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Our vision is to have a positive image in the market place with our consumers, industry and government and create an environment where all stakeholders benefit from our collective efforts.

Monthly Update ALERT! February 2019

President's Message
Date: February  4, 2019 
RE: CalABC President's message
Good day to you all and welcome to 2019!

The first Bureau of Automotive Repair Advisory Group Meeting held on January 17th, 2019 is in the books. We think you’ll find valuable information in Johan Gallo’s recap of the meeting and the handout attachments.

Some of the BAR statistics provided from the previous year may astound you!
Different departments at BAR gave a presentation and nothing got my attention more than when Michelle Oberg the Training Manager spoke about the training the field staff was receiving that included “forensic photography” training by a professional photographer. The intent is to improve the photos BAR staff takes along with instruction on improving report writing and testimony documentation (find her portion 1 hour 46 minutes into the webcast CLICK HERE) After viewing the video, I'm sure that you will have to join me in wondering what’s coming next?

CalABC’s Quarterly Lunch and Learn meeting held on January 16th, 2019 was dedicated to our theme of “If you aren’t at the table – you’re on the menu” included a presentation from the BAR Chief Pat Dorais and the North and South Program Managers Tim Bowden and Jaime Ramos. The information presented by BAR gave us a chance to understand their main focus areas. I am glad CalABC is here working on these things together with our members so we can hear first-hand what we need to do. Working together on key issues is really something to see. What a great team!

We want to thank Tess Dubois Carey, UTI Campus President for hosting us. A tour was provided, and members and guests had an opportunity to see the campus and class rooms. It gave many of us time to pause and think about “what do we need for employees of the future?” The classrooms were stocked with state-of-the-art tools and equipment and offered the students a first-class learning environment.

On a separate note CalABC and our partners need to congratulate ourselves on the passage of AB3141, seven years in the making. It’s disconcerting that BAR seems ill prepared to implement the new regulation requiring all automotive repair shops to become registered with BAR. Johan Gallo has recommended that BAR staff reach out to the Licensing & Fee Board that issues Seller’s Permits to determine which businesses do automotive repair work so BAR can inform them that under the new regulation they are now required to become registered. CalABC believes there needs to be a sense of urgency to get these new businesses under BAR’s ARD program.
 < MORE >

Please bring us your thoughts and ideas, they are critical to our continued success!

Thank you for continuing to be a CalABC member and supporter! 

If you know of a prospective member, please contact me at nikki@ayersrepairs.com or Johan Gallo at GalloJM1@outlook.com.
Be prosperous,

Thank you, Nikki
Nikki Ayers
President CalABC
Owner Ayers Automotive
Santa Barbara California

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We’re awaiting the new bills that will be introduced for 2019 and as we mentioned before, the bills noted below are just a start of what we anticipate being introduced for this year. There shouldn’t be any doubt that Senator Allen will once again introduce yet another bill dealing with oil change intervals, specifically concerned with environmental issues. We plan on being there again, with Jack Molodanof educating his staff on the right language to have in the bill.

AB-5 (Gonzalez) Worker status "Independent Contractors":
 The Legislature finds and declares the following:

(a) On April 30, 2018, the California Supreme Court issued a unanimous decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, (2018) 4 Cal.5th 903.

(b) In its decision, the Court cited the harm to misclassified workers who lose significant workplace protections, the unfairness to employers who must compete with companies that misclassify, and the loss to the state of needed revenue from companies that use misclassification to avoid obligations such as payment of payroll taxes, payment of premiums for workers compensation, Social Security, unemployment, and disability insurance.

(c) The misclassification of workers as independent contractors has been a significant factor in the erosion of the middle class and the rise in income inequality.

AB-40 (Ting & Kalra) Zero-emission vehicles: This bill contains a comprehensive strategy as introduced by Ting regarding Zero Emission Vehicles. 

Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State of California Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law required the state board to develop and adopt regulations that achieve the maximum feasible reduction of greenhouse gases emitted by passenger vehicles, light-duty trucks, and any other vehicles which have been determined by the state board to be vehicles whose primary use is non-commercial and is for personal transportation. < MORE >

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Special Update – BAR First Quarterly Advisory Meeting 2019 Recap

Chief Dorais opened the Advisory Meeting and provided an overview on various topics including updates on Assembly Member Ting’s Bill AB 161 Solid Waste, Electronic Proof of Purchases that will need to be tracked and addressed if it moves forward. AB 2138 Chiu. Licensing boards: denial of application: revocation or suspension of licensure: criminal conviction. AB 2138 was chaptered and restricts the questions you can ask regarding criminal records and arrest history, which has a far-reaching impact on BAR and the automotive repair industry because all Automotive Repair Dealer Registration and Technician Smog Check applications will have to be revised.

Governor Newsom released the 2019 budget and there will be at least fifty regulation packages that will need to be completed, one that relates to AB 2138 on Criminal Rehabilitation. It’s CalABC’s concern that former criminal coming into the workforce must be monitored closely to avoid putting that business at risk. It appears BAR will be scrambling to comply with AB 2138.

Holly O’Connor covered AB 1824 that’s now related to the Exhaust Noise Fines versus the “Fix It Ticket” started out as a “Budget Bill” and buried deep in the bill was this issue on loud exhausts reaching over 95 decibels. This has caused a major issue for the automotive repair industry because these fines can reach a thousand dollars. Chief Dorais explained that It was Governor Brown’s issue because of loud exhaust from vehicles and motorcycles going past the Governor’s residence.

Clay Leek and Eric Schwartz covered the Cal-Vista projected and it was noted that BAR identified 100 Star Stations that didn’t have the equipment to run the BAR-97 and only OIS Program which makes them ineligible for the Star Program. The Star Program requires the station to have both platforms. There are over 4,000 Star Stations and around 600 are non-compliant.

Michelle Oberg said that BAR is working with a forensic photographer to improve the photographs taken by BAR staff for evidence and they are working with staff on testimony training for staff who provide testimony. 
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Available Handouts from the Jan. 17th 2019 Bureau of Automotive Repair Business Advisory Group Meeting.

In this month’s spotlight is on Assembly Bill 375 that was chaptered last year and deals with Consumer Privacy and the new California Consumer Privacy Act. The new law was based on the numerous consumer complaints surrounding their privacy and the fact that businesses would sell their data to third parties. In some cases, it was something more sinister and egregious like when a business’s system was hacked or held for ransom by information pirates and sold to who knows who. 

It’s important for our members to understand that daily you gather a considerable amount of information from consumers and the new law requires you to have safeguards in place to protect it. Currently the Office of the Attorney General is holding public meetings throughout the state to develop the Public Policies that will be used to govern the new law. We will work to keep you informed and if you want to learn more or register to receive update from the AG’s office, you can register at: https://oag.ca.gov/privacy/ccpa

In addition
 her is a PowerPoint presentation they have been delivering across the state.  It has great info so take a minute to check it out. < MORE >

Special Guest Feature!
Employment Law, made simple
January 24, 2019 Employment Law Bulletin
A Quick Primer on California Employers’ Broader Obligations to
Provide Sexual Harassment Prevention Training

Last fall, the California Legislature broadened the obligations of employers to provide
sexual harassment and abusive conduct prevention training to their workforce. This
Bulletin briefly explains these changes.

Expanded Scope for Sexual Harassment Prevention Training

For many years, only California employers with 50 or more employees were required to
provide supervisors with sexual harassment and abusive conduct prevention training
every 2 years. However, Senate Bill (SB) 1343, signed into law in 2018, changed this
requirement in two important ways.

First, SB 1343 now requires employers with just five (5) or more employees to provide
sexual harassment and abusive conduct prevention training every two years.

Second, the law previously required only that supervisors receive sexual harassment
prevention training. SB 1343 expands this requirement, as well, so that all employees,
including seasonal and temporary workers, must receive sexual harassment and abusive
conduct prevention training every two years.

What if You Provided Training to Supervisors in 2018?

Many employers reading this may have complied with the then-existing law and
provided sexual harassment prevention training to their supervisors in 2018. Common
sense would dictate that, at least as to these supervisors, these employers have met
their obligation until 2020, right?

WRONG! In its FAQs, the California Department of Fair Employment and Housing
(DFEH) states that, “[e]mployees who were trained in 2018 or before will need to be
retrained.” “Employees” in this context applies to supervisors trained in 2018.

Employment law, made simple.

Additional Rules Regarding Sexual Harassment Prevention Training

  • SB 1343 also requires the DFEH to make online training courses available on the prevention of sexual harassment and abusive conduct in the workplace. TheDFEH expects to have such trainings available by late 2019.Employers are required to pay for all sexual harassment and abusive conduct prevention training. Gov. Code 12950.1(a)-(b).
  • Assembly Bill (AB) 2338 requires talent agencies to provide adult artists, parentsor legal guardians of minors aged 14-17, and age-eligible minors, within 90 daysof retention, educational materials on sexual harassment prevention, retaliation, and reporting resources.
  • AB 3082 requires the Department of Social Services to develop or identify educational materials addressing sexual harassment of in-home supportiveservices (IHSS) providers and recipients.
What Should Employers Do?

Employers should take steps to ensure all employees, including part-time, temporary
and seasonal workers, receive the required sexual harassment and abusive conduct
prevention training sometime this year. Employers with questions about these changes
or needing help finding a sexual harassment and abusive conduct training provider
should contact their qualified employment law counsel.

The Law Offices of Alex Craigie helps employers throughout California prevent,
address and resolve employment disputes in a logical and cost-effective manner. Reach
us at (323) 652-9451, (805) 845-1752 or at Alex@CraigieLawfirm.com.

Employment law, made simple.

CLICK - See Part Two CalABC Feb 2019 Monthly Alert!

Tuesday, February 5, 2019

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