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Opinion

PAGA Settlement Threats

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The Private Attorney General Act (PAGA) has become a weapon used by unscrupulous trial attorneys to extort millions from business owners and non-profit organizations. Grey Davis and Joe Dunn championed this law in 2004 and Grey Davis was recalled due to gross mismanagement of California finances. Joe Dunn was recently fired as executive director of the California State Bar due to excessive international travel expenses. The bottom line is the two individuals who set this law up have a track record of illegal behavior.

PAGA is known as the “Sue Your Boss Law”, and minor infractions such as missing a period on a paycheck stub or incorrect employee ID could cost an employer millions. The state thought it was a good idea to deputize employees to enforce labor law violations with their attorneys. My question is with a California Labor Law Digest of over 1,100 pages how are the deputized citizens capable of knowing what is right or wrong with the influence of trial attorneys?

In a recent Detroit Free Press article it states across Michigan, police departments have enlisted civilians to work alongside licensed officers to patrol communities and even assist real cops with arrests. But unlike the regular officers licensed by the state, these armed civilians are unregulated. The state agency responsible for police licensing and training is not regulating reserve officers despite gaining authority last year to do just that and has no idea how many such unlicensed volunteers there are statewide. This lack of oversight continues despite numerous incidents of questionable even illegal conduct by reserve officers in recent years.

Does this sound familiar? We should evaluate a few cases and see what you think. One manufacturer in souther California offered a flexible work schedule with employees coming in at various start times. The company was doing what they thought was a good thing. The employees who were friends and family wanted to eat together and some ate beyond 5 hours, anywhere from 10 minutes to 40 minutes. The penalties and fines cost over a million dollars. Another company who had been in business since the 1940’s had a start time at 5:00 and lunch hour at 11:00 and had been doing this since they started. No one ever complained, they got their break in between, although their lunch was taken beyond 5 hours and cost the over $500,000. What is worse is the trial attorneys get the majority of these settlements while the employees end up with pennies.

If a disgruntled employee was not influenced by a trial attorney this case would of never taken place and there would not be more than 5,000 cases a year filed jamming up the courts. UBER was sued under PAGA and each employee received $1.08 each and the trial attorneys took home over 2.6 million dollars!

This law is only in California and needs to be repealed, just like Grey Davis. There have been many legislative attempts although the trial attorneys deep pockets have paid off with donations during election season. Labor turns a blind eye as if you are unionized and have a collective bargaining agreement, you don’t even need to take a lunch. This fix is simple, right the wrong and change this law. Since 2004 there have been more than 35,000 victims and counting.

Recently I was told of a company in the Inland Empire who had an employee that retained an attorney over late lunches. The attorney spoke with the business owner and stated, “Settle today for $25,000 for the one employee and I will not file a PAGA lawsuit.” I wonder if the LWDA, Legislators, or Judges are even aware of such behavior. Imagine an owner of a small diner or director of a non-profit being faced with that decision and having to make it knowing it is legalized extortion. Trial attorneys can use the threat of PAGA for a quick score and you could be next.

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

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Career & Workplace

California Continues to Struggle with Labor Supply as Employment Expands Modestly

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State’s Unemployment Rate Remains Highest In Nation

California’s labor market expanded modestly in April, with total nonfarm employment in the state growing by 5,200 positions over the month, according to an analysis released today by Beacon Economics. March’s gains were revised down to 18,200 in the latest numbers, a 10,100 decline from the preliminary estimate of 28,300.

As of April 2024, California has recovered all of the jobs that were lost in March and April 2020, and there are now 314,300 more people employed in the state compared to February 2020. Total nonfarm employment has grown 1.8% over this time compared to a 3.9% increase in the United States overall. California increased payrolls by 1.2% from April 2023 to April 2024, trailing the 1.8% increase nationally over the same period.

The state’s unemployment rate held steady at 5.3% in April 2024, unchanged from the previous month. California’s unemployment rate is the highest in the nation and remains elevated relative to the 3.9% rate in the United States as a whole. The state continues to struggle with its labor supply, which remained essentially unchanged in April (declining by a negligible 100). Since February 2020, California’s labor force has fallen by -246,200 workers, a -1.3% decline. In comparison, over the past twelve months the nation’s labor force has increased by 0.8%. 

Industry Profile  

  • At the industry level, job gains were mixed in April. Health Care led the way with payrolls expanding by 10,100, an increase of 0.4% on a month-over-month basis. With these gains Health Care payrolls are now 13.6% above their pre-pandemic peak.
  • Other sectors posting strong gains during the month were Transportation, Warehousing, and Utilities (3,700 or 0.4%), Leisure and Hospitality (3,100 or 0.2%), Government (2,600 or 0.1%), Education (1,800 or 0.4%), Retail Trade (1,000 or 0.1%), and Wholesale Trade (400 or 0.1%).
  • Payrolls decreased a handful of sectors in April. Construction experienced the largest declines, with payrolls falling by -6,000, a contraction of -0.6% on a month-over-month basis. Note that this decline was largely due to late season storms affecting construction projects across the state.
  • Other sectors posting significant declines during the month were Manufacturing (-5,300 or -0.4%), Professional, Scientific, and Technical Services (-3,600 or -0.3%), Real Estate (-700 or -0.2%), Finance and Insurance (-700 or -0.1%), Administrative Support (-600 or -0.1%), and Information (-600 or -0.1%).

Regional Profile

  • Regionally, job gains were led by Southern California. Los Angeles (MD) saw the largest increase, where payrolls grew by 5,700 (0.2%) during the month. The Inland Empire (2,600 or 0.2%) and San Diego (1,200 or 0.1%) also saw their payrolls jump during the month. However, payrolls fell in Orange County (-2,700 or -0.2%), Ventura (-500 or -0.2%), and El Centro (-2,200 or -0.3%). Over the past year, El Centro (1.9%) has had the fastest job growth in the region, followed by the Inland Empire (1.5%), Ventura (1.4%), Orange County (1.1%), San Diego (0.8%), and Los Angeles (MD) (0.6%).
  • In the Bay Area, the East Bay experienced the largest increase, with payrolls expanding by 2,600 (0.2%) positions in April. San Rafael (MD) (200 or 0.2%) and Napa (100 or 0.1%) also saw payrolls increase during the month. However, San Francisco (MD) (-1,700 or -0.1%), Santa Rosa (-600 or -0.3%), and Vallejo (-600 or -0.2%) experienced payroll declines during the month. Over the past 12 months, Vallejo (3.0%) enjoyed the fastest job growth in the region, followed by Santa Rosa (2.3%), Napa (2.2%), San Rafael (MD) (1.6%), the East Bay (0.9%), San Jose (0.2%), and San Francisco (MD) (-0.8%).
  • In the Central Valley, Sacramento experienced the largest monthly increase as payrolls expanded by 900 (0.1%) positions in April. Payrolls in Yuba (400 or 0.8%), Bakersfield (300 or 0.1%), Fresno (300 or 0.1%), and Visalia (100 or 0.1%) increased as well. However, payrolls fell in Stockton (-500 or -0.2%), Modesto (-200 or -0.1%), Merced (-200 or -0.3%), Redding (-100 or -0.1%), and Hanford (-100 or -0.2%). Over the past year, Madera (5.7%) had the fastest growth, followed by Yuba (4.2%), Merced (3.7%), Modesto (3.6%), Sacramento (2.5%), Hanford (2.4%), Redding (2.3%), Fresno (2.2%), Visalia (2.1%), Stockton (2.0%), Chico (1.5%), and Bakersfield (1.1%).
  • On California’s Central Coast, Salinas (200 or 0.1%) and Santa Cruz (200 or 0.2%) added the largest number of jobs during the month. Santa Barbara (-100 or -0.1%) saw payrolls decline. From April 2023 to April 2024, Salinas (1.9%) has added jobs at the fastest rate, followed by Santa Cruz (1.6%), Santa Barbara (0.8%), and San Luis Obispo (0.5%).
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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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