November 2012

Volume 2, Number 11

Small Business Owners: Our Economic Heroes

As I write this, the election is still 8 days away. I sit with bated breath to see if our country will continue down the path of the past four years with an emphasis on big government or if the American spirit will once again rise up and encourage the rugged individualism that has made our country great.

More importantly, I want to see our small business owners be able to expand and be regarded as who they really are, our economic heroes. After all, they produce over half of all the private sector jobs.

They are the people taking the risks to follow a dream and offer opportunities to others to better their own lives. But instead of being celebrated, lately they have been disparaged as greedy and no smarter or harder working than others. I beg to differ.

Think about a person who wants to start his own business. He’s either tired of working for someone else or just wants a change in his life. More importantly, he has a dream and since he lives in America, he thinks that dream can come true.

If he goes about it the right way, he’ll do his due diligence with a business plan, market analysis and research. Those who skip this step quickly fall by the wayside.

He then must obtain the permits, licenses, inventory, equipment, property, insurance – the minimum requirements to get started. Hopefully this will go smoothly, probably not. The extent of the rules and regulations at this point could make him realize it’s not worth it.

For those who persevere, the biggest decision must be made – what type of small business owner will they be - those who will run a one man show or those who will hire employees? The first have an easier road to success, the second will meet their worst enemy – the 5 inch thick labor law code book.

Because as soon as a business man hires his first employee, the law requires that the owner’s top priority must not be profits, but to provide for the comfort of his worker. The government dictates that the employee is paid first and on time and at a wage often determined by Sacramento, not the business owner. The worker must work only the hours deigned acceptable by the legislators and he must be treated in a certain way.

And if the employee is unhappy, the government provides venues for his grievances that start with the assumption

that the employer is wrong.

Of course, the boss works innumerable hours and probably doesn’t take personal income for months or a year. That is the risk he takes when starting his own business. This has been traditional throughout history – you take the risk for a greater reward.

It just seems that during the past decades, his lot in life has grown much harder. The way of thinking in this country has been to denigrate any business that makes a profit. This doesn’t hold true for rich employees – they are hailed and respected. Just look at Hollywood celebrities and athletes. Yes, they are part of the American dream but the companies that pay their high salaries are despised.

This attitude of hating business seemed to increase during the Clinton years and was on display during the Occupy movement. Class envy has been emphasized where employees are lectured that they are poor only because their bosses are rich. How dare their boss own a better car than his employees.

This accompanied a rash of government regulations that enhanced the workplace for the employee but further eats into the owners’ profits. Minimum wage hikes, the living wage, paid family medical leave and onerous OSHA regulations are added employer burdens. Many companies cover these areas voluntarily and don’t need mandates but that’s not good enough for big government. It has to do its power play. .

The upcoming Affordable Care Act is a case in point. Health coverage has always been a voluntary benefit provided when a company decides it’s affordable. With the upcoming mandates, it has become an employee right imposed on companies that can’t afford it. This is another erosion in the small business owner’s freedoms.

Every year, government creates new regulations – over 1800 were proposed in California alone with 700 signed by the governor. It is physically impossible for business owners to know of all the rules and regulations so they are considered law breakers everyday. To make matters worse, the enforcement of these regulations has grown even more punitive, some extending to threatened jail terms.

The class envy distortions supported by government mandates has created an attitude among some employees of entitlements in the workplace that has

turned the employer/employee relationship on its head. Rather than appreciating the opportunity to have a job, some workers want the boss to be grateful they even show up at work at all.

One of the main complaints among business owners is finding good employees. This falls on all income levels from the minimum wage worker who doesn’t show up to the MBA graduate who thinks he should start at $100,000 a year with a corner office. The first feels like a victim, the second feels like royalty. They both hurt the small business.

A small business owner has to walk a fine line to find the best people to help his company succeed. He has to offer the most appropriate wage and benefits and trust that the employee has the same goals as he does. Usually it works out well. Sometimes it doesn’t and he has to start all over.

Despite these roadblocks and challenges, the entrepreneurial spirit carries on. I see it in our Clovis Chamber members who have had to adjust to the economy and realign their priorities. Many are still carrying on pursuing their dreams. Others haven’t.

I especially enjoy seeing recently laid off employees who take the plunge to start their own businesses. I love hearing their enthusiasm and plans with the expectation of success. Of course, the really smart ones join the Chamber and take advantage of our many networking programs. To hear them talk about the new leads and customers they have gotten from our events makes my job even more satisfying.

To make their future more secure, we need one more thing. We need a new direction from Washington that values business. It has been sorely lacking over the past four years. I’ve done my part by voting so all I can do is to hope the rest of America realizes the need for a new fiscal approach.

Hopefully, I’ll be very happy on November 7th.

Mark BlackneyCEO/PresidentClovis Chamberof Commerce

Hooked on Books Expands to New SchoolsBy Rod Geist, Immediate Past Chair

By now you have probably heard of the Hooked on Books program that the Chamber started last year. So far we have donated over 1,000 new books to the students at Sierra Vista and Weldon elementary schools. Both book distributions were a huge success and we put smiles on a thousand little faces. A first grade class at Weldon painted pictures for us and wrote thank you notes. One child wrote “I am so happy to have a book to read this summer.”

The Chamber Gives Back committee has decided to expand Hooked on Books to other schools. Our next distribution is

schedule for Temperance-Kutner the day before the winter holiday. Located in southeast Fresno at the corner of Fowler and Olive, this school is in an economically depressed part of town. When we approached the principal with our plan she was overwhelmed. She said that “for some of these kids this book will be the only Christmas gift they will receive.” Breaks your heart, doesn’t it.

You can become a part of this project by “donating” a book. A donation of $5.00 will purchase one book. You will have the opportunity to sign the book so the child will know exactly who gave it to them. Or

your business can make a tax-deductible donation. $100 will purchase 20 books and make a real difference in the life of the children who receive them.

As the Chamber Gives Back program continues to grow you will hear about other projects, other ways for you to give back to the community. Sharing what we have with those who have much less is a way to add significant value to what we do and who we are and, I believe, will reap benefits for us in the future.

Please join us in giving back!

InsiderChamber

Thank Youto our Sponsors

Clov

is C

ham

ber o

f Com

mer

ce32

5 Po

llask

y Av

enue

Clov

is C

A, 9

3612

A PublicAtion of the clovis chAmber of commerce

Message fromCEO/President

Clovis Chamber of Commerce325 Pollasky

Clovis, CA 93612299-7363 · Fax 299-2969www.clovischamber.com

EXECUTIVE COMMITTEERick Snow · Board Chair

Snowflake DesignsRod Geist · Past Chair

Central Valley Community BankKen May · Chair Elect

ClovisPACRandy Baer · Vice Chair Facilities

Schneider ElectricShelly D’Arcy

Vice Chair, Chamber Gives BackKaiser Permanente

Gina EstradaVice Chair, Fundraising

AXA EquitableEllie Huston

Vice Chair, MembershipNick Maxwell

Vice Chair, FinanceEdward Jones Investments

Jay PetersonVice Chair, Marketing

The Geeks Computer ServiceThom Richardson

Vice Chair, Legislative IssuesSunrise Displays

BOARD OF DIRECTORSRon Barsamian

Barsamain & Moody Professional Corp.Alex ContrerasDonaghy Sales Karena Dillon

Baker Dillon GroupEd Flores

Century 21/M&M & AssociatesBob Hall

Harlan Consulting & MarketingNykole HibbsDinner MyWayPaul Hinkle

Kellner PropertiesGary Honeycutt

BJ’s Kountry KitchenCynthia Jones

Hilton Garden InnClaudia MoorefieldSee’s Candies, Inc.

G reg NewmanLand Value/Sierra Vista Mall

Paul Spraetz, Sr. Farmers Insurance Group

STAFFMark Blackney · President CEO

Beth Bridges · Membership DirectorFran Blackney · Business Advocate, Communications Director, Newsletter

EditorTammi Walton · Events Director

Susana Peckinpah · Office ManagerShirley Bundros · Membership

Clovis Area Brokers Christmas BreakfastThe annual Clovis Area Brokers

Traditional Christmas Breakfast will be held on Thursday, December 13th at the Classic Catering Banquet Hall in Old Town.

This holiday gathering is filled with lots of fun, music, inspiration and most importantly, networking. Guest Speaker is once again Pastor Steve Davidson of

Clovis Hills Community Church.

Donate a holiday center piece and bring money for the raffle. All proceeds benefit the Clovis Boys & Girls Club.

Admission is only $10 each. If you’re already working in the realty industry or are interested in joining it, you’re encouraged to attend.

All tickets must be purchased in advance from the Clovis Chamber or the breakfast sponsors – Century 21, M&M Associates; SendOut Cards; Jimenez Construction; Ken Garcia Property Inspections; Kellner Properties; Keller Williams Realty; Mission Hills Mortgage Bankers; Primary Residential Mortgage, Inc; and W.J. Bradley.

The Clovis 2012 Snackdown MixerClovis Chamber members are in for

a treat at the next Chamber mixer. Join us at the Institute of Technology, Inc. – Clovis Campus on November 14th for the Clovis 2012 Snackdown. You’ll taste great hors d’ouevres created by the

students at the new Culinary Annex and then vote for the best.

Meanwhile you’ll be enjoying great networking, meeting new people and learning about the training and educational

opportunities available.

The event is free to Clovis Chamber members who are encouraged to bring potential new members.

2 - www.clovischamber.com

About this publication...Chamber Insider is the official

monthly publication of the Clovis Chamber of Commerce, 325 Pollasky, Clovis, CA 93612, (559) 299-7363. Reproduction by any means of the entire contents or any portion of this publication without written permission is prohibited.

The appearance of any advertisements in this publication does not constitute support or endorsement for any product, person, cause, business or organization named therein, unless specifically noted otherwise in the advertisement.

Two New Discrimination Laws Mean Changes for Policies, Posters

From the CaliforniaChamber of Commerce

(October 19, 2012) Employers will need to change notices, postings and employee handbook policies related to discrimination and harassment prevention to reflect two recently signed bills, AB 1964 and AB 2386.

Religious Dress/Grooming

AB 1964 amends Government Code sections 12926 and 12940 and clarifies that the Fair Employment and Housing Act’s (FEHA) discrimination protections and reasonable accommodation requirements cover religious dress practices and religious grooming practices.

As stated in the analysis of the bill, the intent is to “provide clarity and ensure that all religions receive equal protection under the law.” The added language states:

“Religious dress practice” is construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts and any other item that is part of the observance by an individual of his or her religious creed.

“Religious grooming practice” is also to be construed broadly and includes all

forms of head, facial and body hair that are part of the observance by an individual of his or her religious creed.

Importantly, the law specifies that an accommodation is “not reasonable” if the accommodation requires segregation of the individual from other employees or the public.

Employers are required to make reasonable accommodations unless an accommodation is an undue hardship. The amended statute clarifies that the “undue hardship” definition that applies to other types of discrimination, also applies to religious discrimination.

Breast Feeding

AB 2386 amends California Government Code Section 12926 and makes it clear that breast feeding is protected by law and discrimination on that basis is illegal.

The new legislation was enacted, in part, to reflect a decision by the Fair Employment and Housing Commission (FEHC) in 2009 in which an employee was terminated because she was nursing her baby during her lunchtime break.

The FEHC’s decision was designated as having precedential authority, thus such discrimination is a violation of FEHA.

The amended Government Code definition of “sex” includes, but is not limited to:

• Pregnancy or medical conditions related to pregnancy.

• Childbirth or medical conditions related to childbirth.

• Breastfeeding or medical conditions related to childbirth.

The rest of the definition of “sex” remains unchanged:

“Sex” also includes a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.

Updated Poster/Software

The California Chamber of Commerce 2013 California and Federal Employment Notices Poster and Employee Handbook Software will include changes to policies and posters as a result of AB 1964 and AB 2386.

Good News From Clovis Chamber MembersOnce again, Clovis Chamber

members have lots of Good News to share.

AD-Venture Video Productions is happy to announce that they’ve added Ben Sager to their staff. Their search proved that Fresno has incredible talent. See some of their work at www.EditBay.TV. Details: 251-5747

The Clovis Rotary Club is proud to introduce its latest new club members. Linda Coleman, Riley Kane and Mark Blackney, CEO of the Clovis Chamber. Clovis Rotary has been serving the Clovis community since 1961. For information regarding club programs and membership contact President Nick Maxwell at 322-8197

It’s good news time at the Fresno Airport Courtyard by Marriott Hotel. They are happy to announce that they are under new ownership. They have several Marriott Brands among other hotel chains and are currently working on plans to renovate the hotel this winter. Details: 251-5200

Kaiser Permanente Fresno continues to receive accolades for its service

• It was named one of the nation’s “Top Performers on Key Quality Measures” by The Joint Commission, the leading accreditor of health care organizations. Kaiser was honored for its exemplary performance in using evidence-based clinical processes that are shown to improve care and patient outcomes for heart attack, heart failure, pneumonia and surgical care

• For the second year, Kaiser’s Medicare Plans parts C and D got a 5-star rating, the highest rating possible from the Centers for Medicare & Medicaid Services. This was the only 5-star rating awarded in California

• The American Heart Association/American Stroke Association’s Get with The Guidelines program which provides hospitals with care guidelines in hopes of better outcomes for stroke patients awarded Kaiser its Silver Quality Achievement Award. Kaiser was acknowledged for complying with treatment guidelines at an 85% compliance level.

San Joaquin College of Law is pleased to announce the selection of Jessica Smith Bobadilla as a fulltime professor and Legal Director of the New American Legal Clinic. With the addition of Bobadilla, SJCL’s fulltime faculty expands to ten

members, along with more than 40 adjunct professors. Details: 323-2100

Equestrian Dreamz is finally open. They had a great Grand Opening and thank the Clovis Chamber for all its support. Call them at 797-4488

Both of the Clovis locations of GNC, General Nutrition Centers, will be accepting donations for the Thank and Giving Campaign for St. Jude Children Research Hospital starting Friday, October 26th. Last year, along with four other GNC locations, they reached over $5000. Anyone interested in donating can stop by the Herndon and Willow stores or the one in the Sierra Vista Mall.

Birdy’s Families in Motion is excited to announce that Erin has become a Certified Dancing for Birth Instructor. Dancing for Birth is a combination of Bellydance, African and Latin dance moves all geared toward getting your body physically and menbtally prepared for childbirth. Details: 765-0299

The Perfect Vacation tells us that they are opening a seasonal gift shop in their

Good News, continued on page 3

Goodnews!Continued from page 2

agency in Old Town for the holidays. It will officially debut on Thursday, November 15th that is the date of One Enchanted Evening, however, it is already set up if you want to come in early to find gourmet chocolates, coffee and other tasty food items. Also baskets, Christmas ornaments, holiday décor and similar items.

Rick and LaDonna Snow of Snowflake

Designs have some exciting news. LaDonna, president, is a graduate of the SBA’s E200 program. The class was a 6 month project on learning to grow your business. The success of the USA Olympic Gymnastics teams has led to high interest in gymnastics that equates to more business for Snowflake Designs. They have set new sales records the past two months and have new employees to help with the increased

workload. They welcome Joan Garcia, Katelyn Day, Caitlin Colitto, Pa Xiong and A.y Saavedra to their team.

Jimenez Construction is happy to announce the addition of Sean Severance to the company as a Field Tech. He will help provide service for the variety of remodel projects that are currently filing their schedule. They now employ 3 full time production crew members and 1 part time employee, Ulysses Maravila who is also a student in Fresno State’s Construction Management program. Details: 472-7322

Assisted Transition Senior Placement Service has opened its new office in Fresno at 8050 N. Palm Ave., Suite 300. It has expanded its list of assisted living facilities in the Fresno/Clovis area and is ready to help all seniors with their placement needs. Contact David Moos at 797-1406

Alert-O-Lite Inc & Signmax are pleased to announce the following new team members: Rick Rose, Sr. Vice President of Operations and Veronica Fernandez as Controller. They also congratulate Michael Swain for his promotion to CFO. Details: 453-2474

Betsy Sandoval, Farmers Insurance agent in Clovis, is celebrating her 25th Anniversary in the business this month. Congratulations.

RJ Miller Construction recently completed an extensive 3 story exterior renovation at Fig Garden Village on the corner of Palm and Shaw. Details: 233-1600

Kathy Sisk Enterprises (KSE) had an outstanding month. First off, Butler Web and Design, a division of KSE, received a ton of references and networked with a lot of reputable business professionals at the Clovis Chamber’s Clovis Advantage Trade Show. The winner of a free 5 page customized website created by their skilled designers was Dr. Jack Oberti, DDS. They are growing and are looking for a full-time onsite sales representative. Send your resume to alaine@kathysiskenterprises.com.

Artco Web Development tells us of their successful completion of several new projects including new web sites

for Rebound Physical Therapy and Community Alliance for Neighborhood Sustainability, Inc. as well as a full site redesign for Ken Jorgensen, Attorney at Law. Details: 322-0999

United Valley announces that Kathy Peart has been promoted from Associate Account Manager to Account Manager. She has been working in the insurance industry for over 10 years and is a Fresno State graduate. Details: 256-2567

Meet the two new Medical Assisting Career Services Advisors at the Institute of Technology. Stephanie Hubbard comes from Sierra Pacific Orthopedic and will be working in the Medical Billing and Coding area helping graduates with their new careers. Theresa McGee has been promoted to the Career Services Team where she’ll be assisting new graduates in the Medical Billing Code and Office Administration areas. She has worked at IOT for three years. Details: 326-1805

MVP Insurance agency announces that Steve Mahlum, Steve Barserian, Brian Maumoynier and Kelly Brown have all received their BizAssure Business Solutions certification. This adds yet another value added service that MVP has to offer to help better serve the Clovis Business community with its legal and compliance issues. Details: 324-7333

Digital Attic has launched the new World Ag Expo web site, one of six new web sites for the International Agri-Center using Digital Attic’s exclusive Content Distribution System. The innovative system allows clients to easily manage multiple web sites through a single portal. Details: 324-9341

At The Pines Resort, their Mountain Chalets have been newly redecorated with fresh paint, carpeting, sofa sleepers, draperies, kitchenware and comfy beds with inviting new linens. They added a lakefront 5-bedroom rental house for group retreats or family vacations with deluxe furnishings, fireplace, huge outdoor deck and prime lake access. They’ve also added banquet space at the Tennis Club Room, ideal for corporate meetings or small group receptions. Details: 642-3121

www.clovischamber.com - 3

Clovis Advantage Trade Show Created New Customers,

Willems Commercial Printing Wins Logo Contest

Dozens of Clovis Chamber members gathered in the Veterans Memorial Building for the Clovis Advantage Trade Show on October 3rd. Visitors spent time talking with local businesses who gained new customers and leads. Food samples from Freebirds Burritos, Dinner MyWay, Marie Callendars and Toledos sated their hunger.

Butler Web Design reported that they “received a TON of references and networked with a lot of reputable business professionals in the Central Valley.” MVP Insurance also commented on the number of contacts it made.

Gold Sponsor PGE spoke to a lot of people about the upcoming rate changes and the other Gold Sponsor, ADT, enjoyed their prime location.

Prior to the event, the Chamber held a contest to design a new logo for the Clovis Advantage. Chamber member Willems Commercial Printing’s design was chosen.

Willems Commercial Printing, Inc. formed in 2007 by Lenee and Terry Willems, is family owned and operated. Willems is a certified Small Business (SB) and a certified Woman Owned Business. It specializes in printing newspapers, tabloids, catalogs and magazines. It includes on demand digital printing as well as other specialty printing and bulk mailing. It has 2 graphic artists in house to serve your needs.

Plans are already in the works for the next Clovis Advantage Trade Show on March 5th.

Berryhill and Halderman Continue to Support Businesses in California

By Fran BlackneyBusiness Advocate

The Clovis Chamber works with the California Chamber of Commerce that is extremely active in advocating for business in Sacramento. Each week, we take part in the Cal Chamber conference call that reviews the status of legislation before the legislators.

This year they were busy with over 1,800 bills being considered. Fortunately, many die off quickly saving taxpayers wasted money over some considered frivolous. However, there are too often those that are not frivolous and are, in fact, quite serious especially for business.

The Cal Chamber cited 7 major bills of 2012

• AB 2346 – Burdensome requirements for farmers in regards to heat illness regulations that would have raised the price of food. Designated as a Job Killer. Vetoed by the governor

• SB 1186 – ADA Reform. Much needed reform that stops abusive lawsuits against business by banning pre-litigation, monetary demand letters. Passed

• SB 1528 – Inflates litigation and insurance costs since it allows injured parties to receive damage awards in personal injury suits for expenses never actually incurred. Failed in Assembly

• AB 1186 – Illegal Tax Increase and increase in fuel and energy costs related to AB32. Designated as Job Killer. Vetoed by the governor

• AB 2408 – Eliminate the Net Operating Loss Carryover for small business. Failed in Senate

• AB 1687 – Increase Workers’ Compensation Attorneys’ Fees. Designated as a Job Killer. Vetoed by the governor

• SB 863 – Workers Compensation System Reform that by streamlining and

lowering system costs. Supported by the Chamber and signed by the governor

The way the Valley constituents’ voices are heard in Sacramento is through our elected representatives. Once again, we are fortunate to have two people who passionately believe in small business when voting on these issues. State Senator Tom Berryhill (R) and Assembly person Dr. Linda Halderman (R) have done a terrific job through their votes.

On the chart, votes noted in bold print agree with the Cal Chamber while those not in bold print disagree. As you can see, Tom Berryhill agreed with the Cal Chamber on every vote he cast. Dr. Halderman disagreed on only one, that was still signed by the governor.

Although representing the minority party that supports business, both legislators have kept to their core values and have been consistent in their views.

The Clovis Chamber appreciates their hard work.

Social Network withthe Clovis Chamber!

Follow us on: Twitter, Facebook and LinkedIn www.facebook.com/ClovisChamber

twitter.com/clovischamberwww.linkedin.com/in/bethbridges

4 - www.clovischamber.com

Job Search Expenses Can Be Tax Deductible

Autumn is the season that often leads to major life decisions, such as buying a home, moving or a job change. If you are looking for a new job that is in the same line of work, you may be able to deduct some of your job-hunting expenses on your federal income tax return.

To qualify for a deduction, your expenses must be spent on a job search in your current occupation. You may not deduct expenses you incur while looking for a job in a new occupation. The following are examples of deductible expenses:

• Employment and outplacement agency fees you pay while looking for a job in your present occupation. If your employer pays you back in a later year for employment agency fees, you must include the amount you received, up to the amount of your tax benefit in the earlier year, in your gross income.

• Fees for career counseling• Resume preparation costs, such as

typing, printing and mailing.• If you travel to look for a new job in

your present occupation, you may be able to deduct travel expenses to and from the area to which you traveled. You can only deduct the travel expenses if the trip is primarily to look for a new job. The amount of time you spend on personal activity unrelated to your job search compared to the amount of time you spend looking for work is important in determining whether the trip is primarily personal or is primarily to look for a new job. Thus, it is advisable to keep a contemporaneous log of your activities during the trip, as well as receipts for your expenses.

You cannot deduct your job search expenses if there was a substantial break between the end of your last job and the

time you began looking for a new one or if you are looking for a job for the first time.

To deduct job search expenses, you must itemize your deductions. If you use the standard deduction, you get no benefits from job search expenses. The deduction is also part of your miscellaneous itemized deductions, which are allowed only to the extent they exceed 2% of your adjusted gross income. So, depending upon whether you have other miscellaneous deductions, the job search expenses may be further limited. Miscellaneous itemized deductions are not allowed at all if you are taxed by the alternative minimum tax (AMT), so to the extent you are taxed by the AMT you receive no benefit from job-seeking expenses.

If you have questions related to job-seeking expenses or how they fit into your taxes, please give this office a call at (559) 326-2029 or email to tmstevenscpa@sbcglobal.net.

www.clovischamber.com - 5

Thank You to these renewing members - November 2012

21 - 30 Years

Computer Age Consulting...............................10/8/92Ponderosa Hearth and Home/The Sweeps.......11/17/89Fiberglass Repairs Unlimited, Inc.....................11/9/89Wild Water Adventures.....................................7/6/89Ellie Huston......................................................1/1/89Sierra Vista Mall.............................................9/23/87Clovis Urgent Care Medical Center.................10/21/83 11 - 20 Years

United Carpet One..........................................10/4/01Wawona Frozen Foods.....................................8/28/01A-1 Ray’s Air Conditioning and Heating..........12/1/00Clovis Pet Hospital........................................10/24/00Derrel’s Mini Storage, Inc............................10/24/00A & S Pump Service..........................................10/6/00Dedekian, George, Small & Markarian............10/8/99

Harbour & Associates.....................................10/8/99Greg’s Bookkeeping & Tax Service..................8/31/99M & N Minuteman Press..................................10/9/98Anlin Industries...............................................10/9/98Clovis Botanical Garden..................................10/8/98Michael J. Madrigal, DDS..............................10/7/98Peg Bos..........................................................10/8/97John Rocha Custom Tractor Service, Inc..........7/29/97FedEx Office - Clovis........................................4/1/96Save Mart #98................................................8/12/93 6 - 10 Years

Facelogic Spa.................................................9/15/06Derrel’s Mini Storage, Inc..............................6/16/06Fresno Association of Realtors.......................10/24/05Courtyard by Marriott.....................................7/25/05Derrel’s Mini Storage, Inc..............................7/11/05Peace Lutheran Church.................................11/30/04

Major General Ron Markarian.........................9/29/04Fresno Chaffee Zoo..........................................8/6/02

2 - 5 Years

Sandollar Limited - Alt IT Solutions...................8/2/10Marie Callender’s Restaurant & Bakery...........8/27/09Piccadilly Inn Shaw........................................8/20/08Dental Group of Clovis.................................. 7/29/08Tuff Shed........................................................6/13/08TM Spaulding, Inc......................................... 4/17/08AAA Cooling & Heating...............................10/24/07Organized by Choice.....................................10/11/07Two Cities Marathon and Half.......................8/23/07Dinner MyWay..................................................8/3/07 1 Year

Hemb Law Group..........................................10/20/11

Assisted TransitionSenior Living & Care Finders

Phone: (559) 797-14068050 N Palm Ave. Suite#300

Fresno, CA 93711

Samuel C. Rombaoa, DDS, Inc.Phone: (559) 227-5309

2744 N 6th StreetFresno, CA 93703

Thompson PTPhone: (855) 781-7758

585 W Nees Ave Suite #115Fresno, CA 93711

Welcome to our Newest Members!

Portable Computing Devices – The Wage & Hour Bermuda Triangle

By, Mr. Fred Mora, III, MA, Human Resources Consortium, Inc.www.hrconsortium.net

We obviously live in an age in which portable computing devices, such as cell phones, smartphones, digital phones, iPads®, and laptops are a means of doing business today. These devices also make it possible for employees to work offsite, 24 x 7 x 365. However, these devices have opened up the potential for significant legal exposure for wage and hour claims for businesses.

When non-exempt employees – those who are entitled to earn overtime wages – work away from their customary worksite, hours worked, including overtime, may not be documented or recorded. As a result, the employer may be unaware of these hours worked and such hours, including overtime are not paid to the employee in violation of applicable wage and hour laws.

Non-exempt employees who check their email after hours, call customers or clients, schedule appointments, or work on documents, reports, projects or any other job-related activities from home may be entitled to compensation, including overtime.

For exempt employees, this may not be much of a concern as exempt employees are not entitled to the receiving of overtime. However, if an exempt employee decides to engage in some form of work during a workweek in which they are not scheduled to work, then the employee may have obligated the employer to compensate them their regular weekly salary for that workweek, regardless of how many hours they worked. In accordance with California Department of Labor Standards Enforcement Policy, if an exempt employee performs any work within the workweek, they are entitled to their full weekly salary. However, no salary need be paid to an exempt employee when no

work is performed within the workweek (full week).

One of the best methods to control your company’s liability is to adopt a clear and comprehensive portable computing device policy which includes a provision which requires employees to obtain written authorization before using their handheld computers or other portable computing devices outside of their usual work hours or schedule.

The policy should clearly define the company’s position involving the working of overtime in relation to the use of portable computing devices after hours, such as having such overtime approved in writing, in advance. If the employee feels that they need a personal computing device to perform their job, the company should state that such requests must be submitted to their manager or human resources to determine if the employee is eligible for a company-issued device.

As reported in The National Law Journal, management lawyers are starting to advise clients to take steps to avoid lawsuits associated with employee use of personal computing devices (particularly BlackBerry and iPhone), such as giving company-issued portable computing devices only to exempt employees and requiring employees to get permission before using them outside of their regular work hours. – Tresa Baldas, “BlackBerry Clicks Can Up Company Costs,” The National Law Journal, April 28, 2008.

Lastly, make sure that employees sign an acknowledgment form stating that they have had the portable computing device policy reviewed, as well as a copy of the policy provided to them. Insert signed copies of the acknowledgement form into the employee file.

I hope you found this article helpful. The Human Resources Consortium is a professional outsource HR Company which offers valuable, cost-effective HR

training, consultation, and services to local businesses. Please let us know if we can be of assistance to your business.

6 - www.clovischamber.com

Are You Kidding Me?By Fran BlackneyBusiness Advocate

Well the silly season is in full swing and no, I’m not talking about campaign commercials.

New York’s Trinity Church has had to cancel its annual Halloween carnival for over 1,000 underprivileged kids. Not because of the economy or political correctness. It’s because of the Occupy people camping out in front of the church doing civil things like blowing an air horn in the ear of a church maintenance worker and leaving trash and filth everywhere that the church has to clean twice daily. These lovely folks feel entitled to camp there since it’s a public sidewalk and have no concern how it affects others. Such giving people.

If you travel on Walnut and Yale Avenues in Irvine, you may soon see a memorial set up for some recent crash victims. No, it’s not for a mother, sister or brother. It’s for 1,000 fish that died when the truck carrying them to market crashed and the oxygen was turned off. In its letter requesting the memorial, PETA wrote, “Research tells us that fish use tools, tell time, sing, and have impressive long-term memories and complex social structures, yet fish used for food are routinely crushed, impaled, cut open and gutted, all while still conscious. Sparing them from being tossed from a speeding truck and slowly dying from injuries and suffocating seems the least that we can do”. I hope all you fishermen are hanging your heads in shame.

You saw this one coming – In Davis, CA, school officials at Emerson Junior High School have cancelled the stage production of, A Christmas Carol. You know why – the word Christmas. Never mind that there is no religion in the play, it’s based on redemption, they couldn’t have the nasty “C” word uttered near the kids. Also, the performances fell during Hanukkah. The cancellation e-mail cited, “concerns about the inclusiveness of material, and the desire of the district to respect the cultures of everyone. Another point that was discussed was the power of words and the impact they can have”. At one point, the drama director asked the publishing company if they could change the word “Christmas” in the title. They said “no”. To be consistent, the district should then cancel Christmas vacation and make sure everybody shows up at school on December 25th.

While our kids in America are complaining about the lousy food served in school cafeterias, in Sweden they have the opposite problem A beloved chef at one school has been told to quit making such good tasting food because it “was unfair that students at other schools didn’t have access to the unusually tasty offerings.” She’s not making junk food. She provides freshly baked bread and a wide assortment of fruits, vegetables and proteins prepared

in special ways. Officials say that her students have become spoiled and her fresh baked bread will be replaced with store bought bread. Typical government – rather than elevate the other schools with better food, they have to bring down the successful school offerings.

So the administration takes great pride in its subsidies to green energy companies but we all know how that’s worked out. Here’s another one. $17 million was given to a Norwegian electric car company to open a plant in Elkhart, NV. There they would build the Think City electric car that was basically a large golf cart that cost $42,000. In their haste to redistribute our wealth, the government overlooked the fact that the company had filed bankruptcy three times and had a dubious past. Like Solyndra, it’s now gone because smart buyers know that it’s not such a great deal.

Meanwhile, workers at another plant that received $150 million of Stimulus cash play cards and board games, read magazines and watch movies all day because there are no orders for their lithium-ion batteries for the electric cars that nobody is buying. When President Obama visited the LG Chem plant in 2010, he said, “You are leading the way in showing how manufacturing jobs are coming right back here to the United States of America.”. Where can I sign up?

Poor Myika Darbeau, 25, of Greenwich Village is suing Rayon McIntosh for using “unnecessary, excessive and unlawful force” in an incident that occurred at a McDonalds in 2011. It seems that McIntosh, a burger-flipper at the restaurant, hit her on the head with a heavy duty grill scraper that caused a concussion. Sounds like a cut and dry case. But wait – when the judge saw the video tape, the charges were dismissed. It seems that dear Myika and her friend Rachel Edwards jumped over the counter and started the fight. McIntosh swung in self-defense. He was released and the two women pled guilty to assault. Blasted tape will get you every time.

Have you heard about the shark attacks off the coast of Massachusetts? Seems like the snooty set is getting upset that their precious beaches are now off limits. Of course, they don’t want to hear why this has happened. You can thank the dear environmentalists, again. Thanks to the federally protected status of the Marine Mammal Protection Act, seals are now a protected species. Well, seals are also a gourmet feast for sharks. More seals, more sharks, more attacks on humans. Mother

Nature hard at work.

You of the World War II generation are going to hate this one. Remember the iconic picture of the sailor kissing the nurse on Times Square to celebrate the end of the war? According to a feminist blogger, it should be considered the glorification of sexual assault. Forget that although strangers to each other, the two participants saw nothing wrong with it. But that doesn’t matter to a nattering feminist. To her, it is perfectly obvious that it was assault. “If there is a better symbol for how messed up our ideas about sex and romance are, I can’t think of one. The unwillingness to recognize a problem here is not surprising considering the rape culture in whish we live.” I often wonder what it’s like to always be outraged like this feminist. What an unhappy human she must be.

You can no longer argue that unions aren’t there to protect lousy teachers. In the Bay City Schools in Michigan, the punishment for drug and alcohol abuses by teachers are much more lenient than for students. Employees have to be caught drinking on the job five times, under the influence of drugs three times and selling drugs to students twice before they are fired. Students, however, get mandatory multi-day suspensions on the first offense. School code requires the police be notified about student misconduct but not teacher misconduct. When will the public wake up and see the corruption going on in our public schools?

If you are a new student at the University of North Carolina at Chapel Hill, you are no longer considered a “freshman”. You are a “first timer”. You know why – there are women first timers there and “freshmen” is not gender inclusive. Should we be worried about the word “human”?

Uh oh. Owners of strip clubs in New York are up a creek. A court just decided that lap and pole dances are not art and are therefore taxable. How terrible. The judges had the gall to determine that those dances are not “dramatic or musical performances” and don’t promote culture in a community the way ballet and other artistic endeavors do. Well, they do promote a “culture” but not necessarily a good one.

Minnesota schools will close for two days for a conference organized by their union. No big deal, right? Wait until you hear why. One area covered will be “Using persona dolls to promote social emotional intelligence and acceptance of diversity”.

Persona dolls are lifelike dolls with personalities where the students can use to create stories. “The dolls become members of your classroom community and children learn by empathizing with the dolls and giving them heartfelt advice on the same kinds of situations they struggle with daily in the classroom and on the playground.” The conference will also educate teachers on how to teach about Islam in the context of social studies and world religion. Once again, our kids will graduate feeling good about themselves but unable to read, write or do math. Great for the working world.

A TV station in Indiana was lamenting about the lack of good education in their schools. They’d better check out their own personnel. The title of the segment was “School Two Easy for Kids”. Bet not many people noticed the error.

Another assault to report. A 5’10”, 220 pound former football player, now teacher, was assaulted in April by a vile antagonist. His ankle was broken and his knee injured. He’s had surgery and has been on leave since then and is suing the school. He has been traumatized since the incident. Who did this to him? The assailant was a 50 pound first grader named Rodrigo Carpio. Rodrigo was acting up in the hallway so the teacher grabbed him by the arms and the kid kicked him. I don’t know whether to be angry at the teacher or feel sorry for him for being taken out by a first grader.

Oooops. A New Orleans prosecutor checked his pocket while entering court when a joint fell out. It was the easiest drug bust for the two cops standing nearby. The offender’s wife wants people to forgive him probably because he had to resign and is now out of work. Oh well, you play, you pay.

Once again we have a crazy criminal. A 90 year old, body-building World War II veteran is being sued by the man who invaded his house and shot him in the face. To defend himself, the victim shot back three times and wounded the man. The burglar then took the gun away, held it to the old man’s head and pulled the trigger. The gun was empty. Nevertheless, the invader is suing because his injuries “led to his financial ruin, the loss of his home and the eventual dissolution of his marriage.” The case is pending.

Next month’s column is almost already completed. That’s because Senator Tom Coburn just released his annual Government Waste Book that contains lots of good and angering material for this column Stay tuned.

$2499FREEFREEFREEFREE

PERROOMLIMITED TIMEOFFER2 RM MINIMUM • 200 SQ. FT.

• Estimates

• Pre-Conditioning

• Deodorizing

• Fiber Rinse

Carpet, Ceramic Tile, Aggregate,Upholstery Cleaning

Scotchgard ProtectionPet Odor Removal

ASK FOR RUSS TO RECEIVE SPECIAL

AFFORDABLECARPET

CARE

(559

) 994-2581

www.clovischamber.com - 7

8 - www.clovischamber.com