HomeMy WebLinkAbout10.18.21 Slides from the Fall Regional Summit_Redacted
From:Simmons, Katie
To:Alpert, Bruce; Bennett, Robin; Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Hironimus, Patrizia;
Kimmelshue, Tod; Lucero, Debra; Paulsen, Shaina; Pickett, Andy; Reaster, Kayla; Ring, Brian; Ritter, Tami;
Sweeney, Kathleen; Teeter, Doug
Subject:Slides from the Fall Regional Summit
Date:Monday, October 18, 2021 7:32:27 AM
Attachments:AnnWicksPresentation.pptx
NortecPresentation.pptx
Good morning, members of the Board,
I wanted to share the slides from the Fall Regional Summit (attached) and a few key notes. I will send
notes from the GrowTech Fest as soon as they are published.
Key take-aways:
Largest employment sectors = government, healthcare, retail, hospitality.
Job postings have increased in all industries except for manufacturing and construction –
suspect because those did not shut down during the pandemic.
Priority workforce skills = commercial driver’s licenses and nursing degrees.
Top openings = home healthcare aids, cashiers, fast food employees.
Butte County higher unemployment rate than US but lower than overall CA – suspect that’s
because not as many businesses shut down here as elsewhere.
Labor force participation rate in Butte County is significantly lower than CA and overall US. Top
complaint of businesses.
Projecting region will lose workforce age people in prime earnings age between 2015-2025:
ages 20-34 and 55-64. Opportunity for people over 65 to enter workforce.
Balance of power shifting from employers to workers so wages are increasing and signing
bonuses.
Thank you,
Katie
Katie Simmons
Deputy Administrative Officer
Economic & Community Development
Butte County Administration
T: 530.552.3338 |
From: Simmons, Katie
Sent: Thursday, October 7, 2021 4:31 PM
To: Alpert, Bruce <BAlpert@buttecounty.net>; Bennett, Robin <RBennett@buttecounty.net>; Clerk
of the Board <clerkoftheboard@buttecounty.net>; Connelly, Bill <BConnelly@buttecounty.net>;
Cook, Holly <HCook@buttecounty.net>; Cook, Robin <RCook@buttecounty.net>; Hironimus, Patrizia
<PHironimus@buttecounty.net>; Kimmelshue, Tod <TKimmelshue@buttecounty.net>; Lucero,
Debra <DLucero@buttecounty.net>; Paulsen, Shaina <SPaulsen@buttecounty.net>; Pickett, Andy
<APickett@buttecounty.net>; Reaster, Kayla <kreaster@buttecounty.net>; Ring, Brian
<bring@buttecounty.net>; Ritter, Tami <TRitter@buttecounty.net>; Sweeney, Kathleen
<KASweeney@buttecounty.net>; Teeter, Doug <DTeeter@buttecounty.net>
Cc: Simmons, Katie <KSimmons@buttecounty.net>
Subject: GrowTech Fest & Fall Regional Summit
Good afternoon, Members of the Board,
I wanted to pass along a few “last call” invitations for next week’s regional economic development
events:
th
1. GrowTECH Fest: Day 1 of 2 overlaps with the Board meeting on October 12, but there are
th
some exciting events on Wednesday, October 13, bringing together startups, investors,
entrepreneurs, students, and private and public sector officials. More information can be
found here: growTECH FEST 2021 (10web.site).
th
2. Fall Regional Summit: On Thursday, October 14, the North State Planning & Development
Collective will host the Fall Regional Summit from 9:00 – 11:30am. The Summit will feature
an update on North State Industry, cautionary tales for employers during COVID, and current
career pathways efforts. For more information, including presenters and a link to register:
https://www.nspdc.csuchico.edu/#/ced/events/regionalsummits.
Thank you,
Katie
Katie Simmons
Deputy Administrative Officer
Economic & Community Development
Butte County Administration
25 County Center Drive, Suite 213, Oroville, CA 95965
T: 530.552.3338 |
Twitter | Facebook | YouTube | Pinterest
CA: What’s new in 2022?Ann M. Wicks | PartnerWithers Bergman LLP
October 14, 2021
CA: What’s New in 2022?
Withersworldwide |
A word to the wise…
The information contained herein has been prepared for the general information of attendees at the Fall Economic Summit for the North State Planning & Development Collective. It is
not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information
regarding these or other related matters, please contact your regular legal representative. This material may be considered advertising under certain rules of professional conduct.
2
Cautionary COVID TalesWage & Hour UpdateWarehouse workersWage theftConfidentiality agreement changesCal / OSHA authority expansionHospitality industry: Right to recall
Included in this presentation:I.II.III.IV.V.VI.VII.Not covered: COVID federal law or policy shifts that have already occurred
CA: What’s New in 2022?
Withersworldwide |
3
Mistakes
I. Top 5 COVID
CA: What’s New in 2022?
Withersworldwide |
4
canceling time
–
Missing work/important meetings without notice or explanationGetting high/drunk during breakNot meeting performance expectations
off/vacations
Not addressing bad behavior•••Stagnant pay for existing workers vs. Bonuses, high starting pay for new workersOverworking employees
person work
-
In•••
Mismanagement
CA: What’s New in 2022?
InternetElectronic equipmentOffice supplies
Failure to pay expenses•••Off the clock workExpecting availability around the clockOut of sight, out of mindSecond job syndrome Withersworldwide |
Number five: Remote work•••••5
You Tolerate
Organization
Culture Of Your
Establishes The
The Worst Behavior
Withersworldwide | Presentation title
6
•
person work after isolation
-
person work
-
Botching the return to office work
CA: What’s New in 2022?
Some want to return to the office Others would happily never return to in
Micromanaging / treating employees as childrenExpecting “business as usual” Automatically rejecting hybrid arrangements: ••Underestimating emotional and physical toll of inExpecting
everyone to react the same way Withersworldwide |
Number four: •••••7
Mismanaging leaves / time off for
CA: What’s New in 2022?
Not considering whether you’re required to pay Exclusionary Pay (or other available benefits) for absences resulting from workplace exposureRefusing to provide paid sick leave when its
accruedRequiring documentation for leave (when it’s prohibited)Denying FMLA/CFRA leave for COVID reasonsSharing private medical informationNot Starting Leave entitlement with notice/providing
too much leave Withersworldwide |
Number three: illness••••••8
Discrimination / retaliation
CA: What’s New in 2022?
Vaccine mandates Remote work as accommodationTerminating or punishing someone who gets COVIDTaking adverse action against someone who protests pay or leave denials or failure to accommodate
Failure to accommodate disability or bona fide religious belief••Retaliation••Withersworldwide |
Number two: ••9
Compromising safety
existent cleaning protocols
-
CA: What’s New in 2022?
Allowing sick workers to continue workingOperating despite health dept shut down ordersNo COVID safety planFailing to provide safety equipment or train workersSporadic or nonIgnoring/not
enforcing mask mandates
Business as usual••Ignoring safety protocols ••••Withersworldwide |
Top mistake: ••10
The Way We Work Has Changed Adjust and Adapt
Update
II. Wage & Hour
CA: What’s New in 2022?
Withersworldwide |
12
2810.5) OR
§
tier system
-
/hour on January 1, 2022
/hour on January 1, 2022
$15.00
$14.00
CA: What’s New in 2022?
Wage Theft Prevention Act Form (LC Separate written notice
Small employer (<26): Large employer (26+): IMPACT: You must notify employees of any change in their wage rate and how that impacts overtime:••DON’T FORGET: MANY CA CITIES HAVE THEIR
OWN MINIMUM WAGE ORDINANCES!Withersworldwide |
CA minimum wage 2••••13
exempt, seasonal, temporary AND staffing agency workers
-
CA: What’s New in 2022?
Size of payroll at the time of employment = company sizeIncludes exempt, nonCity ordinances may count workers differently!Withersworldwide |
How many employees?•••14
CA: What’s New in 2022?
(26+ employees)(<26 employees)
$62,400 $58,249 Duties: The person’s job duties must primarily involve executive, administrative or professional duties as defined by the regulations and wage ordersTime: The person
must spend 50% or more of their working time performing exempt duties.*This applies to the “white collar” exemptions. Other tests apply to Creative Professionals, Highly Skilled Computer
Professionals and Outside Salespersons
Raises minimum salary requirements for certain exempt classifications*••Exempt employees must still meet Duties and Time tests (in addition to the Salary Test)•••Withersworldwide |
Salaried employees••15
-
CA: What’s New in 2022?
Put systems in place to track hours/breaks & pay overtime for those you are converting to nonexempt
If you operate in major metropolitan areas, check local minimum wage ordinances (and other laws)Make sure you meet all 3 tests for exempt classificationReclassify workers where necessary•
Prepare for increase in minimum wage•Review exempt salary positions••Withersworldwide |
Action items••16
agricultural wage orders applicable to most
-
small employers will pay overtime after 9 hours in a day or 50 hours in a week
–
employers will be aligned with non
All
CA: What’s New in 2022?
DOUBLE TIME pay for working more than 12 hours in a workdayEach year this changes Example: 2023 Jan 2025: employers
Large employers (26+): Overtime for more than 8 hours in a day or 40 hours in workweek•Small employers (<26): Overtime for more than 9.5 hours in a day or 55 hours in workweek•••Withersworldwide
|
Agriculture industry overtime changes••17
workers
III. Warehouse
CA: What’s New in 2022?
Withersworldwide |
18
CA: What’s New in 2022?
farm product warehousing and storage)
at a specified productivity speed; ora quantified number of tasks; or handle or produce a quantified amount of material
excluding
AB 701: Regulates the use of employee production “quotas” in warehouse distribution centers (What’s a Quota?A work standard under which an employee is assigned or required to perform,
within a defined time period:•••It is considered a quota if the employee may suffer an adverse employment action if they fail to complete the work to the performance standard Withersworldwide
|
Warehouse distribution centers••••19
CA: What’s New in 2022?
Note: keep records! Make sure notice is in language understood by workers
Employers must provide employees a detailed written description of any quota (criteria, how many units produced or handled, within what time period and consequences for failure to meet
quota)Cannot take adverse action against any workers who fail to meet a quota that has not been disclosed in writing••Employees have the right to request a copy of any quota, as well
as the most recent 90 days of the employee’s own “work speed data” (which must be provided in 21 days)Withersworldwide |
Quota notification requirements•••20
CA: What’s New in 2022?
taking a meal or rest period;prevents the use of bathroom facilities (including reasonable travel time to and from bathroom facilities); ORwhich infringes on OSHA workplace safety laws
Quota Notices must be provided within 30 days of hire (or within 30 days of the effective date of law (by Jan 30, 2022)Cannot have a quota that prevents an employee from:•••Quota must
take into account the time it takes employees to comply with OSHA safety laws Withersworldwide |
Warehouse quota limits•••21
burden is on the employer to prove no retaliation
–
to have occurred if an employer:
related complaint to the employer or a government agency
-
presumed
CA: What’s New in 2022?
discriminatesretaliatestakes any adverse action against any employee within 90 days of making a request for information about quotas or work speed data or the employee makes a quota
Unlawful retaliation is ••••Retaliation is a rebuttable presumption Withersworldwide |
No retaliation for quota requests••22
IV. Wage theft
CA: What’s New in 2022?
Withersworldwide |
23
month period
-
487m has been added to the definition of “grand theft” to include intentional theft of
CA: What’s New in 2022?
§
includes the Hiring entity of an independent contractor
Penal Code wages, including gratuities, in excess of $950 from one employee, or $2,350 from a group of employees in a 12Theft = intentional deprivation of wages, gratuities, benefits
or other compensation by unlawful means with the knowledge that the compensation is due the employee under the law“Employee” includes independent contractor“Employer” Can be a felony
(up to 16 months in prison)or misdemeanor (up to one year in county jail)Cannot prohibit employee from filing criminal charges as part of a civil settlementWill a civil settlement be
viewed as an admission of criminal wrongdoing?Withersworldwide |
Grand theft…wages?••••••••24
Trend: Criminal Charges for Employment Violations
Withersworldwide | Presentation title25
Under Attack
V. Confidentiality
CA: What’s New in 2022?
Withersworldwide |
26
disclosure provisions in settlement
-
CA: What’s New in 2022?
In 2019, CA adopted a law that limited confidentiality/nonagreements for harassmentIn 2022, the law has been extended to limit the use of NDAs to prohibit disclosure of any type of employment
discrimination covered by the Fair Employment and Housing Act (FEHA)If there’s been a previously filed lawsuit or charge, you can still protect the identity of the claimant and amount
paid to settle the claim Withersworldwide |
Confidentiality Agreements & NDAs under attack….•••27
Genetic informationMarital statusSexGender, gender identity, gender expressionTransgenderSexual orientationAge (over 40)Military or veteran status
••••••••
CA: What’s New in 2022?
Race ReligionCreedColorNational originAncestryPhysical or mental disabilityMedical condition Withersworldwide |
What’s covered by the new NDA law?••••••••28
in the workplace
CA: What’s New in 2022?
HarassmentDiscrimination Any other conduct the employee has reasonable cause to believe is unlawful
SB 331: Cannot use an NDA in a severance agreement to prohibit disclosure of information about unlawful acts What’s covered? Information about:•••Withersworldwide |
NDAs in severance agreements••29
and provide a “reasonable
–
day period has elapsed
day consultation period does not apply to a negotiated settlement
-
-
CA: What’s New in 2022?
The requirement for a 5
now advise an employee they have the right to consult an attorney
Employee can waive the 5 days if their decision is knowing and voluntary and not prompted by the employer through fraud, misrepresentation or a threat to withdraw or alter the offer
prior to the expiration of the attorney consultation period, or by providing different terms to employees who sign the agreement before the 5
Musttime” of at least 5 days to consult with an attorney•The statute’s recommended language:“Nothing in this agreement prevents you from discussing or disclosing information about unlawful
acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful.” Exception: agreement to resolve a claim filed in court,
before an administrative agency, before an alternative dispute resolution forum or through an employer’s internal complaint process. Withersworldwide |
NDAs in severance agreements••••30
VI. Cal / OSHA
CA: What’s New in 2022?
Withersworldwide |
31
wide violations
-
CA: What’s New in 2022?
EnterpriseEgregious violations
SB 606 expands Cal / OSHA’s authorityNew violation categories:••Withersworldwide |
Cal/OSHA: Expands authority… again••32
even locations
–
that a violation by an employer with multiple worksites is an
wide violations
-
CA: What’s New in 2022?
wide violation
rebuttable presumption
-
Applies when there is a written policy or procedure that violates Cal / OSHA rules or the lawOR if Cal / OSHA has evidence of a pattern or practice of the same violation(s) committed
by the employer at more than one worksiteCal / OSHA can issue citations and remedial orders for the entire enterprise where no violation was found
Creates a enterprise•••Withersworldwide |
Enterprise•33
CA: What’s New in 2022?
Intentional, conscious, voluntary action or inactionIncludes conduct where the employer made no reasonable effort to eliminate a known violation ORConduct whereby a violation results
in worker fatalities, a worksite catastrophe, or a large number of injuries or illnesses
Involves conduct by an employer which is:•••Withersworldwide |
Egregious violations•34
CA: What’s New in 2022?
A persistently high rate of worker injury or illness, ORExtensive past history of violationsIntentionally or unintentionally disregarded health and safety requirements ORWhere employer’s
conduct as a whole amounts to clear bad faith
Includes circumstances where there is:••May include circumstances where employer has:••Withersworldwide |
Egregious violations (cont’d)••35
wide violation
-
means $134,334 for EACH employee exposed to the violation
CA: What’s New in 2022?
Per employee
What’s the difference?Maximum Fine: $134,334 per egregious and enterpriseBUT:
Also includes conduct where employer has committed a large number of violations so as to undermine significantly the effectiveness of any safety and health program that may be in placePenalties
assessed on a per employee basis, rather than a per incident basis•••Withersworldwide |
Egregious violations (cont’d)••36
Right to recall
VII. Hospitality industry:
CA: What’s New in 2022?
Withersworldwide |
37
CA: What’s New in 2022?
Hotels / motelsPrivate clubsEvent centersAirport hospitality operationsAirport service providersJanitorial servicesBuilding maintenanceSecurity services provided to office, retail and
other commercial buildings Withersworldwide |
Who is in the hospitality industry?••••••••38
19 pandemic
-
19 pandemic
-
hire based on seniority
-
CA: What’s New in 2022?
Before hiring a new worker, employer must offer the position to its laid off employees who are “qualified” for the position Qualified = held the same or similar positionMust offer to
reEmployee has 5 business days to accept/reject the offerFailure to rehire employee due to lack of qualifications requires written notice of the reason for their refusal to recall the
employee within 30 days of hiring a replacement workerApplies to successor business entities
SB93 (effective since April 16, 2021)Requires hospitality industry to recall workers who were laid off due to COVIDQualified Laid Off Workers (those employed 6 or more months in the
12 months prior to Jan 1, 2020) who were most recently let go due to COVID••••••Withersworldwide |
Hospitality recall: What’s required?•••39
compliance
-
3 years
empted
-
CA: What’s New in 2022?
keeping and penalties for non
-
Detailed records relating to offers of recall must be kept for
Reinstatement with back pay and benefitsInjunctive reliefCivil penalties
Recordkeeping:•Penalties for violations:•••Local Right to Recall Ordinances are NOT preLaw expires December 31, 2024 Withersworldwide |
Record••••40
19; AND
-
about their exposure to COVID
through!)
-
:
who were on the premises at the same worksite as a qualifying
CA: What’s New in 2022?
19 exposure notification reminder
-
OCTOBER 5, 2021
AS OF Must notify all employees individual within the infectious period Provide notice about any applicable benefits they may be entitled to; ANDProvide notice that the employers cleaning
and disinfection plan has been implemented under Cal / OSHA standards. (AND actually follow Withersworldwide |
COVID••••41
19
-
19
-
19
-
19 diagnosis from a qualified health care provider
-
CA: What’s New in 2022?
confirmed case of COVID
-
LabPositive COVID
Subject to an isolation order by a public health official due to COVIDDied due to COVID
A qualified employee is:••••Notice requirement excludes home health agencies and residential care facilitiesExpires January 1, 2023 (unless renewed)Withersworldwide |
Who is a qualified employee?•••42
Questions?
CA: What’s New in 2022?
Withersworldwide |
43
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Source:
60,000
50,000
40,000
30,000
2021 Jobs
20,000
2020 Jobs
10,000
2019 Jobs
0
Retail Trade
Government
Construction
Manufacturing
Health Care and Social Assistance
Accommodation and Food Services
Agriculture, Forestry, Fishing and Hunting
Other Services (except Public Administration)
Professional, Scientific, and Technical Services
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Reports can be found at
IT & Digital
Agriculture
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(+4 jobs)Teaching Assistants, Except Postsecondary (Health Information Technologists, Medical Registrars, Surgical Assistants, and Healthcare Practitioners and Technical Workers, (General
and Operations Managers
•••••••
26.1% increase in job postingsOccupations that experienced greatest increase in employmentOccupations that experienced greatest decrease in employment
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Line Supervisors of Construction Trades and Extraction
-
Laborers and Freight, Stock, and Material Movers, HandFirstWorkersCashiers*CarpentersSecretaries and Administrative Assistants, Except Legal, Medical, and ExecutiveSecondary School Teachers,
Except Special and Career/Technical Education
Meeting Demand
Industry Cluster
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Agriculture TechConstructionHospitalityManufacturingProfessional ServicesPublic Services
2,500
2,000
1,914
1,427
1,500
1,115
1,000
796
583
530
515
500
434
401
376
350
321
319
312
304
291
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240
236
233
223
53
0
Cashiers
Registered Nurses
Retail Salespersons
Office Clerks, General
Waiters and Waitresses
Stockers and Order Fillers
Fast Food and Counter Workers
General and Operations Managers
Home Health and Personal Care Aides
Heavy and Tractor-Trailer Truck Drivers
Teaching Assistants, Except Postsecondary
Maintenance and Repair Workers, General
First-Line Supervisors of Retail Sales Workers
Bookkeeping, Accounting, and Auditing Clerks
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Elementary School Teachers, Except Special Education
Laborers and Freight, Stock, and Material Movers, Hand
Farmworkers and Laborers, Crop, Nursery, and Greenhouse
Janitors and Cleaners, Except Maids and Housekeeping Cleaners
First-Line Supervisors of Office and Administrative Support Workers
Secretaries and Administrative Assistants, Except Legal, Medical, and Executive
2021 6.5%7.5%4.8%
2020 8.8%10.2%8.1%
Source: American Community Survey and Bureau of Labor Statistics 2021
2019 5.7%4.2%3.7%
Unemployment Rates
Location NoRTECCaliforniaUS
Average Labor Force
NoRTECParticipation Rate: 49.0%California rate: 61.2%U.S. rate: 61.6%
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2021.3
Emsi
Over 65
Source:
55-64
2025
-
35-54
20-34
Change in the Population: 2015
5-19
Under 5
0
40000300002000010000
-10000-20000-30000
olds
34 are
-
2025
-
64 year
-
NoRTEC
2025
-
Except for 65+, all age groups decreased from 2015 to 2020Out of working age groups, 55dropped the most by 8.57% from 2015 to 2020Residents aged 25Overall, population expected to decrease
about 0.7% from 2015
expected to increase 4.26% by 2020
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UI rates are declining, but partly because people are leaving the
Working age population is shrinking nationally and locallyReservation wage for workers without a college degree has increased $10,000 since 2019Ending of the $300 of Pandemic UI in California
did not have a significant effect on the unemployment rate.workforceUnfilled U.S. positions at a historical high (11 Million)
•••••
out
Want to feel valued and part of a “greater cause.”Want work that align with their values
••
Wages are increasing. Signing BonusesWorkplace culture is very important to younger workersFlexibility with work hours, work location, child care etc.Look at the potential and transferrable
skills of candidatesConsider skills and competencies rather than degrees and experienceAttract candidates rather than weed Automation will likely accelerate
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Employment Program
-
To
-
Workers
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NoRTEC’s PrisonCaregiversOlder
•••
Employers are willing to consider workers with diverse backgroundsEmployers are willing to help employees gain skills and advanceWorkers seeking flexible hours will have more opportunitiesEducation
and training will be increasingly rewarded
••••
Opportunity!
•
Businesses in the same industry working together to address the challenges in their sectorIndustry drives the agendaPartner supported; and Sustainable over timeWorkforce is consistently
the biggest challenge
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Butte County Grow Manufacturing Initiative, NoRTECShasta County GMI, Shasta EDCNew Manufacturing initiative in Nevada County, Nevada County Economic Resource Council
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SMART Workforce Center Rural Healthcare Collaborative in Shasta, Trinity and Siskiyou CountiesAlliance for Workforce Development Rural Healthcare Partnership in Plumas, Lassen and Modoc
Counties
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Gljlwdo Phgld2LW Nevada County Economic Resource Council, NCTECH Connected Communities
Siskiyou County Economic Development Council
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