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Opinion

California Leads in Class Action Lawsuits

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If you own or operate a business in California you most likely already know we have one of the highest workers compensations rates in the nation, highest tax rates, health insurance rates, and recently named number one for the most litigious state. At a certain point you would think our legislators would be embarrassed by such numbers.
Recently I saw an article published in Law 360 and it pointed out that California accounts for 12% of the total US population and more than 50% of all class actions in the US. There are more than 3,200 new federal cases filed a year in California with even more class actions filed in State Court. I would say California shattered the Class Action Lawsuit ranking and has another number one in the nation trophy to mount on their wall.
With the court system already being too jammed up, this opens the door for more cases to be settled in mediation. The Private Attorney General Act (PAGA) appears they have about 98% mediation rate as most never go to court due to the expense.
PAGA is known as the sue your boss law and has been gaining more and more momentum year after year as the trial attorneys are realizing huge payouts for themselves while business owners, their employees, and the state are helpless in mediation and also become victims to this cruel law. PAGA was written into law in 2004 to protect employees for the underground economy so bad employers would not take advantage of them. The state at the time had a deficit and felt it was a good idea to allow trial attorneys to enforce labor law violators. ‘Ovem lupo commitere’ , Latin for (‘To set a wolf to guard sheep.’)
More than 35,000 PAGA Lawsuits have been filed since 2004 and the cases are shocking to comprehend based on the so called labor violations. If you have a flexible schedule and decide to eat your lunch 1 second past 5 hours, that is a violation. If you give an employee a gift card or bonus for a job well done, that is a violation if not calculated properly, off by a penny or two, it could coat you millions.
What is really taking place is trial attorneys are seeking out terminated employees and offering them money they are owed from their previous employer. This ex-employee can represent all of their fellow employees in a class action lawsuit. With the PAGA provision it makes it easy to send a notice to the employer, investigate, while looking for any violation, and then file suit against the employer.
Here is an example of how skewed this law is. If the employer shorted the employee $ 28.61 on alleged labor law violations civil penalties and personal damages would be $69,508.61. That is 2,430 times the alleged actual damages and I bet you would get a better rate form a loan shark. If the employer has 30 employees the exposure is over $ 2,000,000 and actual damages would be only $ 858.30 to the aggrieved employees. So the trial attorney goes to mediation with the threat of more than $ 2,000,000 and tells the employer you need to settle this as legal expenses to fight could be another million. The trial attorneys know based on their deal with the state they will get 100% of their fees paid, as it comes right off the top of the settlement, usually a third of the total. The balance is then negotiated and what is supposed to happen rarely does, meaning the state takes 75% California Leads in Class Action Lawsuits of the balance and the employees get the remaining 25%. When the balance is settled everything becomes a shroud of secrecy and all of the employers do not want to talk about this as they are afraid they will get hit again.
The state is so overwhelmed with PAGA cases they can’t keep track, and the disgruntled employee who gets a check for $ 15.00 is told by the attorney who is being paid to protect them that you were only owed $ 28.61, so you did alright. The employer thinks after they settled for $ 750,000 that it was way better than 2 million. The trial attorney gets $ 250,000 and tells all of their colleagues how much they are helping the employees who have been taken advantage of.
That is the reality of PAGA and if anyone tells you different they are probably a trial attorney. California is being a leader in too many categories and Class action Lawsuits is nothing to be proud of. Furthermore we are the only state with such a law as PAGA and it is only allowing trial attorneys to steal from not only businesses, they are stealing form non- profits as well. Plaintiff Magazine has an article on settling class action lawsuits and how to divvy up the money on PAGA to the LWDA, “Most attorneys are allocating only a small amount to PAGA claims in their settlements”. Recently one attorney stated in an article,” PAGA is not for the employees.”
Our legislators need to focus on business and the negative effects of passing too many complex laws. Alan Dershowitz is quoted, “The defendant wants to hide the truth because he’s generally guilty. The defense attorneys job is to make sure the jury does not arrive at that that truth.” The PAGA Trial Lawyers know they are guilty of taking advantage of a broken law and it is their job to keep you way from that truth.

The Inland Empire Business Journal (IEBJ) is the official business news publication of Southern California’s Inland Empire region - covering San Bernardino & Riverside Counties.

Banking & Financial Services

Rate Changes are Looming: Follow Long-Term Game Plan for Winning Capital Decisions

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By Greg Martinez-Miller

While basketball fans everywhere are following NBA schedules, business owners are tracking the 2024 Fed meeting schedule. But just as true hoops enthusiasts know that game strategy is comprised of more than three-point shots, so should business owners remember that interest rates aren’t the only factor for long-term success. Last December, the Fed said that it expected to cut rates, which are at a 22-year high, three times in 2024. Yet when the central bank met in March, it left rates unchanged, saying it didn’t want to jeopardize lower inflation and healthy economic growth.

So, when the Federal Open Market Committee meets again on April 30-May 1, anticipation will be high. Prognosticators are on every channel, wondering whether the central bank will keep its 5.25-5.5% target rate unchanged again, or if it will announce the first of its three cuts. And if it does, observers ask, how could lower rates impact growth in the U.S. economy? 

As a commercial banker who has watched the interest rate scoreboard over the past 16 years, here’s my advice from the sidelines: Stick to your long-term game plan. Put your company in a position to win the balance-sheet game when it comes to the cost of capital.

Here are my four key strategies from my dogeared playbook to keep your head in the game:

1. See the court

Do not focus on interest rates alone for your capital strategy. You need to be aware of other negotiated factors when funding your company’s financial future. Besides interest rates, other terms — loan maturity, advance rates, and guarantees — can offer important value. Many times, it makes good strategic sense to pivot from the interest rate toward other terms to advance your company’s medium- and long-term game plan.

2. Do not overreact to the officials

The Fed is like an economic referee, making calls to control the economy’s pace. Do not lose your cool when the whistle blows. Three rate reductions are still expected this year, but when the central bank plans to make that call, no one knows – yet.

3. Manage the clock

Think about timing when it comes to borrowing. When rates dip, you might consider making a few key borrowing moves to fund some crucial projects and wait to fund other projects later in the game. Consider the purpose of the debt on your balance sheet. Would your company benefit from having a mix of floating and fixed rates? This may allow you to hedge and still potentially benefit from low floating rates, while also maintaining certainty for longer-term, fixed rates.

4. Stick with your game plan

When rates do change, do not throw out your playbook. Instead, call a time out and consult with your banker or interest rate risk advisor to help ensure your borrowing decisions match your company’s long-term plans and goals for continued growth and success.

If you do not need capital, do not borrow just to lock in a lower rate. Interest rates should not be the driving factor when making borrowing decisions. Borrow when you need to; have a good reason for it.

Remember, interest rate changes will always interrupt the flow of your game. But your goal is to ensure that your financial future is deliberate – not purely defensive, based on the ebb and flow of interest rates.

Greg Martinez-Miller is the commercial banking leader for Wells Fargo in Inland Empire. Based in Ontario, Martinez-Miller leads a team of commercial relationship managers in Riverside and San Bernardino Counties. The views expressed present the opinions of the author on prospective trends and related matters in middle market banking trends as of this date, and do not necessarily reflect the views of Wells Fargo & Co., its affiliates and subsidiaries.

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Opinion

Despite Popular Narratives, California’s Economy is Doing Fine…For Now

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Leading Economic Forecast Pushes Back Against “Doom and Gloom” Prophecies; State’s Housing Supply Problem At The Crux Of Slowing Economy

California is far from becoming the ‘failed state’ depicted by critics, and even a cursory look at the data proves it, says one of the state’s leading economic forecasts. According to Beacon Economics‘ latest outlook for California, the state’s economy will continue to grow in the near future and there is little sign of a recession in 2024.

Consider a few of the new forecast’s findings:

  • Since just prior to the pandemic, the number of jobs in California has grown by only 2.1%, compared to 3.7% in the nation as a whole, however, the state’s private sector output has grown by 10% compared to just 8% in the nation overall. This means that California’s output has expanded through greater worker productivity.
  • California’s median household income grew by 9.2% from 2019 to 2022, compared to just 8% growth in the nation overall. Median incomes in the state are now 14.3% higher than in the U.S. as a whole, the largest gap ever seen in this data.
  • Real income (accounts for inflation) has increased despite persistent claims to the contrary. Official data from the U.S. Bureau of Labor Statistics shows a 20% increase in consumer prices in California between the end of 2019 and the end of 2023, but a 23% increase in workers’ average weekly earnings over the same period. Importantly, the earnings growth has been greatest among lower skilled workers, according to the new forecast.
  • From 2019 to 2022, the average poverty rate in California was 12%, lower than the U.S. average and the lowest level ever seen in the state.

The new forecast is careful to acknowledge California’s glaring problems, including its housing shortage and massive budget deficit, but argues that untruthful and excessively negative narratives are making things materially worse by affecting the way leaders spend their time and do their jobs.

“The state’s economy certainly has its share of problems, but many of these issues are things that can be solved with some pragmatic changes to state policy,” said Christopher Thornberg, Founding Partner of Beacon Economics and the forecast author. “When pessimistic public narratives take hold, no matter how false or overblown, elected leaders tend to veer off on impractical missions to fix problems that don’t really exist – at least not in the way these artificial narratives say they do.”

One of the most urgent, and real, challenges facing California this year is it’s colossal budget deficit of between $35 and $70 billion, depending on who you ask. But according to the new forecast, this gap is not a function of the state’s economy, which is growing, it is the obvious (and oft repeated) result of a volatile revenue system that badly needs to be overhauled.

“California loves soak-the-rich policies, and our high marginal tax rate on high-income earners means that when financial markets are hot, revenues surge, but when asset values fall or crash, it cuts deeply into the state’s tax haul,” said Thornberg. “On top of that, we have a mishmash of band aid type laws that have been put in place over the years which force a certain amount of spending, preventing lawmakers from saving for lean times.”

All that said, according to Thornberg, California’s biggest budgetary problem today is not with revenues but expenditures. “State spending is currently 40% higher than it was pre-pandemic, and as painful as it is, the deficit will not fully go away until either programs are cut back or new taxes are raised, both of which would be incredibly difficult to achieve,” he said.

In terms of the state’s economic future, perhaps California’s most burning dilemma is its low supply of housing, which has driven infamously high housing costs and a declining population, ergo workforce. According to the forecast, the only way to fix the problem is to sharply expand the pace of new housing supply. “This is a tremendously consequential issue for the economy and population of the state – a workforce cannot grow if there is nowhere for workers to live,” said Thornberg. “The inability to genuinely tackle our housing supply issue is slowing the mighty California economic machine and the effects we’ve started to see in the past few years will only grow worse.” 

View the new The Beacon Outlook California including full forecast tables here.

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Education

Unlocking Potential: Fostering Inclusion and Innovation through Entrepreneurial Education at REAL Journey Academies

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The REAL Journey Academies Entrepreneur High School Model / Inclusive Education Programming

Inclusive education is a fundamental right for all students.  REAL Journey Academies was founded on this principal. The unique high school programs of Entrepreneur High Schools in Fontana and San Bernardino integrate entrepreneurship and career & technical education (CTE) to offer a unique opportunity to unlock the potential of students and prepare them for success in the constantly evolving century workforce. By providing tailored support, fostering self-confidence, and nurturing entrepreneurial skills, our unique high school program empowers students with IEPs and hidden talents to thrive academically, professionally, and personally.

This white paper explores the values of  our entrepreneurship focused high school program for students with IEPs and hidden talents, highlighting the program’s potential to promote inclusion, boost self-esteem and cultivate a culture of innovation and entrepreneurship.  The value proposition of our programming, in relationship to inclusive education, include:

  1. Promoting Inclusion:
    • Our entrepreneurship focused program focuses on full inclusion by providing students with diverse learning needs, including those with IEPs and hidden talents, with opportunities to actively participate in hands-on, experiential learning experiences.
    • By embracing diversity and fostering a sense of belonging, the entrepreneurship focused program of REAL Journey Academies empowers all students to realize their full potential and become active members of their communities.
  2. Boosting Self-Esteem:
    • Entrepreneurship focused programming at its core boost self-esteem and confidence by recognizing and celebrating students’ individual strengths, interests, and talents.
    • Through project-based learning and real-world experiences, students in an Entrepreneur High School have the opportunity to showcase their skills, gain recognition for their achievements, and build a positive sense of self-worth.
    • Our program is designed to give students the support and encouragement they need to overcome challenges, set ambitious goals, and pursue pathways to success that align with their unique abilities and aspirations.
  3. Cultivating a Culture of Innovation:
    • Our entrepreneurship focused program cultivates a culture of innovation by encouraging students to think creatively, problem-solve collaboratively, and pursue their entrepreneurial dreams.
    • By providing students with the tools, resources, and mentorship they need to explore their passions and develop their talents, the unique Entrepreneur High School Program is designed to inspire a lifelong love of learning and skills associated entrepreneurship.
    • Through extensive work-based learning experiences and real-world projects, Entrepreneur High School students have the opportunity to unleash their creativity, tap into their potential, and make meaningful contributions to society.

The REAL Journey Academies’ entrepreneurship focused high school program has immense value for all students, including those with IEPs and hidden talents. By promoting inclusion, boosting self-esteem, and cultivating a culture of innovation, at its foundation our program is designed to empower students to overcome barriers, fulfill their potential, and pursue their dreams. As we strive to build a more equitable and inclusive society, investing in developing entrepreneurial skills in students with diverse learning needs is not only a moral imperative but also a strategic investment in our collective future

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