March 2015



Madera Chamber  
Golf Tournament

 

 

Friday, April 24, 2015

Madera Municipal Golf Course

 

Check In: 12:00 PM - Shot Gun Start 1:00 PM

 Lunch, Range Balls, Golf Cart and Award Celebration included

Cost $100 per player

 

 

Sponsorships also Available

 

Tee Sign Sponsor - $100

Table Sponsor - $50 

Raffle Sponsor - $25

 

CLICK HERE

for Registration & Sponsorship Form    

 

 

Complete Registration Form and payment to:

Madera Chamber of Commerce,  

120 North E. Street, Madera CA 93635

Or Call (559) 673-3563 or email form to tjordan@maderachamber.com 

 

 

 

In This Issue
Chairman's Circle

Citizens Business Bank
     

2015 Senior Farmer
Congratulations  
 2015 Senior Farmer of the Year
 
Ken Leach

Senior Farmer Dinner 

Thursday, March 19, 2015

Madera Municipal Golf Course

23200 Avenue 17, Madera, CA

Social Hour 6:00 pm

Dinner 7:00 pm

Presentation 8:00 pm

If you haven't made your reservations, final date for reservations is March 18, 2015 
Please contact the Chamber office at (559) 673-3563 for reservations.



San Joaquin Valley College Ribbon Cutting
Joe's Mobile Tint
Ribbon Cutting

Keynote Speaker - Larry L. Powell

 

Larry was elected to two terms as Superintendent of Fresno County Schools and served 43 years in education. He was responsible for the fiscal oversight and technical support for 35 School Districts and over 200,000 students.    

Struck with Polio at the age of 15 months in 1949, Larry is an inspiration to everyone he meets. He loves inspiring students and families. He is very active in community and civic groups as well as many professional organizations. Larry has served on 12 non-profit boards and serves as a Member of the Board of Trustees for Fresno Pacific University. In addition, he is on numerous advisory boards for California State University, Fresno.     

He strongly believes that the only things you cannot do are the things you do not attempt. Hard work and determination lead to success. His wife, Dot, is the Executive Director of SALT Fresno and is also a writer of Children's Books. Larry and Dot operate C323 The Powell Project, an effort to bring encouragement and hope to families and individuals who are struggling in life.   

Mr. Powell has a radio feature called, "Good News with Larry Powell" heard five days a week on iHeart Radio. He is a Political Analyst for two local Television Channels, 24 and 47, and a consultant, a minister, motivational speaker, writer, actor, singer, and songwriter. His favorite past-times include: Family, Church, Golf, Music, and Yo-Yos. Larry is affectionately referred to as Reverend Superintendent by his colleagues.
Larry is in great demand as a Motivational and Inspirational speaker and has presented thousands of speeches and seminars up and down the San Joaquin Valley, the State of California, and throughout the United States.

  

Please Click the Links Below for More Information

 

Ticket Information

Sponsorship Information 

Senior Celebration

 

Please call the Madera Chamber Office at 559.673.3563 to purchase tickets or for more information 

 

   

Correcting Underpayment in Paychecks ASAP May Limit Penalties 

Due to an error with our payroll system, one of our employees was accidentally underpaid on the last payday. How can we correct this? Is it acceptable to wait to pay her the amount she is owed on the next paycheck in two weeks?

 

California Labor Code Section 204 requires all earned wages to be paid to an employee no later than the employer's designated payday.

 

When an employer makes a payroll error that results in underpayment of wages, even without intent to wrongfully withhold wages that are due to the employee, a violation of the law has occurred and the employer could be subject to penalties for late payment of wages.

 

Note: One exception to this law is that pay for unscheduled overtime hours may be delayed to the next payday.

 

Pay as Soon as Possible

While there is no way to "undo" the legal violation for the underpayment, the best practice is to immediately pay all wages due to the employee as soon as the error is discovered. This shows a good faith effort to comply with the law, rather than a willful failure to pay wages.

 

Requiring the employee to wait until the next payday two weeks away is more likely to cause the employee to file a claim with the California Labor Commissioner.


Should a claim be filed, the Labor Commissioner's Enforcement Manual states that "(i)f the evidence establishes that a good faith dispute existed or that the violation was not intentional, penalties may not be assessed against the employer."

 

Paying the full amount of the wages as soon as possible after an error is discovered may help to show the error was unintentional and that the employer did its best to correct the mistake immediately.

 

Final Paychecks

It is important to note that if the underpayment occurs on a final paycheck, it is critical to correct the error immediately. With final wages, for every day the employee has to wait for the proper payment, the employer may end up owing waiting time penalties, which are one full day's wages up to a maximum of 30 days. 

 
On-Call Time for Overnight Employees

If you require an employee to be available on an on-call or standby status, that time may qualify as hours worked depending on how much you restrict the employee's ability to actually have free time. Under California law, if the employee is under your control, it's likely that you will have to pay the employee even if he/she is sitting around waiting for something to happen.

 

A recent California Supreme Court case discussed how to handle on-call time when security guards were required to stay overnight on the employer's premises. The case involved CPS Security Solutions, which provides security guards for building construction sites. Part of the guards' day was spent on regular security patrols. Nights were spent at the guards' assigned job site in CPS residential trailers. Guards were required to be on-call, investigate alarms and suspicious activity, respond to disturbances and prevent vandalism and theft.

 

The guards signed on-call agreements with CPS. If a guard wanted to leave the jobsite during on-call hours, the guard had to notify a dispatcher, provide information as to where the guard was going and for how long, and wait for a relief guard. The guard had to remain within a 30-minute radius, carry a pager and respond immediately if called. If no relief guard was available, CPS could order the guard to remain on the premises, even if the guard had an emergency.

 

The guards were allowed to keep personal items in the trailers and generally use on-call time as they wanted. However, adult visitors were permitted only with prior approval, and children, pets and alcohol were not permitted at any time on the premises.

 

During the nighttime shifts, CPS did not compensate the guards for the on-call time, except for time actually worked (responding to disturbances). If a guard spent three or more hours engaged in investigations during the on-call period, the guard would be paid for the entire eight hours.

 

On the weekends, the guards worked 24-hour shifts and were on patrol for 16 hours and on call for eight hours.

 

The guards sued, alleging that the on-call policy violated the Labor Code and Wage Order 4. The California Supreme Court ruled that:

  • The guards were entitled to compensation for all on-call hours spent at their assigned worksites under their employer's control. The Supreme Court agreed with the court of appeal's analysis that compensation was warranted because CPS exercised significant control over the guard's activities during the on-call time. Additionally, the Supreme Court found that "the guards' on-call time was spent primarily for the benefit of CPS."
  • CPS could not exclude eight hours of sleep time from the guard's 24-hour weekend shifts. Here, the Supreme Court reversed the court of appeal. The court of appeal, relying on other cases and federal regulations, ruled that CPS could exclude eight hours of sleep time from the guard's work time when working 24-hour shifts as long as the sleep time was uninterrupted; a comfortable place was provided; and the parties entered into an agreement specifically excluding the sleep period from compensation. The Supreme Court rejected this analysis and the applicability of the federal regulations to California's specific Wage Orders (here, Wage Order 4). The Supreme Court held that Wage Order 4 does not permit the exclusion of sleep time from compensable hours worked in 24-hour shifts.

This case is limited to Wage Order 4; different Wage Orders, such as those applying to ambulance drivers, etc., contain different language allowing for the exclusion of sleep time. This case is also an example of a situation where the employer exhibited significant control over on-call time, with a requirement that employees stay on-premises.

 



      invite you to join them in September on a trip to
 
Sunny Portugal 
Estoril Coast, Alentejo & Algarve
September 18 - 27, 2015


Members of Madera Chamber and Past Passengers   
receive a $100.00 discount off of their trip price!  
   
CLICK HERE for Itinerary
 


Madera District Chamber of Commerce 
559-673-3563 | 120 North E Street Madera, CA 93638

Staff

Debi Bray, President/CEO - dbray@maderachamber.com 

Toni Jordan, Administrative Assistant - tjordan@maderachamber.com
Jennifer Carlson, Membership & Marketing - jcarlson@maderachamber.com

Please contact Jennifer Carlson for advertising information or Click Here for Pricing