses to send them comments identifying burdensome regulations.
• Submit comments to the White House here
• Advocacy contact: Charles Maresca, 202.205.6978
For more information on Regulatory Alerts see http://www.sba.gov/advocacy/815
Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188
SB 969
Last month Small Business California was one of the first business groups to oppose SB 969. Since then a number of other business groups have joined SB-Cal in opposing SB 969. On its face, SB 969 (which regulates dog groomers) would seem to impact only a very small universe of small businesses in California and in some ways that is correct. But in many ways SB 969 and bills similar to it, impact all of our small businesses. SB 969, if passed into law, would:
• create a new board to regulate small businesses;
• would only have large businesses, regulatory entities and not for profits on the board (yes, small businesses would not have a voice);
• require small businesses to submit their employee training to this board for approval (that’s right you would need to share your internal training manual with a public entity dominated by your competitors);
• and would disregard years of practical experience performing your craft unless you received the blessings of this board.
These are issues and concerns application to all small businesses not just dog groomers. In our survey regulations were the 5th most important issue for small businesses in California. These are the kinds of issues that Small Business California continues to pay attention to for all of California’s small businesses.
I am reminded of the quote by Pastor Martin Niemollor
First they came to for the communist and I did not speak out because I was not a communist
Then they came for the trade unionist and I did not speak out because I wasn’t as trade unionist
Then they came for the Jews and I did not speak out because I was not a Jew.
Then they came for me and there was no one left to speak out for me.
I hope you will consider joining Small Business California so we can speak for you.
Scott Hauge
President
Small Business California
• create a new board to regulate small businesses;
• would only have large businesses, regulatory entities and not for profits on the board (yes, small businesses would not have a voice);
• require small businesses to submit their employee training to this board for approval (that’s right you would need to share your internal training manual with a public entity dominated by your competitors);
• and would disregard years of practical experience performing your craft unless you received the blessings of this board.
These are issues and concerns application to all small businesses not just dog groomers. In our survey regulations were the 5th most important issue for small businesses in California. These are the kinds of issues that Small Business California continues to pay attention to for all of California’s small businesses.
I am reminded of the quote by Pastor Martin Niemollor
First they came to for the communist and I did not speak out because I was not a communist
Then they came for the trade unionist and I did not speak out because I wasn’t as trade unionist
Then they came for the Jews and I did not speak out because I was not a Jew.
Then they came for me and there was no one left to speak out for me.
I hope you will consider joining Small Business California so we can speak for you.
Scott Hauge
President
Small Business California
Subscribe to:
Posts (Atom)
