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September 2010 COMMERCE

September 2010 COMMERCE

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Published by: napachamber on Sep 06, 2010
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September 2010 VOL. 21 NO. 9 WE FOCUS ON BUSINESS.
1556 First Street | Napa CA 94559 | 707.226.7455 | napachamber.comMember Spotlight: Inuence InternetLabor Law: Pay Employees Promptly
Deadline for Ads in City Guide, 9/15!
 and more...
Welcome New Members!Benets of MembershipMixer at Fireghters Museum
 Exertec Health & Fitness
Queen o the Valley Medical Center Charter Oak Bank  Hawthorn Inn and Suites
Golden State Warriors Napa Recycling & Waste Services Mark Coleman, State FarmTravis Credit Union
Kathryn Fitzgerald, CFP
Umpqua Bank 
 Markstein Beverage Company Redwood Credit UnionSilverado Resort Napa Valley Marketplace Magazine
 Accelerated Marketing Group Net-Flow Corporation
In July, the Chamber was asked byChamber member, Piner’s Ambulance Ser-vice, to consider helping petition the Countyto consider their protest over the possibleawarding o a new Ambulance Service con-tract to a company in Texas. The LegislativeAction Committee (LAC) heard rom Dr.Karen Smith, rom the County Health Dept.in deense o the RFP process. We thenheard rom Piners. During the discussion
The Chamber In aCTIon For our members
on page 3…See
E3 ConfErEnCE 
on page 4…
The Valley’s Daily News Source
This important business event is host to over twohundred local business leaders who want to be “in theknow” about the current state o our country, our stateand our community. This year, as an added bonus, par-ticipants will leave the event with tangible tools to helpimprove the eciency and success o their businesses.This year you will see a more direct approach to clear,concise and usable inormation in a orm that can beused in the critical business decision-making tasks or the upcoming year.Small Business expert Hector V. Barreto will kick o the morning by providing enlighten-ing advice on making it as an entrepreneur, small business and the global economy. Barretoserved ve years as the Administrator o the U.S. Small Business Administration. Earlier thisyear he was appointed to serve on the Caliornia Commission or Economic Development. Bar-reto also serves asthe Chairman o TheLatino Coalition andChairman o Busi-ness Matchmaking,the nation’s leadingnon-prot smallbusiness procure-ment program.Next up onthe don’t-miss-a-minute agenda willbe Marc Johnstone.As a results-oriented Business Coach at Shirlaws, Marc helps businesses to grow - rom soleoperators to corporate enterprises. Working with leaders in the areas o revenue, productivityand strategy he ocuses not only the commercial aspects o doing business, but on the culturalactors that aect human interaction.
speakers To e3 ConFerenCe
Must-Attend 2010 E
Conference Will ProvideAttendees With Direction For Success
Hector V. BarretoMarc Johnstone
Alan Deutschman
September 2010 | COMMERCE | Page 2 | napachamber.com
Employees must almost always receive nal pay the day theiremployment ends. Most employers know this, providing a nalpaycheck on an employee’s last day o work. Some do not, however,while others all into one or more “traps” created by Caliornia’sunique nal-pay requirements.Caliornia requires that all employees terminated by anemployer – in other words, laid o or red – receive all unpaidwages on their last day o work. Employees who voluntarilyterminate must receive all unpaid wages within 72 hours ater givingnotice or on their last day o work, whichever is later. Employersoten conuse this “72-hour rule,” believing they have three daysater termination to provide nal pay. That is never true whenthe employer terminates an employee, and it does not apply i anemployee gives at least three days’ notice prior to resignation. Ineither case, the employee must be paid on the last day o work.Caliornia levies a signicant penalty or ailure to pay allwages due upon termination. Labor Code Section 203 adds a ullday o wages or each day an employee’s nal pay is late – or up to30 days. Under Section 203, an employee who worked eight hoursa day at $12 an hour would receive a $96 penalty or thirty days –almost $3000 – i any wages remained unpaid. The “waiting-timepenalty” applies only to “willul” ailure to pay but, under Caliornialaw, almost all ailures are willul. Ignorance o the law is no excuse.Employers run into waiting-time penalties by making almostany mistake when calculating nal pay. Some o the most commonissues include:
• Failure to pay all accrued but unused vacation pay,
including any “personal” days o;
• Deducting amounts due from an employee, such as wage
advances, without a written agreement or the actualamount deducted;
• Waiting until the next regular payday rather than providing
all wages on the last day worked;
• Failure to pay commissions and incentive compensation
that is “readily calculable” at the time an employeeterminates;
• Forfeiting or reassigning commissions or incentive
compensation an employee would have received but orterminating; and
• Sending nal pay by mail to an employee’s home without
the employee’s written permission.These common mistakes oten result in waiting-timepenalties, as do more basic issues such as ailure to pay overtime,establishing unauthorized “alternative” workweeks, and misclassiyingemployees as “exempt” or “independent contractors.” Penalties areincreasingly enorced by the Labor Commissioner and in class-actionlawsuits, sometimes turning a one- or two-hour overtime claim into aseveral-thousand-dollar penalty.Employers should careully calculate all wages due on anemployee’s nal workday, cutting a separate check i necessary,providing a nal paycheck at the same location where the employeeusually is paid. This may create extra work or small employers, but itwill pay huge dividends by avoiding easy-money penalty claims. Andit’s the law!
 Richard Rybicki is an attorney with Rybicki & Associates| P.C., a management-side labor and employment law rm withclients ranging rom the Fortune 500 to local retail, manuacturing,healthcare and hospitality businesses. www.rybickiassociates.com
don’t Wait! pay Emloyeespromtly Wen Tey Leave
RSVP by September 8, 2010
Register online at napachamber.com707.226.7455
What’s on the Horizon for 2011
Don’t miss this valuable workshop on what has happenedin Employment Law so ar this year and what is projectedor next year that will impact your business. A tougheconomy and changing times all signal signifcant changesin employment law and its enorcement. This workshop willocus on 2010 changes and likely developments in 2011 lawsaecting all employers, large and small.
Thursday, September 9, 2010
2:00 - 4:00 p.m.
Napa Chamber Board Room
1556 First Street, Napa
$50 Chamber members$65 non-members
in Naa valley’s Most in demanCity Gie & bsiness directory
CONTACT:dana JonsonCell: 707.322.3403Email: meiamix51@otmail.com
Published to supportour local economyand encourage the useof member services;thousands of bookswill be distributedthroughout the County.The entire publicationis available online ANDnew this year, a VPSmartphone App for both iPhone and Droidplatforms!
dEAdLINE: SEpT 15!
 By Lisa Batto ACE,President/CEO
 By Randy Martinsen,President & CEOo Accelerated  Marketing Group2010 Napa Chamber o Commerce Chairman o the Board 
September 23 is our next All Mem-ber Brieng held at the Chamber in ourBoardroom. Our Business Builders com-mittee launched this brieng last year andit has been gaining momentum ever since.New members are denitely encouragedto attend, however, we think this is a greatbenet or you seasoned members out there.It has probably been a while or some o you since you’ve heard all the new benetso your membership - see we’ve never taken
beneFITs oFmembershIp –
hOW, WhY ANd WhAT!
benets away rom you we’ve only continuedto improve and add them to your membership!Some o the things we have been work-ing to improve your business opportunities:Search Engine Optimization – we workedwith Napa Web Consultants to improve ourvisibility when youtype in Doing Businessin Napa, Napa or VisitNapa – staying on topo this SEO process issomething that we arecommitted to providingour members! This isn’ta process that we com-plete just once – it’s anongoing eort to keepon top o this technology!
How you cantake advantage o this beneft?
Check yourBusiness Directory listing on our website tomake sure you have a business descriptionthat contains all the key words that describewhat you do – and i you have a website,we elt we didn’t have enough inormationto make a good decision. LAC Chair, DebraDommen, asked two LAC members, KentKuhlmann and Paul Hicks, to conduct moreinterviews to understand the RFP processand the outcome. During this process, andbeore we could interview the County HealthDepartment - Director, Randy Snowden,made a public announcement to recommendto the Board O Supervisors (BOS) to rejectall RFP candidates. The Chamber ExecutiveCommittee met the aternoon beore the BOSmeeting to discuss the ndings o the inter-views, and orm an opinion to present to theBOS the ollowing morning. The decisionwas to read the ollowing letter:
“The Napa Chamber o Commerce isthe largest representative o businesses inNapa County, representing over a thou-sand businesses that employ over 27,000people. We support the recommendationo Health & Human Services Director,Randy Snowden, to set aside the results o 
The Chamber In aCTIonFor our members
the County’s prior Ambulance RFP andstart the process anew. We encourage theBoard o Supervisors to adopt this recom-mendation and suggest that it incorporatethe ollowing concepts within the newprocedure:
-rated with the County and supportedthe creation o a Local Preerence Or-dinance. The Napa Chamber stronglysupports promoting local businessesor the beneft o our community.Otentimes local businesses haveknowledge o the area that is neededto complete a service to satisaction.We believe businesses that supportour community deserve support romlocal governments when they remaincompetitive and qualifed to do the jobwithin the guidelines requested.
process should compare the businessesbased on their track records andhow they will serve the community,not their fnancial promises that maybecome part o the fnal contract. It iseasy or non-local entities to use theireconomies o scale to make short-termpromises without guaranteeing long-term community investment.
improvements not be part o theRFP process. I the County desiresthat bidding companies must agreeto support inrastructure improve-ment (such as, dispatch services, newequipment or training) negotiationsto und such improvements should beseparate rom the core RFP selectionprocess.We understand that this is not just anissue o choosing an out o state businessover a local business. This is an issue aboutthe health and welare o our communityand receiving the best possible care. Webelieve that adding the above concepts willhelp to create a transparent process thateveryone in the community can support.”
We are happy the BOS voted to ac-cept Director Snowden’s recommendation,and will be watching the new RFP processclosely.I want to thank Paul, Kent, Debra, Lisaand the Chamber Executive Committee orall o the extra work in making a good andtimely recommendation. I am proud to be amember o an organization that eectivelyadvocates or its members.
make sure we have the address correctlylisted. These items will help us keep yourChamber Front Door open to your business!ChamberCast keeps you updated withcurrent events, issues and programs o theChamber. Check out our latest Podcast –you can easily nd it by looking under theBusiness Advocacy section o the websiteand click on ChamberPodcast or ollow this link http://www.napachamber.com/podcast.html
Whyshould you take ad-vantage o this beneft?
 Missing opportunities bynot being inormed couldmean that the opportunitiesmissed may never comeyour way again. An in-ormed person can pick their opportunities.Oce Depot Savings – The special dis-counts you receive through the course o theyear by buying paper, ink and other daily o-
September 2010 | COMMERCE | Page 3 | napachamber.com
Te Naa Camer sorts terecommenationof healt & hmanSerices director,Rany Snowen, toset asie te resltsof te Conty’s rior  Amlance RFp anstart te rocess anew.how yo can takeaantage of tisenet? Wy solyo take aantageof tis enet? Watoes tis enetmean to yo?
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