Only July 1, 2024, Governor Newsom signed into law AB 2288 and SB 92, both of which significantly reform the California Private Attorneys General Act of 2004 (PAGA) by allowing for early evaluation and resolution procedures, revising and reducing the penalty structure, and imposing standing and manageability requirements in PAGA litigation. These changes apply to PAGA actions arising from notice made to the Labor and Workforce Development Agency (LWDA) on or after June 19, 2024.
PAGA was enacted in 2004 to allow individual employees to “stand in the shoes of” the state attorney general to recover civil penalties of $100 per violation for initial violations and $200 for subsequent violations, plus costs of suit and attorney’s fees (typically 33-40% of any total settlement amount), on behalf of themselves and other “aggrieved” employees for many Labor Code violations. Historically, 75% of the recovered penalties are paid to the LWDA and 25% are paid to the aggrieved employees. Since its enactment, critics have argued that the steep PAGA penalties for even the most innocent violations and low bar for standing to bring said actions are unfair and have encouraged Plaintiffs’ attorneys to create a cottage industry that benefits only the attorneys and harms California businesses. As a result, PAGA reform has long been discussed and was most recently proposed as a ballot measure for this November’s election. Instead, Governor Newsom reached a much-needed agreement with business groups and legislative leadership to avoid a contentious and potentially confusing ballot measure. Read more from Sweeney Mason LLP here.
What you need to know: California’s indoor heat protections go into effect immediately and apply to most indoor workplaces. Employers are required to adopt safety measures that go into effect in most cases when indoor temperatures reach 82 degrees to prevent the risk of heat illness to workers.
California’s indoor heat worker protections were approved last week by the Office of Administrative Law (OAL). This new regulation goes into effect immediately to protect indoor workers from heat illness. Cal/OSHA’s Heat Illness Prevention in Indoor Places of Employment Regulation applies to most indoor workplaces, such as restaurants, warehouses and manufacturing facilities. For indoor workplaces where the temperatures reaches 82 degrees, employers must take steps to protect workers from heat illness. Some of the requirements include providing water, rest, cool-down areas and training.
Additional requirements, where feasible, apply where the temperature reaches 87 degrees such as cooling down the work area, implementing work-rest schedules, and providing personal heat-protective equipment. Where workers wear clothing that restricts heat removal or work in high radiant heat areas, the additional requirements apply at 82 degrees. Employers may be covered under both the indoor and outdoor regulations if they have both indoor and outdoor workers. For more information, see the Comparison Chart of Indoor and Outdoor Heat Illness Prevention Standards.
Every two years, ELECTRICAL CONTRACTOR magazine conducts a comprehensive survey of the industry. They ask electrical professionals around the country about purchasing habits, firm size, what types of work account for the most revenue, and their attitudes about the economy. This year’s study found electrical contracting firms are getting larger and growing their revenue. While firms with nine or fewer employees still make up the majority of respondents, that lead is narrow at only 51%, continuing a trend noted in 2022.
Compared to two years ago, the proportion of firms with 1 – 4 employees showed a statistically significant decline, while the percentage of firms with 10 or more employees grew. Nearly twice as many firms added employees (28%) as dropped them (15%). Two years ago, these figures were essentially equal. Click here to read more about the Profile of the Electrical Contractor.
On April 4, 2024, NorCal NECA hosted an Electrical Innovation Day at the Zero Net Energy Center in San Leandro. The event brought together NECA Contractors, IBEW leadership, training directors, inspectors and industry partners to hear about new and advancing technologies within the electrical construction industry, including PoE, Fault Managed Power Systems (Digital Electricity) and Energy Storage. Attendees heard from the following speakers:
- Jeff Beavers (NECA Executive Director, Network Integration & Service), spoke on convergence and the disruption of electrification.
- Bob Dagostino (President, Dagostino Electronic Services, Inc.) gave the contractor perspective of installing Fault Management Power Systems in a football stadium.
- Luis Suau (Chief business Officer, Sinclair Digital) presented on DC Power and Microgrids
- Joshua Lemus (Project Manager, PoE Texas) presented on PoE Lighting and Automation
- Frank Straka (Director Business Development, Panduit) provided information on Class 4 Power and Fault Managed Power Systems
- David Stenger (Global Product Manager-Powered Fiber Solutions, CommScope) presented on Fault Managed Power End-to-End Solutions
Through ELECTRI international, NorCal NECA was able to extend our partnership with Document Crunch for another two years! This means that NorCal NECA Members receive free access to Document Crunch until 2026!
Document Crunch simplifies construction contracts by quickly identifying critical risk provisions and provides teams with guidance to make great decisions throughout the entire project lifecycle. Their Contract Genius drives value and efficiency to the contract review process and supports successful project execution by enabling teams to understand and comply with critical contract provisions. Click here to learn more about the partnership!
NorCal NECA and Document Crunch and hosting a ‘Lunch and Learn’ as follows:
During the Lunch & Learn, participations will receive a walk thru and training on the Document Crunch platform and discus benchmarking goals, followed by a question-and-answer period. Please use the above link to RSVP your attendance to this “Lunch and Learn” and see how Document Crunch can help you! Again, this partnership is free to NorCal NECA Members!
The Chapter recently held it’s 2024 Spring General Membership meeting with over 50 Chapter members and partners in attendance. The evening began with a networking reception, followed by a welcome from Executive Director Greg Armstrong.
Mr. Armstrong went on to present Mike Boehmer (HA Bowen Electric, Inc.) with the Chapter’s Gillespie Award. This award was established to honor individuals for their years of dedicated service and outstanding contribution while serving the NorCal NECA Chapter and the electrical contracting industry. Mike Boehmer has been an integral part of this Chapter for many years. He is a trustee on the local pension and health trusts, Chairman of the Electrical Contractors Trust of Alameda County, a member of the Joint Apprenticeship Training Committee and the Co-Chair of the JATC Disciplinary Sub-Committee. He has spent countless hours bettering our industry and our apprentices, and his service has gone unnoticed to the Chapter and its members.
The evening concluded with a fireside chat between Chapter President Brian Gini (Collins Electrical Company, Inc.)and John Taylor former wide receiver and kick returner for the San Francisco 49ers. Mr. Taylor shared stories from his days with the 49ers, discussed the moments that defined his career and answered questions from everyone in attendance.
On April 4th, 2024, NorCal NECA is hosting an Electrical Innovation Day that will focus on new and advancing technologies within the electrical construction industry including PoE, Fault Managed Power Systems (Digital Electricity) and Energy Storage. The Innovation Day will feature presentations from the following industry experts, manufacturers and vendors:
- Jeff Beavers – Keynote speaker who will present on the Disruption of Electrification including Fault Managed Power Systems and Digital Electricity
- CommScope – Manufacturer of Fault Managed Power Systems
- PoE Texas – Power & Data over Ethernet
- Sinclair Digital – PoE Solutions for Smart Buildings
- Panduit Ventures – Fault Managed Power Systems
The program will be held at the Zero Net Energy Center (14600 Catalina Street, San Leandro) on Thursday, April 4, 2024, from 10:00 AM – 2:00 PM. Lunch will be served. This program is open to all NECA Contractors and staff, IBEW Locals and Training Directors and staff.
We encourage you to attend the Innovation Day!! Please click here to register your attendance!
As we prepare for the new year, a question often asked is which holidays are recognized in our agreements. Each agreement specifies holidays recognized and what compensation is required if work is performed.
For your reference, we have summarized a list of holidays recognized under each agreement covered by the Northern California Chapter, NECA. In instances where it is necessary that employees covered under the agreement must work, employees are paid at double the straight time rate of pay. Some agreements preclude any work on Labor Day, except under emergency circumstances and only with the Business Manager’s approval.
Another area that should be reviewed is Carpenter’s Off-Days, which means that if electricians work on a project with other crafts that receive premium pay for the Carpenter’s Off-Day, then the electrician(s) shall also receive premium pay. However, is work is performed on a project where no other trade(s) receive premium pay, then electricians likewise shall not.
Click here to see a listing of the holiday’s and other off-days observed in each of our Chapter’s jurisdictions during 2024!
Did you know that using videos to promote, highlight and tell people about your business can help increase engagement on digital and social media platforms, educate your audience, develop potential business opportunities and be utilized as a recruitment and retention tool?
To aid in the promotion and business development of its members, NorCal NECA has partnered with local marketing firm Flip2Media. Each production will include an interview with the owner/manager highlighting unique or specific aspects of one’s business. Flip2Media can visit either your office or the jobsite and the cost of the video is subsidized by the Chapter. There are still spots available for 2024!!!
If you are interested in scheduled a video profiling your Company, contact
Jenny Fothergill. Scheduling will be on a first come basis.
