In This Issue
Discounted PE & EIT Review Courses
How to Ask for a Raise and Get It
CJAC Update
UPS Shipping Discount for CSPE Members
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The Official Newsletter of the California Society of Professional Engineers   
July, 2011

Take Advantage of Your Membership and Receive Discounts on PE and EIT Review Courses and Books


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CSPE members receive special pricing $600; non-member price is $850. A 15% discount for members on books purchased through PPI also exists.


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How To Ask For A Raise - And Get It! 

 

When was the last time you asked for a raise? If you are like most people, you waited until you were frustrated, angry, and resentful. Not the best frame of mind for trying to make a positive change. You probably made some critical mistakes. You may have:

  • Made your appeal based on emotion
  • Given your boss an ultimatum
  • Failed to plan ahead what to say figuring you could just "wing it"

And how did that strategy work for you? Did you get everything you hoped for? Probably not.

 

There is a better way to ask for a raise that doesn't involve emotions, ultimatums, or even slamming doors. The answer is planning. Be prepared with objective documentation that proves beyond doubt that you deserve a raise, and have a strategy that puts that information forward in the best possible light.

 

1. Research salary surveys

If you suspect your current earnings are below average for your industry in your state, verify your suspicion by checking out salary surveys. Your state employment service agencies probably provide a salary survey for your industry. Make copies of any salary surveys you find.

 

Additionally, if you suspect your earnings are low within your own company, ask your human resources representative if he/she can provide the normal salary scale for your position. Ask for a copy if possible.

 

These two documented sources will help support the fairness of your request for a raise.

 

2. Prove your worth

If you are waiting for your boss to notice what a great job you are doing, forget it. No one is paying that much attention to you. It's up to you to prove how much you are worth-literally.

 

Keep a weekly journal of what you've done that proves such things as:

  • Creating revenue opportunities
  • Discovering costs savings
  • Helping a coworker meet or beat a deadline
  • Developing a better process
  • Completing tasks ahead of time
  • Generating good will with clients or customers

Use your list of accomplishments to update your resume illustrating the positive impact you've had on your company. An updated resume is your most convincing evidence that you deserve a raise. It will also put your boss on the alert that you are ready with an updated resume when a recruiter calls.

 

3. Plan your strategy

Too often, people don't think about what they're going to say until they're actually in their boss' office. That's too late. Practicing how you want to present your case can be the final key to success in getting your raise.

 

Choose a friend or family member who has been in the position of hiring others, and ask them to let you practice your request for a raise.

 

Once you have your documentation, your updated resume, and your strategy in hand, you'll be ready to approach your boss with confidence. And you'll be well on your way to getting the raise you have truly earned.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Deborah Walker, Certified Career Management Coach

Read more career tips and see sample resumes at:

www.AlphaAdvantage.com  

email: [email protected] 

CJAC Update

CSPE is a member of the Civil Justice Association of California (CJAC). More information is available at www.cjac.org.  


The Budget

 

Governor Brown signed California's much maligned budget yesterday, closing the gap on an almost $27 billion deficit. The state's court system took a massive hit as it's overall budget was cut by $350 million.

 

Brown penciled in another $23.8 million in cuts as well. You can see all of Governor Brown's line item vetoes here.

 


Jerry Brown signs California budget without fanfare  

San Jose Mercury News
June 30-Gov. Jerry Brown signed the budget into law Thursday on time and balanced, but without fanfare. He limited access to the signing ceremony - allowing only a pool of photographers...

Redevelopment change likely headed for court fight  

Associated Press
June 30- California's budget for the new fiscal year includes major changes to community redevelopment agencies, which Gov. Jerry Brown and other critics say drain tax money from schools and public safety...

Budget Spells Cuts for California Judiciary  

Courthouse News
June 28-Democrats in the California Senate were finally able to secure the votes to pass a revised budget introduced by Gov. Jerry Brown and top Democrats...

Proposed budget cuts anger Calif. SC, AG  

LegalNewsLine
June 28-Neither California's supreme court or attorney general are very happy with a budget proposed by Democratic lawmakers and Gov. Jerry Brown...

Bills

 

A Win For Now: Bill Limiting Enforcement of Alternative Dispute Resolution in Workers Compensation Fails Assembly Insurance Committee

Senate Bill 684 (Corbett) would require any agreement between an employer and a workers' compensation insurer concerning resolution of disputes to resolve disputes using California as the choice of law. It would also preclude alternative dispute resolution mechanisms when a state agency has authority to decide a dispute. The bill is substantially similar to AB 2490 (Jones, 2010) which CJAC opposed and Governor Schwarzenegger vetoed. CJAC has three primary concerns with the bill. First, it is unnecessary, as California law already protects California residents from unreasonable contract provisions and unreasonable choice-of-law provisions. Second, we should allow judges to balance factors in individual cases to determine if a choice-of-law clause is appropriate. Third, the bill sets a dangerous precedent for prohibiting other choice-of-law provisions. CJAC supports alternative dispute options for parties as a cost-effective way to reduce litigation. This bill failed to garner enough votes to pass out of the Assembly Insurance Committee on June 27th but was granted reconsideration.

 

A Win: Bill Limiting Legal Disputes over Soldier's Remains Passes Senate Judiciary Committee
CJAC-supported AB 905 (Pan) would reduce litigation related to disposition of remains of service personnel killed in action by recognizing a federal process for directing disposition of the service member's remains. Under current law, the power to make decisions about one's remains starts with the health care power of attorney and then goes down the family chain if no one is otherwise listed. However, when a person is sent off to a military conflict, the person fills out an official military document stating who is to have authority over his or her remains. That document is not currently recognized in California. Because of previous conflicts between bereaving members of the fallen, this bill would make this change and help avoid civil litigation between family members. The bill passed the Senate Judiciary Committee and now heads to the Senate Appropriations Committee.

Alert: CJAC-Opposed Bill Undermining Arbitration Agreements Heads to Senate Floor

Assembly Bill 1062, (Dickinson), sponsored by the Consumer 

Attorneys of California, would weaken the enforcement of arbitration agreements by prohibiting an appeal when a lower court refuses to enforce arbitration agreements. This bill would allow a person who voluntarily signed an agreement to arbitrate any future dispute to sue anyway. And if they do sue anyway, the other person would be prohibited by AB 1062 from appealing a court's decision to allow that decision to proceed. CJAC and a large coalition oppose the bill because it undermines the ability to rely on and enforce arbitration agreements in the state. During a time when our court resources are overburdened already, we believe we should promote arbitration rather than undermine it. AB 1062 is now on the Senate Floor. CJAC encourages those opposed to this measure to contact your Senators and encourage them to vote "no".

 

CJAC-Opposed Minimum Wage "Double Damages" Remains on Senate Floor
CJAC continues to oppose AB 197 (Monning) which is a reintroduction of last year's AB 1881 (Monning, 2010). It would double the liquidated damages that can be awarded against employers in minimum wage actions in court. The availability of liquidated damages in minimum wage claims, let alone any expansion of them, is unjustified. Liquidated damages are a type of punitive damages, equal to the amount of underpaid wages plus interest, that are awarded in addition to: 1) the underpaid wages owed; 2) interest on the underpaid wages; and 3) statutory penalties of $100 or $250 per pay period. Since employer defendants must make the employee whole and pay a substantial penalty, a further expansion of liquidated damages is not necessary. Having already passed the Assembly, the bill remains on the Senate Floor, eligible for a vote at any time.

Bill That Would Encourage Award of Attorney's Fees in Employment Cases on Second House Floor
Assembly Bill 559 (Swanson) is a reintroduction of last year's AB 2773 (Swanson, 2010), which would undo a judicial deterrent to filing frivolous lawsuits. AB 2773 was vetoed by then-Governor Schwarzenegger. AB 559 would change case law to make it easier for plaintiffs' lawyers in employment cases to get attorney's fees. The bill overrules the decision in Chavez v. City of Los Angeles, where a judge exercised discretion to refuse to award attorney's fees. In the case, the plaintiff got $11,500 but the attorney asked for $870,935.50. CJAC believes it is appropriate for judges to use their discretion to refuse to award attorney's fees in case of nominal value and therefore opposes the bill. Assembly Bill 559 is still on the floor of the Senate. CJAC encourages those opposed to contact their Senators and ask them to vote "no" on the bill.

Limitation on Choice of Law and Forum Selection Sent to Senate Judiciary
Assembly Bill 267 (Swanson) would make choice of law and forum selection clauses unenforceable in employment contracts unless additional and separate consideration is provided. The bill is unnecessary because California law already protects employees from unjust contracts. Additionally, judges should have the discretion to allow forum selection clauses when appropriate. The Civil Justice Association of California also opposed similar bills, AB 1043 (Swanson, 2007) and AB 335(Fuentes, 2009) both of which were vetoed by Governor Schwarzenegger. CJAC supports parties' right to freely contract as they wish. Contractual relationships tend to differ from situation to situation, and certain situations may be best served by a choice of law other than California's.

Bill Extending Statute of Limitations for Land Use on Senate Floor
Assembly Bill 1220 (Alejo) is similar to last year's AB 602 (Feuer, 2010) which would have undone the statute of limitations in lawsuits over local government land-use decisions. CJAC opposed that bill and continues to oppose this bill because it would expand the statute of limitations from 60 days to five years to bring claims challenging land use planning decisions. It would lead to increased unjustified litigation by, in effect, establishing an excessively long statute of limitations during which lawsuits challenging the adoption of city or county housing elements may be filed. Under current law, the statute of limitations period for all land use decisions-including the California Environmental Quality Act-are only 30 to 90 days. The bill is on the Senate Floor.

Bill to Impose New Regulations and Allow Lawsuits on Payroll Cards Passes Senate Labor Committee
Assembly Bill 51 (Yamada) would impose burdensome regulations and requirements on employers whose employees opt to have their wages paid by payroll cards. California law expressly allows for three types of payment for employment: cash, check, and direct deposit but is silent on the use of payroll cards. Despite the Labor Commissioner's legal opinion confirming the use of payroll cards to pay employees, this bill would instead create a costly and onerous framework. It would subject employers to fines, penalties or lawsuits anytime a third-party imposed a fee on the card. Despite heavy criticism and questioning by committee members, the bill passed the Senate Labor Committee and now heads to the Senate Banking and Finance Committee.

Bill Limiting Shakedown Americans with Disabilities Act (ADA) Lawsuits Not Yet Set for Committee
Senate Bill 783 (Dutton) would require a potential plaintiff to notify a property owner of an alleged ADA violation. The owner would then have 30 days to respond with a plan to fix the problem or with a rebuttal to the allegations. The owner would have 120 days to fix the violation before the plaintiff could file a lawsuit. In 2008, SB 1608 (Corbett, 2008) enacted several reforms to help businesses meet their obligations and avoid litigation. Unfortunately, there continue to be numerous lawsuits filed across the state. This bill would help encourage property owners to provide access to their businesses while deterring needless lawsuits aimed solely to make attorneys money. CJAC has supported similar bills in the past, such as SB 1608 (Corbett, 2008), AB 2533 (Keene, 2008), AB 20 (Leslie, 2005), SB 855 (Poochigan, 2006) AB 209 and AB 2594 (Leslie, 2004).

A Win: Bill Limiting Zipcode Lawsuits Set for Hearing in the Senate Judiciary Committee
CJAC-supported AB 1219 (Perea) would make clarifying changes to a provision of the Song Beverly Credit Card Act of 1971. The Act defines certain information as "personal identification information" ("PII") and limits when PII can be collected as part of a credit card transaction. AB 1219 would allow PII to be used at the pumps in gas stations. In light of the recent California Supreme Court's recent decision in the Pineda v. Williams-Sonoma Stores, Inc. case, this bill will help reduce lawsuits against gas stations. The Pineda decision held that retailers may not ask customers for their zip codes because zip codes are PII. After the decision, plaintiff's lawyers filed hundreds of class-action lawsuits against retailers for asking their customers for their zip codes, even though at the time the retailers asked, prevailing law allowed it! As introduced, AB 1219 would have applied to other transactions and retroactively quashed those pending lawsuits, but the bill was narrowed to apply only prospectively. The bill will be heard in the Senate Judiciary Committee.  

 

Workers Comp Insurance Discounts for Members Only

As a member of CSPE you and your firm have the opportunity to save significantly on your workers compensation insurance. This is a benefit that can't be beat going it on your own. If you are interested in saving some of your hard earned dollars, pleaseclick here.  This program is FOR MEMBERS ONLY and most participants save more than their annual dues by receiving the group discount.

Safety Programs & Employer Compliance Materials

 

Safety Contact

Safety Director

Marti Kramer, CAE

(916) 563-7179

 

Online Safety Resource

Marti Kramer, CAE

In an effort to assist our group insurance program participants with safety programs we encourage you to frequently visit the State Fund Employers Page.  Some of the many benefits you will enjoy by being part of the CSPE State Fund Workers Compensation Program: 

  • updated forms to keep you in compliance with new legislative mandates
  • local employee safety seminars
  • employee safety manuals (free for downloading from the State Fund site)