A bill sponsored by the California State Floral Association has passed the Assembly Appropriations Committee. AB 1581 (Wieckowski) was brought up in the Assembly Appropriations Committee this week and passed on an 11-5 vote. Next stop is the Assembly Floor.

Recently the California Supreme Court issued its highly anticipated decision in Brinker v. Superior Court, answering some of the most litigated issues in connection with California's meal break requirements. The most important issue decided by the court is whether employers are required to provide non-exempt employees the opportunity to take a 30-minute meal break, or whether employers must ensure that employees comply and perform no work for a full 30-minute period. The court held that an employer satisfies its obligations if it "relieves its employees of all duty, relinquishes control over their activities and permits them a reasonable opportunity to take an uninterrupted 30-minute break, and does not impede or discourage them from doing so." The court specifically held that "an employer must relieve the employee of all duty for the designated period, but need not ensure that the employee does not work." More than three years in the making, the case represents a generally favorable result for employers and provides much needed certainty in California wage & hour law.

Two bills that focus on reforming the State and Regional water boards moved through the key water committees this week. AB 1063 (Alejo) which would align ex parte communications with regional and state water boards more closely with other state agencies such as the Coastal Commission passed the Assembly Water Parks and Wildlife Committee. Dennis Albiani, testifying on behalf of the association, discussed the challenge that farmers, processors and other key stakeholders have in communicating very complex issues to the boards, through staff only communications. SB 965 (Wright) also passed the Senate Environmental Quality Committee with some amendments. Both of these bills will help facilitate communication with board members and allow the members to seek answers directly from stakeholders which currently are barred. The association is working aggressively to get these reforms enacted.

With state revenues slowing to a trickle as the end of April draws near, the state's top fiscal analyst said late Wednesday that California could be "a few billion dollars" shy of Gov. Jerry Brown's budget projections through June 2013. The nonpartisan Legislative Analyst's Office said total personal income tax collections would likely be more than $2 billion below Brown's expectation of $9.4 billion for the month. Because the state was already running behind, it would mean PIT revenues would be $3 billion shy for the fiscal year compared to Brown's updated January projections.

Corporate taxes are also likely to trail Brown's forecast by about $450 million for the fiscal year so far, according to LAO. Unless sales taxes are robust, that means the state would be about $3.5 billion behind for this fiscal year, and likely a "few billion dollars" through the budget cycle that ends in June 2013, the Analyst's Office estimates. Brown pegged the state's deficit at $9.2 billion through that month, and he suggested last week that the problem might be $1 billion or $2 billion worse than previously stated.

This will put pressure on all fee programs and to cut general fund programs such as pest prevention and eradication and animal diagnostic labs. The association will continue to fight to protect special fund programs from a budget raid and retain a strong plant and animal protection program at CDFA.

This week, the Senate Committee on Agriculture, Nutrition and Forestry passed legislation to reauthorize and overhaul farm, conservation and nutrition programs through fiscal 2017 while cutting spending by $24.7 billion over the next 10 years. The vote, including proxy votes, was 16-5. The amended draft measure would end direct payments to grain and cotton growers and would replace those subsidy programs with a revenue protection plan that would offer "shallow loss" coverage for farmers who experience price and crop yield losses. The measure would consolidate a variety of conservation programs to save $6 billion over a decade. As amended, it would provide $800 million in mandatory funding to continue a variety of energy programs that were re-authorized by the original draft bill with no mandatory funding.  

The future of the Senate bill is still unclear.  Senate Majority Leader Harry Reid (D, NV) has told Ag Committee Chair Debbie Stabenow (D, MI) if she were able to pass a bipartisan bill out of committee he would make floor time for consideration.  However, southern and plains states Senators are still unhappy about how rice, cotton, peanuts and wheat fared in the bill.  Stabenow repeatedly pledged to try to address the concerns of rice and peanut growers. The bill abolishes the $5 billion in annual direct payments to farmers and landowners and replaces the direct payment program with the new Agriculture Risk Coverage program, which is designed to cover drops in revenue, and a special insurance program for cotton. Also eliminated is a counter-cyclical program created in 2002 to provide subsidies when commodity prices fall below target levels. Rice growers wanted that program continued if they couldn't keep their direct payments. Under the bill, they would have neither option.

Senator Kirsten Gillibrand (D, NY) objected to the bill because of cuts to nutrition programs, and she also raised concerns about a new program designed to protect revenue of dairy farmers. She said small-scale farms can't afford the payments the program requires.

Before the final vote, the Committee amended the bill to add $800 million in mandatory funding to programs in the energy title, including loan guarantees for biorefineries and subsidies for biofuel feedstocks and rural energy projects. The Congressional Budget Office had estimated the bill would save $24.7 billion over 10 years prior to the aforementioned Committee amendment.

The California Division of Labor Standards Enforcement (DLSE) has released an updated version of the Labor Code section 2810.5 wage-and employment notice and a second update to its frequently asked questions (FAQs) on the notice.

The Wage Theft Protection Act of 2011 requires employers to provide nonexempt employees with a notice - Notice to Employee (Labor Code section 2810.5)-at the time of hire that lists specified wage information.

California employers struggled with putting the provisions of the initial template provided by the DLSE into effect. The DLSE revised its template on April 12.

The Labor Commissioner also has issued its second update to the FAQs about the wage-and-employment notice to help answer questions from employers. The second update to the FAQs, released on April 12, revises several of the previous FAQs and also contains five additional questions and answers.

For new hires made after April 12, 2012, the newer posted version of the template must be used. The DLSE will archive any earlier template on its website for informational purposes.

Employers are required to provide the notice at the time of hire in the language the employer normally uses to communicate employment-related information.

The updated wage-and-employment notice (in English and Spanish) is available for download from HRCalifornia.

An on-demand version of the CalChamber "Paying and Scheduling Nonexempt Employees" webinar is available at

 www.calchamber.com/2012webinars.

(Source:  CalChamber: Staff Gail Cecchettini Whaley)

Driver Safety:  Defensive Driving

A good offense may be the best defense in football, but it is the worst approach to driving.

A safe driver is a defensive driver:

• Be aware of traffic conditions all around your vehicle and far ahead.
• Be constantly alert to the possible illegal acts and errors of others.
• Be willing to yield your right-of-way to avoid an accident.
• Do not tailgate.
• Know and obey all traffic regulations.
• Be cautious when approaching intersections. Decrease the odds of an accident by taking your foot off the accelerator and being ready to brake in preparation for the unpredictable.
• Adjust your driving to accommodate:

-      Traffic conditions

-      Pedestrians

-      Road conditions

-      Weather conditions

-      Time of day

-      Your frame of mind

• Drive as if all pedestrians and all other drivers are your good friends and relatives.

JOIN THE RANKS of those who have won $5,000 and throw your hat in the ring for Floral Management's 19th Annual Marketer of the Year contest. 

If your marketing efforts (large or small) during the last few years have been successful, then you're a candidate!

You could win:

• $5,000 cash prize, sponsored by Design Master color tool, Inc.
• FREE registration ($800 value!) for SAF Palm Beach 2012, September 19-22 at The Breakers, Palm Beach, Fla.  
• Cover story  detailing your shop's marketing efforts in the October issue of Floral Management.

Retailers, wholesalers and growers are welcome to enter this contest. Feel free to share this e-mail with other potential candidates!

Download the 2012 entry form  

 Check out past winners and their marketing efforts 

Have questions about whether you'd be a good candidate? Call or e-mail Kate Penn, kpenn@safnow.org, (800) 336-4743.

Enter today .... Deadline June 4, 2012! 

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