Winter 2008 - California Framing Contractors Association

2008 Board
Members
Bill Dickinson
President
County Line Framing
Craig Backstrom
Secretary
Surco Development
Joseph L. Bunker
Treasurer
B&B Framing, Inc.
Mark Benedetti
Board Member
SelectBuild
Southern California
Wayne Carey
Board Member
C.W. Construction
Dale DeCarlo
Board Member
Preferred Framing, Inc.
James Elliott
Board Member
Trico Framers, Inc.
Frank Mercier
Board Member
Lucas & Mercier Co.
Bill Montalvo
Board Member
Mon-May Enterprises, Inc.
Donna Porter
Board Member
Coast Framing, Inc.
Thomas Rhodes
Board Member
T.W.R. Framing
John Romero
Board Member
JR Framing, Inc.
Valerie Smith
Board Member
Stevco Framers
John Volkman
Board Member
SelectBuild
Northern California
John Williams
Board Member
Rancho Framing, Inc.
California Framing
Contractors
Association
Committed to improving our industry through safety,
training, education, and being proactive politically.
To protect and improve our future for the next generation.
CFCA Newsletter
Inside this
issue:
President’s
Message
Pg.1
Associate
Pg.2
Spotlight – Safety
Compliance Company, Inc.
Associate
Pg.3
Spotlight –
Comet Engineering, Inc.
Joining
Pg.4
Habitat in Building
Safe, Strong Homes
CFCA
Update
Pg.6
Plan Your Exit
Pg.7
So You Have Time
To Implement
Don’t Get Nailed Pg.8
by the New Pneumatic
Nailer Regulation!
Debug #7
Pg.9
Revisited - California’s
Serious Injury Reporting
Requirement Is Alive and
Well... Or Is It?
Housing Market Pg.11
Projections: Is it
Anyone’s Guess When
it Will Turn Around?
Court of Appeal Pg.12
Provides Limited
Victory in California
Wage and Hour Wars
Response Letter Pg.21
to Builders Regarding
Drywall Finishes
The articles in this newsletter are intended
to be used for informational purposes only
and not intended to be legal advice. CFCA
recommends that the reader seek advice of
individual legal counsel or expert consulta-
tion regarding any newsletter article’s applicability to one’s organization.
Volume 5, No. 1 - Winter 2008
Dear CFCA Members:
President’s Message:
One of the concerns facing the construction
industry today is the threat of company
employee documentation audits by
the Department of Homeland Security
and its immigration enforcement arm,
Immigration and Customs Enforcement
(ICE). The CFCA Board Members interviewed three different law firms at the
Board Meeting in November. Each of the
three law firms has reputable attorneys who
specialize in Labor and Employment Law
with specific expertise on immigration
issues. We have asked each law firm to provide us with a proposal for assisting the
CFCA Board of Directors in establishing
the following services for our members.
1. To establish protective practices for our
member employers, including guidelines
for hiring, documentation, document
retention, and guidelines if companies
receive response to “no match” letters
from the IRS.
2. Educational workshops and presentations
for our members’ human resource professionals and owners.
As issues and concerns from regulatory
agencies continue to come to our attention,
it is this Board’s goal to provide the member companies with the expert guidance
needed to run our businesses today.
We encourage all members to participate in
the CFCA activities throughout the year.
Although the current housing market has put
a strain on our respective businesses, it is
important to stay current on the impacts regulations and employment laws have on our
businesses and how we can continue to be a
united voice in Sacramento when issues arise.
At our General Membership meeting in
November, we had a prominent figure speak
to our group. Mr. Len Welsh, newly appointed by the Governor as the Chief of the
Division of the Occupation Safety and Health
(DOSH), was our keynote speaker. Mr. Welsh
has been the Acting Chief of DOSH since
2003. He encouraged employers and associations such as ours to be present at the table to
discuss the impacts of the specific regulations
as they are being proposed or modified. It
was his message that, although their mission
is to keep employees safe, they too want to
implement regulations that work and do not
unduly impact employers.
Many of the Board Members have been
involved in the Cal/OSHA Advisory
Committee meetings over the past few years
starting with the Fall Protection Standard six
years ago. Since that time, we have worked
with other stakeholder groups, such as AGC
and the California Chamber of Commerce,
when standards are being proposed that
affect the construction industry. Some of the
standards have included the Heat Illness
Prevention Standard for Outside Workers
and a separate proposed standard for Indoor
Workers, Pneumatic Nailer Standard, MultiEmployer Job-Site Safety, First Aid
Modifications, and others that may have
affected our industry. Mr. Welsh encouraged
us to remain involved. As company owners,
we can help the State develop standards that
work and serve the purpose for which it was
established—to protect California employees. I too want to encourage all of you get
involved and offer your recommendations
with Cal/OSHA and other State agencies.
I also encourage you to attend our General
Membership meetings. Over the past year, I
have noticed a reduction in the numbers of
attendees to our meetings. With the caliber
of speakers we have had recently, we want
to have a showing of strength in numbers at
each of our meetings. We will be sending
you a calendar of events for the coming
year to help you plan your schedule. Thank
you for your continued support.
Check out our website:
www.californiaframingcontractors.org
Page 2
Associate Spotlight – Safety Compliance Company, Inc.
Safety Compliance Company, Inc.
(SCC) has been in business for over 15
years providing safety programs, safety
inspections, safety meetings, and OSHA
appeals representation. Our unique
approach of being hands-on in providing
these services has saved Framers tens of
thousands of dollars in reduced workers’ compensation costs and OSHA fines.
Our safety programs are specifically tailored to the industry to offer the employer a resource for educating themselves
and at the same time providing legal
requirements set by OSHA law.
SCC’s commitment to updating safety
programs as new laws come in or as regulations change has been a proactive
solution for the framing industry. When
SCC conducts trainings, they meet
OSHA requirements as well as are interactive and specific to the industry issues
that can be applied in the field. SCC also
provides safety inspections to not only
meet regulations but to educate the
employee of on-the-job hazards that
could cause serious injury. The approach
of educating employees and supervisors
while creating documentation that offers
legal protection has been a combination
of success to help keep our framing
clients competitive in their marketplace.
SCC has also provided OSHA Appeal
representation which has been a great
benefit to the framing industry over the
past 15 years. The relationship we have
built in providing solid and reliable
safety services has given OSHA a reason to respect SCC. This has given SCC
unprecedented ability to negotiate on
our clients’ behalf. SCC’s biggest
strength has been providing solutions in
an ever-changing environment for the
framing industry, whether through seminars to provide clarification on fall protection laws or the development of new
training procedures specific to the framing industry. SCC has partnered with
the framing industry to help create a
CFCA Newsletter
culture of leading the construction
industry in safety.
By providing all of these services and
building relationships with our client
base, SCC has grown to represent clients
in five different states. The key to SCC’s
continued growth and success is to conduct business based on the Company’s
Mission Statement, “A worthy enterprise is based on educating and servicing.”
Kirk Herold, Vice President,
Safety Compliance Company,
21250 Box Spring Road, Suite 207,
Moreno Valley, CA 92557; Telephone
(562) 822-7233 or (800) 901-7926.
CFCA Newsletter
Associate Spotlight – Comet Engineering, Inc.
ONE STOP SHOPPING For All Your
Framing Products and Services – All At
Discounted Pricing! WHY SHOP ANYWHERE ELSE?
In today’s market, it’s important to find
quality framing products and services that
won’t break your budget. Comet understands. Supplying superior products
throughout Southern California, Comet
Engineering is the one-stop place to shop
for any smart framer. With already amazing deals and frequent blow-out sales,
Comet is the only place you need to go to
for all of your basic framing needs.
HOW DO WE DO IT? Comet sells all of
their products at the lowest price in the
industry. Because Comet has the strong
purchasing power to buy all of our items in
bulk, we can pass the savings on to you!
Whether you’re looking for saw blades,
hard hats, ladders, staples - or any other
supplies - go with Comet for a real steal.
In addition to unheard of prices, Comet
provides premium products and services
for all of your basic framing needs. Our
20” trailer mounted radial arm saws are
still the best in the market, and we use that
as a model for our sales. While incorporat-
ing our tradition of supplying inexpensive,
quality saws, we now offer amazing savings on other top-of-the-line products.
Comet offers the safety, supplies, and services that every framer needs to get the job
done right. We have all of the contractor
supplies that those other guys carry - furring strips, marking paint, and even trailer
mounted barbecues - at dirt-cheap prices.
Do you have a Hitachi nail gun that needs
repairs? We can fix it! Safety is important
for every project, but that doesn’t mean
you have to waste your money on buying
expensive products. Our quality OSHA
certified safety rail installation can be purchased or rented out at a great bargain. Just
let us know and we’ll come down there and
install it! We even offer free certified saw
training for every saw rental or purchase!
COMET WHO? It all started in 1997
when Comet Engineering purchased the
product line and the rights to manufacture
parts from the once renowned Boice Crane
Radial Arm Saw Company, and most
recently from M.I.T. International of
Gothenburg, Nebraska. Constructed with a
solid bench and an accurate cut, Comet’s
Radial Saw proved to be a quality product
that saved time and money for framers
Page 3
looking to cut their own lumber. The calls
came pouring in, and the Comet Radial
Saw soon became a best seller. While gaining experience working hand-in-hand with
local framing companies, Comet came to
understand what the framers’ needs were.
Our valued customers asked us to use our
knowledge to offer them not only the
greatest saw in the industry, but also the
most used products at amazing prices.
From there we founded Comet
Engineering, Inc. to provide framers with
the fundamental products and services
needed to complete any project… but for a
fraction of the cost!
SO PICK UP THE PHONE AND
CALL. Whatever it is you’re looking for,
shop at Comet. Don’t waste your time and
money going to those big corporations;
come to Comet and save a fortune. With so
many options at such amazing prices,
you’d be insane not to go with Comet!
Comet Engineering Inc. is conveniently
located at 9225 Charles Smith Ave. in
Rancho Cucamonga. Call Travis today for
additional pricing and information on our
blow-out sales. Our toll-free phone-number is (800) 641-6466. We’re looking forward to hearing from you!
Page 4
Joining Habitat in Building Safe, Strong Homes
Habitat for Humanity International in
August 2007. Simpson is donating
$250,000 in cash and products over the
next four years for a total donation of $1
million. The contribution is helping to
support several Habitat houses across
North America and national programs,
such as the Gulf Recovery Effort and the
Jimmy Carter Work Project. Simpson’s
national agreement also includes
employee volunteer time to help with
the building of Habitat homes.
A proud supporter
Humanity for more
Simpson Strong-Tie
national sponsorship
of Habitat for
than a decade,
announced its
agreement with
Habitat for Humanity International is a
nonprofit organization that is dedicated
to eliminating poverty housing around
the world. Since 1976, Habitat has built
more than 225,000 houses worldwide,
providing simple, decent and affordable
shelter for more than one million people.
As a manufacturer of structural connectors, prefabricated shearwall panels and
other fastening systems, Simpson
CFCA Newsletter
Strong-Tie products reinforce the frame
of a home, increasing its ability to resist
high winds and earthquakes.
Terry Kingsfather, president of Simpson
Strong-Tie, said: “We are very proud to
be working with an organization with
which we share the same goal of helping to build safe, affordable housing
world-wide.”
™
The FutureFlash System Helps
Prevent Unwelcome Guests
Pictured: Stachybotrys chartarum (toxic mold)
Wind, rain, and ice aren’t the only unwelcome guests trying to enter your home! Intruders such as
toxic mold* and mildew have been linked to serious health problems, not to mention expensive
remediation. That’s why it makes sense to invest in the FutureFlash™ Window Sealing System before
the siding material goes on. Patented FutureFlash™ Waterproof Membrane and FutureFlash™ Sealant
create a state-of-the-art barrier designed for use with all siding materials, but especially traditional
stucco, where significant through-wall moisture movement can occur. Installed as directed, the
FutureFlash System protects against leaks and interior damage, yet the unique “weep”
characteristic of the system lets the structure breathe. Moisture drains away – wall
cavities stay drier – and that helps discourage “unwelcome guests” from moving in!
With FutureFlash, what belongs outside stays outside!
MFM Building Products Corp.
P.O. Box 340
Coshocton, OH 43812
800-882-7663
by Schnee-Morehead, Inc.
111 N. Nursery Road
Irving, TX 75060
800-878-7876
*To obtain the most up-to-date information for preventing mold, mildew and bacteria growth, consult your state and Federal environmental and health departments for recommended guidelines.
Page 6
CFCA Update
CFCA Association Goals for 2008: The
CFCA Board of Directors met in
September to discuss the members’
requests and ideas that were generated at
the August General Membership meeting. We will continue to hold quarterly
General Membership meetings and provide during these meetings opportunities
for our Associate Members to not only
network at these meetings but to also
showcase their company by providing
materials on your products and services.
If you are interested in showcasing your
products or making a presentation at a
General Membership meeting through
meeting sponsorships, please contact me
at (916) 485-3367 or jblom@iwins.com.
During the November CFCA Board of
Directors meeting, three attorneys with
expertise on immigration issues for
employers were interviewed. These
attorneys all have extensive experience
with representing employers in all
aspects of immigration law. We will be
CFCA Newsletter
providing our members with guidelines
for protecting your business in hiring
and human resource documentation
retention, hold seminars, and provide
written information to you via the
newsletter and through e-mail.
We are developing a Calendar of Events
for 2008 and will distribute it to all
members in January. Thank you for your
continued support to the CFCA.
Safety Committee Update: The Safety
Committee will be completing tailgate
trainings in both English and Spanish
for membership use by the beginning of
next year. The committee compiled a
series of trainings from their companies
and other member companies to arrive
at a list of topics and to review different
formats. The committee members were
in agreement that the format and trainings that Alex Mercier provided were
excellent. They have agreed to let all
our members use the trainings their
company has developed. Thank you
Alex for this value added service for our
members. Each company will be receiving a copy of the trainings in the mail on
CD and they will be posted on the
CFCA website. They will be sent in a
format that you can add your company
name and modify to meet your organization’s specific needs. Throughout the
year, we will add tailgate trainings for
other topics as needed or requested by
the membership.
If you want to become a member of
the CFCA Safety Committee, please
contact me at (916) 485-3367 or
jblom@iwins.com.
Jodi Blom, CFCA Executive Director
CFCA Newsletter
Plan Your Exit Now So You Have Time To Implement (Part One)
I am a CPA and financial planner and have
the experience of working with dozens of
clients through the process of exiting their
businesses. I am also a business owner as
well and therefore share many of the same
concerns and objectives as members of
CFCA. This is the first of two articles on the
subject of Business Succession in which I
will review the pros and cons of various exit
strategies. In the second article, I will
review the benefits of using an Employee
Stock Ownership Plan (ESOP) as an Exit
Strategy.
What are the most common objectives
business owners want to achieve when
considering a transition of ownership?
My experience indicates the following priorities:
1. Provide a safe and secure retirement for
the selling owner by converting the
value of the business into liquid assets
that are no longer at risk from claims of
creditors, litigants, employees, and reg-
ulators. Recognize that in most cases
this “safe and secure” retirement fund is
net of lots of income taxes paid to the
IRS and the State of California.
2. Provide a benefit to the key employees
that helped make the business a success. I find that most business owners
feel a genuine obligation to reward the
years of loyalty and contribution of key
employees.
Unfortunately,
this
becomes very difficult unless planned
well in advance of a business sale or an
ESOP is established.
3. Continue the legacy of the business.
Most business owners have spent more
of their life building their business than
raising their family. Not only has the
owner benefited from financial success,
but more importantly, he has created
something of value that is a great psychic reward. It is quite natural for the
owner to feel a tremendous sense of
pride for the many lives he has positively impacted over the course of his business stewardship.
Page 7
4. Sell the business over time in two or
three phases. It is very difficult to turn
over the keys to your business on a
Friday afternoon and never come back
again – especially if you are still owed
money from the sale. Although not
always practicable, many of my clients
have sold up to 30% or 40% initially
and continued to work and grow the
business for a period of years. Not only
did this create the “safe and secure”
retirement asset well in advance of
actual retirement, it also resulted in a
more valuable remaining asset to sell at
a later date.
Most business advisors and investment
bankers would list three exit strategies as
the most prevalent among middle market
business owners. My list adds a fourth. The
list, in order of initial owner preference, is:
(a) sell to family members, (b) sell to a third
party, (c) sell to management, and (d) sell to
an ESOP. Each of these alternatives has disContinued on Page 13
Page 8
Don’t Get Nailed by the New Pneumatic Nailer Regulation!
It has been nearly three years since we set out
on a course to update the Nail Gun regulation
after many of us were getting cited for “unattended” nailers and nailers “not in use.”
Well, those days will be gone soon. The new
Title 8, Construction Safety Orders Section
1704 became effective on November 30,
2007. The new regulation was a result of a
consensus reached through the advisory
meeting process which many of the
California Framing Contractors Association
(CFCA) members participated in. As a result
of those efforts, we now have a regulation
which more closely mirrors actual practice in
the field and establishes a nexus with the regulatory requirements and actual hazards.
One of the key components of the new regulation is training. Training is now required
in three major areas: 1) prior to use; 2)
when an employee is observed using a nailer in an unsafe manner (“refresher training”); and 3) when an employee has been
involved in an accident. The training must
be conducted by a qualified person and
include a “hands-on” training component.
At a minimum, the training should include
discussion of your company’s Code of Safe
practices relating to nailers, hazards related
to each mode of actuation (bump fire and
sequential), and basic operating instructions. Proof of this training should be documented in each employee’s personnel file
and made part of your new-hire package.
In addition to the training components, the
new regulation prohibits the removing or
altering of the operating controls and safety
devices on the nailer. Although the regulation no longer includes “unattended” type
language, it does require that the nailer be
disconnected from the air supply when
maintaining, repairing or clearing a jam
from the nailer. Also, the new regulation
requires that the air hose be secured at the
roof level on roof slopes that are steeper
than 7:12. However, the harness and safety
belt requirement on 1/3 pitch roofs was
deleted from the new standard to make fall
protection requirements for nailing on roofs
consistent with the Title 8 Section 1716.2
framing standard.
Below is the standard in its entirety:
CFCA Newsletter
Section 1704. Pneumatically-Driven
Nailers and Staplers.
(a) Definitions.
(1) Light-Duty Nailers and Staplers:
Tools designed to only drive fasteners
meeting both of these requirements:
(A) Fasteners 1-inch nominal length
or shorter.
(B) Fasteners made from wire with
cross sectional area less than 18
ASWG.
(2) Mode of actuation: The use of a trigger, work-piece contact and/or other
operating control, separately or in some
combination or sequence, to actuate the
tool. Modes of actuation include “bump
fire” and sequential modes.
(b) General.
(1) All pneumatically-driven nailers and
staplers shall have a safety device on the
muzzle to prevent the tool from operating
unless the muzzle is in contact with the work
surface, to prevent accidental discharge.
Exception: Light-Duty Nailers and Staplers.
Continued on Page 15
CFCA Newsletter
Page 9
DeBug #7 Revisited – California’s Serious Injury Reporting Requirement
is Alive and Well ... Or, is it?
October 17, 2007
Pop Quiz: Your employee sustained
back injury last August. He has been
treated with medication and various
physical therapy modalities since that
time. The employee has continued working, on modified duty, without further
incident. Last week your worker’s compensation claims summary indicated the
employee is scheduled for surgery today.
The employee has also notified you that
he is set for surgery, will remain in the
hospital for three days and will need the
rest of the week off to recover.
Question: Must you now call your local
Cal/OSHA office to report the employee’s injury and surgery?
Answer: If you don’t, you will be in violation of Title 8 California Code of
Regulations Section 342(a) AND, if
cited, will receive a $5,000 fine.
The Appeals Board has taken (in our
opinion) a reasonable approach in allowing reduction of the $5,000 penalty
attached to every citation for failure to
report a serious occupational injury. Will
the Board take a similarly reasonable
approach when addressing employers’
obligations to report injuries that only
become “serious” well after the original
injury? The issue is ripe for review and
we are hoping for an answer very soon.
California Code of Regulations section
342(a) requires employers to immediately report the serious injuries and illnesses or death of an employee to the
Division. “Immediately” means as soon
as possible and not longer than eight
hours after the employer knows or
should know of the serious nature of the
injury. Section 342(a) also provides that
if an employer can demonstrate that exigent circumstances exist, the time frame
for the report may be made no longer
than 24 hours after the incident (emphasis added).
A serious injury is defined in California
Code of Regulations Section 330(h) as
that which (1) results in death; (2)
requires hospitalization for more than 24
hours for other than observation; (3)
involves the “loss of any member of the
body”; or (4) results in permanent disfigurement.
The issue of whether report of a serious
injury was required when the injury is
not initially “serious” and does not
become "serious" within the 24 hours
following the injury has been addressed
by the Occupational Safety and Health
Appeals Board (OSHAB) in Debug # 7,
Inc. dba Wood-Ply Forest Products
OSHAB 92-1329 Decision After
Continued on Page 16
“Working at Heights”
Safety Manual
Avoid Injuries... Teach Safety!
A must-have safety resource
manual for every employee
working at heights.
Order now for your next safety meeting. All employees
should have one!
Available in black & white at $6.50 each
or full-color at $16.50 each.
Topics In This Manual Include:
• General Safe Practices
• Hanging Joist
• Installing Trusses
• Installing Fascia
• Sheeting
• Wall Framing
Compiled By California Framing Contractors
To Order Please Call:
(909) 989-8550
and we will customize
your Safety Manual
cover with your
company name, logo,
etc. at no additional cost.
CFCA Newsletter
Page 11
Housing Market Projections: Is it anyone’s guess when it will turn around?
It is probably anyone’s guess when the housing market begins to turn around. From the
articles I have read, there are predictions that
the market will remain sluggish in the first
two quarters of 2008 and will begin to have
a slow recovery toward the end of 2008. At
our Northern California meeting, John
Schleimer, President of Market Perspectives,
said from his research that if the economy
remains relatively positive, such as the stock
market remains strong and interest rates continue to remain at relatively low rates, he too
predicts a rebound the end of 2008.
Greg Paquin, the real estate consultant who
spoke at one of our CFCA General
Membership meetings last year, was recently quoted in the January 2008 edition of
Kiplinger’s Personal Finance Magazine in
the article entitled “The Worst is Yet to
Come.” One of the hardest hit areas in the
nation has been Merced, California, located
in California’s Central Valley. After the
announcement that the University of
California was opening a campus in
Merced, homebuyers in search of affordability moved in mass from the Bay Area to
Merced. Close behind the owner occupied
homebuyers were investors who helped
drive up the cost of housing throughout the
region. Many of these investors have now
walked away from the homes as prices
plummeted resulting in a horrendous rise in
foreclosures in that area. Greg Paquin stated
in the article that, “Over the long term,
Merced will thrive. He notes that historically, the U.C. campuses have juiced up local
economies, but it takes time.”
Other California Valley cities impacted similarly to Merced listed in the article was
Stockton, Sacramento, Bakersfield, and
Modesto. This phenomenon is similar to
what the Inland Empire has experienced
with investors purchasing homes in these
relatively affordable locations outside of
expensive areas along the coast. The good
news is these cities should see an eventual
turnaround due to its affordability index
compared to the Bay Area and Los Angeles.
The affordability index measures the housing price and the area income level to determine its index.
Experts in that same article speculate that
we can expect prices to fall another 5%
nationally in 2008 but the market should
bottom out by mid year. Some areas of the
country, such as Las Vegas and Phoenix are
expected to see home prices decrease up to
17% and 15% respectively. Not all housing
is created equal in this scenario. Last year
the average price of condos increased by
1.4%.
Mid sections of the country are expected to
come back sooner than the coastal areas.
Although recession is considered the largest
wild card in the equation, many experts
believe the U.S. economy will skirt around
the edge of it.
The Joint Center of Housing Studies at
Harvard University recently published a
report, “Projecting the Underlying Demand for
New Housing Units: Inferences from the Past,
Assumptions about the Future.” In this 48page report, between the years 2005 to 2015, it
is projected that 14.6 households will be added
in the U.S. They cite that some of the reasons
for this increase is due to immigration, replacement of aging housing, and the baby boomers
demand for second homes. Hispanics and
other minorities are expected to propel household growth. This is good news for California;
however; affordability will continue to be the
challenge.
If the experts are right, the housing market
should begin to turn around the last two
quarters of 2008. Let’s hope it is no longer
than what they speculate.
Researched by Jodi Blom
Page 12
CFCA Newsletter
Court of Appeal Provides Limited Victory in California Wage and Hour Wars
For the last several years, California
employers have been fighting numerous
wage and hour lawsuits involving claims
that employees did not receive their meal
and rest breaks. Many of these lawsuits
have resulted in multimillion dollar verdicts and settlements and have made headlines. These headlines have raised the
awareness of employees and trial attorneys and led to further increases in the
number of lawsuits.
As a result, employers have been looking
to the courts for some relief. An ongoing
question has been whether employers
have to ensure that their employees take
meal breaks, or whether they merely need
to authorize employees to take these
breaks. The outcome of one recent case,
Brinker Restaurant v. Superior Court, was
eagerly anticipated by employers because
it was expected to address this issue.
While the Brinker decision did not finally
decide the issue, the court appeared to tip
its hand on how it would resolve this
question. Although it left that issue for
another day, the case did provide much
needed guidance on defeating class
actions involving rest period claims. The
Brinker case should be viewed as good
news for California employers defending
wage and hour lawsuits.
Background
Brinker operates numerous restaurants
throughout California, including Chili’s,
Macaroni Grill and Maggiano’s Little
Italy. The plaintiffs, restaurant employees,
filed a class action lawsuit on behalf of all
of Brinker’s hourly employees claiming
that they were denied meal and rest
breaks, among other wage and hour
claims. In July 2006, the trial court certified a class of approximately 60,000 current and former Brinker employees.
Brinker thereafter appealed the decision to
the Court of Appeals, which reversed the
trial court.
Rest Breaks
The Court of Appeals first addressed the
plaintiffs’ claims that they did not receive
proper rest breaks. Labor Code Section
226.7 provides that “No employer shall
require any employee to work during any
meal or rest period mandated by an applicable order of the Industrial Welfare
Commission.” The Industrial Welfare
Commission Wage Orders provide that
employers must “authorize and permit”
employees to take rest periods, which
“insofar as practicable” shall be in the
middle of each work period. The rest period is based on the total hours worked each
day at the rate of ten (10) minutes net rest
time per four hours or major fraction
thereof. A rest period need not be authorized for employees who work less than
three and one-half hours.
Plaintiffs claimed that Brinker’s rest
break policy violated the law because the
policy did not make a rest break available
to employees until after they worked at
least four hours and because it did not
provide for a rest break before the first
meal period. The trial court found that the
issue of Brinker’s obligations under the
Labor Code with respect to rest breaks
was a common enough issue to justify
Continued on Page 18
CFCA Newsletter
Plan Your Exit Now So You Have Time To Implement
Continued from Page 7
tinct pros and cons that may differ among
individual business owners. Here is how I
score the first three exit strategies when
compared to the list of exiting business
objectives:
Selling to Family Members – This is the
surest means to secure the legacy of the
business, but also one fraught with the most
risk to the seller and the worst record of
success. It also may allow for transition of
ownership over time. The critical questions
are:
1. Can family members successfully operate your company? Will all family
members be active, contributing owners or will some just be passive owners?
There are resolutions for some of these
concerns, but they are complicated.
2. Do family members have the money to
buy your company? In almost all cases,
the answer is no. If this is your situation, then are you really headed down
the path to a “safe and secure” retire-
ment? Have you really resolved estate
liquidity issues when you take back a
BIG note receivable for the sale of your
business?
3. Will the “non-family” key management
work for your children? By selecting
this alternative, have you limited the
opportunities for these managers?
4. How will banking and bonding relationships be impacted? Will you need to
continue to guarantee these lines?
Remember, your “friendly tax man” has a
role in this alternative. Your proceeds are
taxable as collected (generally at capital
gain rates – approximately 25% between
Federal and State, but more importantly,
your children (the buyer) may need to earn
as much as $1.80 for every $1.00 of purchase price you are paid. Can they operate
the business well enough to cash flow the
payments to you?
Selling to a Third Party – This alternative
may yield the highest purchase price
Page 13
(Strategic vs. Financial value), but you will
need to negotiate hard for the most favorable terms so you have as little purchase
consideration at risk as possible.
Unfortunately, this choice scores the lowest
on achieving the other owner objectives:
1. The legacy of your company is not likely to continue.
2. In almost all cases, the transition is all at
once.
3. Your key managers are usually replaced
within 18 months. This is not because
they did not perform. You must realize
a buyer always “knows better” than you
and your management about how to
make your company successful.
4. Buyers look for “consolidation” benefits
which results in more employee dislocation or relocation of your headquarters to another city.
Since most third party buyers will only
agree to an asset purchase vs. a stock purContinued on Page 14
Page 14
Plan Your Exit Now So You Have Time To Implement
Continued from Page 13
chase, you may have some of your purchase
price taxed at ordinary income tax rates,
while the majority of the gain will still be
taxed at capital gain rates.
Selling to Management – This alternative
has the most positive characteristics of the
first three strategies:
1. The legacy of your company can continue.
2. You have the opportunity to reward key
employees by making them owners.
3. It is likely that all your employees will
retain their positions and the company
will not be relocated.
4. You can transition ownership over a
period of time.
There are, however, some important concerns with this alternative:
1. Does management have the money to
buy your company? In almost all cases,
the answer is no. If this is your situation, then are you really headed down
the path to a “safe and secure” retirement? Have you really resolved estate
liquidity issues when you take back a
BIG note receivable for the sale of your
business?
2. Does management want to take the risk
of ownership? It is reasonable that you
ask them to pay some of the purchase
price in cash and personally guarantee
the promissory note. They may also
have to guarantee the bank credit line.
Given the ages of your management
team, do they really want to buy your
company?
Remember, your proceeds are taxable as
collected (generally at capital gains rates –
approximately 25%), but more importantly,
management may need to earn as much as
$1.80 for every $1.00 of purchase price you
are paid. Can they operate the business well
enough to cash flow the payments to you?
In the next article, I will present the ESOP
concept and you will see that this fourth
alternative scores the highest of all from the
CFCA Newsletter
perspective of meeting business ownership
transition objectives AND overcoming
much of the income tax burden of selling.
Ownership planning is equally as important
as business planning. If you ignore both,
you will not achieve the success you
deserve for all you hard work and you will
struggle dearly with how to convert the
value of your business into liquid assets.
Focus on this notion of Ownership Planning
– Create the ability to leave your business
under the most favorable conditions. I wish
I could claim credit for this quote, but I
found it in a great book on the subject –
How To Run Your Business So You Can
Leave It In Style – John H. Brown.
James D. Roorda, Roorda, Piquet &
Bessee, Inc., Certified Public Accountants,
5995 Brockton Avenue, 2nd Floor,
Riverside, CA 92506; Telephone (951) 6847781; Fax (951) 684-2921; Firm e-mail:
rpb@rpbcpa.com
CFCA Newsletter
Don’t Get Nailed by the New Pneumatic Nailer Regulation!
Continued from Page 8
(2) All pneumatically-driven nailers and
staplers shall be operated and maintained in accordance with the manufacturer’s operating and safety instructions.
(3) Personal protective equipment shall
be utilized in accordance with
Construction Safety Orders Section 1514.
(4) Operating controls shall not be
removed, tampered with, altered, or otherwise disabled.
(5) Pneumatically-driven nailers and staplers shall be connected to the air supply
with a safety disconnect that consists of a
spring loaded shut-off valve and a positive
locking mechanism to prevent the tool
from becoming accidentally disconnected.
(6) Tools shall be equipped with a fitting
that will discharge all compressed air in
the tool at the time the fitting or hose
coupling is disconnected.
(c) Pneumatically-driven nailers and staplers shall be disconnected from the air
supply at the tool when:
(1) performing any maintenance or
repair on the tool, or
(2) clearing a jam.
(d) On roofs sloped steeper than 7:12, the
air hose shall be secured at roof level in
such a manner as to provide ample, but
not excessive, amounts of hose.
(e) All pneumatic hoses exceeding 1/2-inch
inside diameter shall have a safety device at
the source of supply or branch line to
reduce pressure in case of hose failure.
(f) The employer’s written Code of Safe
Practices shall include provisions for the
use of pneumatically-driven nailers and
staplers where applicable.
(g) Training.
(1) The requirements of this Section shall
apply in addition to training required by
Construction Safety Orders, Section
1509, and General Industry Safety
Orders, Section 3203(a)(7).
(2) Safety training shall be conducted
prior to initial assignment to operate
pneumatically-driven nailers or staplers.
(3) Refresher training shall be provided
to the operator when:
(A) The operator has been observed
using the pneumatically-driven nailer
Page 15
or stapler in an unsafe manner; or
(B) The operator has been involved in
an accident.
(4) Safety training shall include, but not
be limited to, the following elements:
(A) The employer’s Code of Safe
Practices for pneumatically-driven
nailers or staplers.
(B) The hazards related to each mode
of actuation for pneumatically-driven
nailers and staplers.
(C) Hands-on training to verify that
the operator understands the operating and safety instructions.
(5) Training shall be conducted by a
qualified person.
The CFCA produced a sample training document and code of safe practices that coincides with the new nailer regulation. The
sample documents are currently available to
CFCA members through the web site.
If you have any questions, please feel
free to contact Kevin D. Bland, Esq. at
(949) 861-4100 or e-mail him at
Kevin.Bland@GBLaws.com.
Page 16
CFCA Newsletter
DeBug #7 Revisited – California’s Serious Injury Reporting Requirement
is Alive and Well ... Or, is it?
Continued from Page 9
Reconsideration (June 26, 2005). The
Appeals Board’s response to that inquiry
was a resounding YES.
Debug #7 involved an appeal of a
citation for failure to report an
employee’s injury. The employee in
that case sustained an injury on May
21, 1991. The injury did not become
“serious” until the employee underwent a surgery on October 9, 1991.
Employer was advised of the surgery,
by its worker’s compensation carrier
in an insurance claims status report,
on October 24, 1991.
Debug #7 argued that because the
injury was not "serious" within the 24
hours following the incident, it had
no duty to report the injury to the
Division. The Appeals Board reject
this argument, concluding that it is
the date the employer becomes aware
of the seriousness of the injury that
triggers the reporting requirement and
that the date of the incident is not relevant to the reporting time line.
Interestingly, the Appeals Board supported this conclusion by explaining
that the purpose of the regulation is to
provide for timely inspection by the
Division of potentially dangerous
conditions or equipment that may
pose a hazard to other employees. The
Appeals Board reasoned that such a
risk could be present even though a
serious injury is not manifest within
the first 24 hours following an incident or exposure.
How the purpose of the regulation was
to be served by requiring reporting of
a back injury that became surgical,
and therefore ”serious,” five months
post injury was not addressed by the
Board. Further, the Board provided
employer with no guidance as to when
its duty to follow its employee’s condition ends, if ever.
Fast forward to September, 2007. The
Division issued a citation to the City
of Santa Rosa for failing to report the
serious injury of an employee. (Read
our original article on this issue:
“When in Doubt, Report: Not So
Fast,” reprinted on our website with
the permission of the Cal/OSHA
Reporter. The City’s appeal of the
citation was submitted to an OSHAB
Administrative Law Judge (ALJ) by
stipulation of facts and for a decision.
The facts of that case, as agreed upon by
the parties, are as follows:
February 22, 2002: City employee sustains an industrial injury. The injury was
Continued on Page 17
CFCA Newsletter
DeBug #7 Revisited – California’s Serious Injury Reporting Requirement
is Alive and Well ... Or, is it?
Continued from Page 16
not “serious” as defined by Title 8 CCR
section 330(h);
June 14, 2002: Employee undergoes a
surgery as a result of the 2/22/02 injury.
The surgery required hospitalization for
more than 24 hours;
July 22, 2002: City is advised of
Employee’s surgery when it receives a
copy of a physician’s letter summarizing Employee’s post-operative examination and referencing the June 14th
surgery. City did not report
Employee’s surgery or hospitalization
to the Division;
October 1, 2004: Employee reported her
injury and surgery to the Division;
March 4, 2005: The Division issues
a citation to City for failure to
report Employee’s injury.
The ALJ’s decision, issued September
15, 2007, upholds the citation. Citing
the reasoning of Debug #7, the ALJ
rejects the City’s argument that
requiring employers to follow
employee conditions indefinitely to
ensure that they do not become “serious” in no way serves the purpose of
the reporting regulation. The City’s
argument that the OSHAB should
interpret the regulation pursuant to the
federal model requiring reporting of
injuries that become serious within
the first 30 days of the incident was
also rejected as being within the
authority of the Standards Board, not
the Appeals Board.
So, for now, the serious injury reporting requirement is alive and well. The
parties, including the full Appeals
Board, have 30 days from the date of
this decision to file a Petition for
Page 17
Reconsideration. We believe this issue
is in need of review. We will be watching to see if we are not the only ones.
October 25, 2007 – Update
The Occupational Safety and Health
Appeals Board has decided, on its own
motion, to reconsider the decision issued
in Santa Rosa City Transit and Parking
Department. That decision upheld the
rule that employers are bound to report
injuries when they become “serious,”
even if it is years after the event.
Fred Walter and Lisa Prince, The
Walter Law Firm, 489 Powell Avenue,
Healdsburg, CA 95448; Toll Free (866)
820-7900; www.walterlaw.com
Page 18
CFCA Newsletter
Court of Appeal Provides Limited Victory in California Wage and Hour Wars
Continued from Page 12
class treatment.
The Court of Appeals reversed the trial
court’s ruling. The Court explained that
because the applicable Wage Order provides only that rest periods should be
scheduled in the middle of each work
period “insofar as practicable,” “the propriety of permitting a rest break near the
end of a typical four-hour work period
depends on whether the scheduling of
such a rest break was practicable in a
given instance, and thus cannot be litigated on a class basis.”
In addition, the Court noted that employees can waive rest breaks and that
employers do not have an obligation to
ensure that employees take rest breaks.
The Court therefore found that the issue of
whether Brinker actually denied rest
breaks to any employees had to be examined on a case-by-case basis and not on a
class basis.
Meal Breaks
With respect to meal breaks, the plaintiffs
claimed that Brinker: (1) violated the law
by requiring employees to take lunch
early, often at the very beginning of their
shift, (2) needed to provide a meal break
every five hours on a “rolling” basis, and
(3) was required to ensure that its hourly
employees actually took their meal periods. The trial court certified the plaintiffs’
meal period claims as a class action.
The Court of Appeals again reversed the
trial court’s decision and rejected the
plaintiffs’ “early lunching” claims and the
contention that employers must provide
meal breaks on a rolling five-hour basis.
The Court noted that employers need only
provide one meal period for any work
period less than ten hours.
The Court was unwilling, however, to rule
on the issue of whether employers must
ensure that employees actually took meal
breaks, as opposed to merely authorizing
breaks. Labor Code Section 512 states:
“An employer may not employ an
employee for a work period of more than
five hours per day without providing the
employee with a meal period of not less
than 30 minutes, except that if the total
work period per day of the employee is no
more than six hours, the meal period may
be waived by mutual consent of both the
employer and the employee. An employer
may not employ an employee for a work
period of more than 10 hours per day
without providing the employee with a
second meal period of not less than 30
minutes, except that if the total hours
worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the
employee only if the first meal period was
not waived.”
The question is what is meant by the term
“providing” in this section. The plaintiffs
argued that this meant that employers
must ensure that employees take their
meal breaks. The trial court had not analyzed this issue, and therefore, the Court
sent the case back to the trial court for
consideration. In doing so, however, the
Continued on Page 19
CFCA Newsletter
Page 19
Court of Appeal Provides Limited Victory in California Wage and Hour Wars
Continued from Page 18
Court strongly implied how it expected
the trial court to rule on the issue. For
example, it referred the trial court to the
dictionary definition of “provide” which
states to “make available.” The Court also
referenced a recent federal court decision,
White v. Starbucks, which did consider
the issue and held that employers need
only authorize meal breaks. In Starbucks,
the court held that employers need only
offer meal breaks, and that employees
must show that they were actually forced
to forego meal breaks in order to state a
claim for meal break violations. By citing
Starbucks, the Court appeared to be suggesting that the trial court should find, as
the court in Starbucks did, that employers
need only provide meal breaks, they need
not ensure that employees take them.
Conclusion
Although the Brinker decision is currently
unpublished, and therefore cannot be
relied upon as authority in other cases, our
firm has requested that the Court of
Appeals publish the decision.
Even if it remains unpublished, the
Brinker decision still provides important
lessons for employers. First, the decision
signifies that employers with policies
authorizing rest breaks (and that follow
these policies) are in a strong position to
defend against and possibly defeat class
action rest break claims.
Second, although the Court sent the issue
of what employers must do to “provide”
meal breaks back to the trial court, the
guidance the Court gave to the trial court
on this issue suggests that the issue may
ultimately be decided in favor of employers.
Until then, the Brinker case is yet another
reminder of the importance of complying
with the meal and rest break requirements
under California law.
If you have any questions regarding this
alert or strategies to avoid meal and rest
period lawsuits, please contact the attorneys in AALRR’s Employment Services
practice group.
Scott K. Dauscher and Christopher S.
Milligan are with Atkinson, Andelson,
Loya, Ruud & Romo, a Professional Law
Corporation in Cerritos, California; telephone
(562)
653-3200;
Website
www.aalrr.com.
Thank you to our
Underwriters:
B&B Framing, Inc.
County Line Framing
Lucas & Mercier
Construction
Preferred Framing, Inc.
Rancho Framing, Inc.
Select Build
T.W.R. Framing
Trico Framer, Inc.
Page 20
CFCA Newsletter
CFCA Newsletter
Response Letter to Builders Regarding Drywall Finishes
Page 21
The CFCA Board of Directors drafted the letter contained below which addresses a bulletin issued this year that recommends framing contractors make adjustments in their framing practices to eliminate uneven drywall finishes due to
metal straps. If your builder has approached your organization regarding this issue, please use the following letter for
your response. If you need an electronic version of this letter, please contact either Jodi Blom or Melanie Thomson.
(Your Company Name on Company Letterhead)
RE: RESPONSE TO RDA BULLETIN ON METAL STRAPS
In a recent article contained in the Residential Drywall Bulletin entitled “Installation of Drywall over Metal Straps,”
problems and recommendations were made to improve the quality of the finished drywall product. As a member of the
California Framing Contractors Association (CFCA), we would also like to contribute some additional comments and
recommendations that we believe will address the problem of installing and finishing drywall over non-level surfaces
that would improve the end product for the building industry.
The CFCA recognizes that the building code requirements have changed over the past few years which increase the use
of metal straps on both the underside of ceiling joists or trusses and on walls making it more challenging for drywall
contractors to create visually straight surfaces. This is more of a problem where angled lighting magnifies any inconsistencies.
The article argues that adding a nailer to the joist or truss where there is a parallel strap will solve the issue. However
this practice creates another problem, the perpendicular ends of that nailer at the ceiling and wall intersection will create a dip in the ceiling line. The article argues that cutout areas filled with “Hot Set” are ineffective; however, it is our
opinion that if “back cutting” the drywall is not possible, then resilient channel would be the only viable solution for a
straight ceiling line. If the back cutting is done properly, filling with “Hot Set” would not be necessary.
The Gypsum Association guidelines recommends in Section GA-214-96 entitled “Recommended Levels of Gypsum
Board Finish” that where imperfections are most noticeable, such as in illuminated ceiling areas, “…a skim coat be
applied over the entire surface to fill imperfections in the joint work, smooth the paper texture, and provide a uniform
surface ...” (page one). We believe that this is the most consistent solution to creating a finished product that improves
the quality and durability of the finished drywall product. Proper paint finish and appropriate paint coverage will also
diminish noticeable flaws in any surface area.
Because the framing of the home is completed in the early stage of the home’s construction, it is impossible to determine where lighting or illumination will occur in the various areas of the home until the drywall is installed and complete. We feel this can best be addressed prior to installation of the drywall and after rough electrical has been completed. The RDA recommends that shims are needed where hardware has been installed. If the builder believes this is the
better solution then we would recommend that the shims be installed by the drywall company of record.
Page 22
CFCA Newsletter
Page 23
CFCA Newsletter
Burbank Branch
2901 Thornton Ave.
Burbank, CA 91504
Ph: 818-842-3667
Fax: 818-842-3668
Signal Hill Branch
2855 Walnut Ave.
Signal Hill, CA 90755
Ph: 562-427-7250
Fax: 562-427-8366
Riverside Branch
1672 Palmyrita Ave.
Riverside, CA 92507
Ph: 951-248-1200
Fax: 562-427-8366
Corona Branch
650 Rimpau Ave.
Corona, CA 92879
Ph: 951-272-3146
Fax: 951-272-9237
CFCA Newsletter
Page 24
Page 25
2008 CFCA Framing Contractor Members
(Listed in alphabetical order)
Debbie Adams
Nicholas Lane Contractors, Inc.
(714) 630-7630
Adam Aguilar
Select Build Northern California
(707) 249-2291
Frankie Allen
Preferred Framing, Inc.
(909) 291-8061
Scott Anderson
Surco Development
(951) 785-6214
Craig Backstrom
Surco Development
(951) 785-6214
Mark Benedetti
Select Build Southern California
(760) 770-3303
Tim Boggess
MBC Construction, Inc.
(714) 437-0803
Gene Bolton
Pinnacle Builders, Inc.
(916) 372-5000
Tom Brooks
BCI Framing & Drywall
(714) 282-2300
Joe Bunker
B&B Framing, Inc.
(951) 653-7680
Ronald Buroker
Madera Contractors
(951) 677-1844
Robert Calhoun
Calhoun Construction, Inc.
(916) 434-8356
Thomas Calhoun
Calhoun Construction, Inc.
(916) 434-8356
Dennis Cardwell
Coast Framing, Inc.
(951) 734-3898
Wayne Carey
C.W. Construction, Inc.
(909) 989-9099
Brian Christianson
Cal Coast Construction
(805) 987-4062
Glen Davies
GDT Framing, Inc.
(951) 273-7000
Dale DeCarlo
Preferred Framing, Inc.
(909) 291-8061
Dennis DeLucio
RND Construction, Inc.
(760) 599-6400
CFCA Newsletter
Bill Dickinson
County Line Framing
(909) 795-7798
Patrick McCarthy
McCarthy Framing Construction, Inc.
(310) 219-3038
Rick Eberhardt
Ridgeline Framing Corp.
(925) 606-1012
Rick Mercier
Lucas & Mercier Construction, Inc.
(949) 589-4480
Neal Drinkward
Elliott/Drinkward Construction, Inc.
(310) 534-4554
James Elliott
Trico Framers, Inc.
(951) 278-1393
Matthew M. Ellison
Ellison Framing, Inc.
(925) 634-8576
Leann Evoniuk
Ellison Framing, Inc.
(925) 634-8576
Frank Mercier
Lucas & Mercier Construction, Inc.
(949) 589-4480
Greg Minor
Greg Minor Construction
(760) 745-0673
Bill Montalvo
Mon-May Enterprises, Inc
(909) 874-2372
Steve Mosiman
Sheehan Construction, Inc.
(707) 603-2610
Marc Fabre
BCI Framing & Drywall
(714) 282-2300
Ken Munson
Lucas & Mercier Construction, Inc.
(949) 589-4480
Howard Haig
Hondo Construction & Dev./Howard Haig, Inc.
(951) 845-3007
Jim Post
Preferred Framing, Inc.
(909) 291-8061
Howard Horrocks
Pinnacle Builders, Inc.
(916) 372-5000
Thomas W. Rhodes
T.W.R. Framing
(951) 279-2000
John Ford
Ford Framing Company, Inc.
(909) 773-0303
Dave Hale
Rancho Framing, Inc.
(951) 688-1391
Kurt Jordan
RND Construction, Inc.
(760) 599-6400
Robert Keele
WestCor Construction
(909) 796-8900
Donna Porter
Coast Framing, Inc.
(951) 734-3898
Paul Rakowski
Cal Coast Construction
(805) 987-4062
John Romero
JR Framing, Inc.
(951) 340-1999
Loren Sextro
Serfin Construction, Inc.
(562) 438-2683
Richard Kimball
Quality Structures, Inc.
(951) 296-5655
Scott Shaddix
Nicholas Lane Contractors, Inc.
(714) 630-7630
John Lewis
Select Build Southern California
(760) 770-3303
Steve Smith
Stevco Framers, Inc.
(951) 697-0144
David Marsh
Select Build Southern California
(858) 486-2471
Jim Snodgrass
CBC Framing, Inc.
(818) 718-2094
Rocky King
Rockwell D. King Construction, Inc.
(760) 598-9500
Roger Marin
RJM Construction, Inc.
(909) 794-8853
Steve Marshall
Rancho Framing, Inc.
(951) 688-1391
Doug Smith
EBI Framing
(909) 605-6691
Valerie Smith
Stevco Framers, Inc.
(951) 697-0144
Ron Stettler
Surco Development
(951) 785-6214
CFCA Newsletter
Amy Strommer
T.W.R. Framing
(951) 279-2000
David Tudor
GDT Framing, Inc.
(951) 273-7000
Dave Van Wicklin
Select Build Northern California
(916) 724-5000
Ben Viloria
Viloria Construction
(949) 859-3486
John Vojtech
CBC Framing, Inc.
(818) 718-2094
John Volkman
Select Build Northern California
(916) 724-5000
Ray Wakeham
RND Construction, Inc.
(760) 599-6400
Harold Watson
Select Build Southern California
(951) 277-4023
John Williams
Rancho Framing, Inc.
(951) 688-1391
Steve Wilson
Socal Framing, Inc.
(714) 978-7871
2008 CFCA Framing Associate Members
(Listed in alphabetical order)
Dick Harris
Wesseln Construction Co., Inc.
(714) 772-0888
Fred Hovenier
Laurence-Hovenier, Inc.
(909) 736-2990
Ron Laurence
Laurence-Hovenier, Inc.
(909) 736-2990
2008 CFCA Associate Members
(Listed in alphabetical order)
Jeremy Agrelius
Grove Lumber
(909) 947-0277
Dennis Ascencio
HCS-Cutler
(909) 987-0094
Bud Barr
White Cap Construction Supply
(714) 259-1913
Randy Beck
White Cap Construction Supply
(800) 286-7607
Ken Bell
Simpson Strong-Tie Co., Inc.
(714) 738-2062
Page 26
Jason Besse
84 Lumber Co.
(925) 828-8410
Rusty Goger
PRO Installer - Schnee-Morehead, Inc.
(909) 930-2715
Julie Branstetter
ABD Insurance & Financial Services, Inc.
(310) 543-9995
Carlos Gonzalez
Dixieline Lumber Co.
(619) 684-4600
Mark Boone
Champion Lumber Co.
(951) 684-5670
Dan Burkhart
Quik Drive USA (Simpson Strong-Tie)
(714) 738-2166
Rick Carwile
California Forklift Co.
(714) 635-7911
Eric Golden
California Forklift Co.
(714) 635-7911
David Goodin
Hardy Frames, Inc.
(805) 477-0793
Dee Dee Graham
Louisiana-Pacific Corporation
(916) 663-4115
Diane Chambers
ORCO Construction Supply Co., Inc.
(909) 824-1244
Joel Graves
ABD Insurance & Financial Services, Inc.
(949) 509-6515
Ken Cloyd
California Truss Company, Inc.
(951) 657-7491
Paul Haacke
Grove Lumber
(909) 947-1312
Curtis Claire
Universal Truss, Inc.
(951) 634-1068
David Gross
84 Lumber Co.
(949) 295-3283
Tom Couch
Boise Engineered Wood Products
(916) 363-2429
Brian Haena
USP Structural Connectors
(916) 983-5257
Bill Dage
ORCO Construction Supply Co., Inc.
(909) 824-1244
Steve Hawkins
California Truss Company, Inc.
(951) 657-7491
Tommy Ebberts
Grove Hardware
(909) 947-0277
Tom Herold
Safety Compliance Company
(909) 239-9442
Steve Croll
Grove Hardware
(909) 947-0277
Mark Davis
iLevel by Weyerhaeuser
(909) 465-1206
James Harrington
James Truss Co.
(951) 736-3962
Kirk Herold
Safety Compliance Company
(951) 924-7926
Kathy Ellis
Hardy Frames, Inc.
(805) 477-0793
Will Higman
Reliable Wholesale Lumber, Inc.
(714) 848-8222
Jorge Espinoza
84 Lumber Co.
(909) 820-3213
Bryant Hope
Paslode
(800) 468-7403
Ron English
James Truss Co.
(951) 736-3962
Charles W. Hippenstiel
Safety Compliance Company
(951) 924-7926
Gary Foster
White Cap Construction Supply
(714) 258-3300
Brian Hurdle
Collins Companies
(916) 786-9161
Bill Gates
GatesCo Enterprises, Inc.
(909) 477-6630
Brent Johnson
Home Lumber Company/Stock Building Supply
(909) 381-1771
Steve Foster
MFM Building Products
(800) 882-7663
Stephani Jarvis
Collins Companies
(602) 476-7390
Page 27
Milton E. Johnson
Home Lumber Company/Stock Building Supply
(909) 381-1771
Dennis Pettigrew
Universal Truss, Inc.
(760) 744-7860
CFCA Newsletter
Lovell Williams
iLevel by Weyerhaeuser
(909) 879-2523
Jim Julian
Champion Lumber Co.
(951) 684-5670
Travis Post
Comet Engineering, Inc.
(909) 322-8563
Keith Williamson
InterWest Insurance Services, Inc.
(800) 232-9181
Jeff Konek
Hardy Frames, Inc.
(805) 477-0793
Bill Reavely
Boise Building Solutions
(951) 303-8351
Misty Wootten
Reno Hardware & Supply, Inc.
(562) 427-7250
Bob Kircher
Las Plumas Lumber & Truss Co., LLC
(951) 681-2211
Jeff Qualle
Universal Truss, Inc.
(209) 869-4545
Jim Lawrence
Lockton Insurance Brokers, Inc.
(213) 689-0541
Randall C. Richards
Reliable Wholesale Lumber, Inc.
(714) 848-8222
Rock Lee
Dixieline Lumber Co.
(619) 684-4000
Kevin Schoonhoven
InterWest Insurance Services, Inc.
(408) 522-5500
John Lightfoot
InterWest Insurance Services, Inc.
(800) 232-9181
Bob Seiple
PRO Installer - Schnee-Morehead, Inc.
(972) 355-1014
Tom Lopez
iLevel by Weyerhaeuser
(909) 877-6100
Ted Smith
Champion Lumber Co.
(951) 684-5670
Loren Lee
84 Lumber Co.
(866) 282-3484
Walter Lee
Lockton Insurance Brokers, Inc.
(213) 689-2305
Galen Longley
Simpson Strong-Tie Co., Inc.
(209) 944-1068
Mike Ruede
California Truss Company, Inc.
(951) 657-7491
John Schuster
California Forklift Co.
(714) 635-7911
Tammy Simonds
iLevel by Weyerhaeuser
(760) 434-3374
Michael Wootten
Reno Hardware & Supply, Inc.
(562) 427-7250
Mike Young
ORCO Construction Supply Co., Inc.
(909) 824-1244
2008 RCA Members
(Listed in alphabetical order)
Debbie Adams
Lane Framing Systems, Inc.
(714) 630-7686
John Chipinka, Jr.
Kane Construction
(818) 773-6330
Leo Cook
B.B.B. Industries
(661) 257-4112
Wayne Crawford
Santa Clarita Concrete
(661) 257-4100
Rick Denger
New Mid-Coast Builders, Inc.
(805) 484-3157
Carlton Elliott
Empire Development
(949) 646-7400
Bob Lowe
Louisiana-Pacific Corporation
(702) 523-7192
Frank Snoddy
USP Structural Connectors
(909) 981-3093
Gary Messenger
No Leaks, Inc. - MFM Building Products
(909) 622-0654
Richard Stamsek
James Hardie Building Products
(661) 492-6068
Ernie Glasgow
Letner Roofing Co. and Ramish Supply Co.
(714) 633-0030
Mitch Mitchell
Reliable Wholesale Lumber, Inc.
(714) 848-8222
Tony Tarantino
Paslode
(800) 468-7403
Doug Hoppe
Superior Framing, Inc.
(805) 462-2113
Chris Thoman
Simpson Strong-Tie Co., Inc.
(714) 738-2065
Dan Knechtli
Side-Co.
(661) 269-0958
Cynthia Marriot
ABD Insurance & Financial Services, Inc.
(949) 509-6515
Pete Metzen
PRO Installer - Schnee-Morehead, Inc.
(909) 930-2715
Brent Spates
Spates Fabricators
(760) 397-4122
Patrick Stewart
Reno Hardware & Supply, Inc.
(909) 272-3146
Wayne Nailon
Home Lumber Company/Stock Building Supply
(909) 381-1771
John Taylor
Louisiana-Pacific Corporation
(916) 624-3947
Timothy J. Noonan
Lockton Insurance Brokers, Inc.
(213) 689-0541
Tom Wall
Paslode
(800) 468-7403
Kurt Nicolai
Reno Hardware & Supply, Inc.
(562) 427-7250
Kim Fromer
Fromer, Inc.
(818) 341-3896
Ed Holmes
Cove Builders, Inc.
(714) 436-2973
Larry Kern
Weslar, Inc.
(661) 702-1362
Gary McArthur
G.L.M. Company
(562) 787-0257
CFCA Newsletter
Dear CFCA Members:
Attached is the new I-9 form. You can also get both the form
and the employer handbook at www.uscis.gov or you can call
(800) 870-3676. For questions on immigration laws, regulations,
and procedures, call the National Customer Service Center at
(800) 375-5283.
Five documents have been removed from List A of the List of
Acceptable Documents:
1. Certificate of US Citizenship (Form N-560 or N-570)
2. Certificate of Naturalization (Form N-550-or N-570)
3. Alien Registration Receipt Card (Form I-151)
4. The unexpired Reentry Permit (Form I-327)
5. The unexpired Refugee Travel Document (Form I-571).
One document was added to List A of the List of
Acceptable Documents:
1. Unexpired Employment Authorization Document (I-776)
Employers are encouraged to use the new I-9 Form immediately for
new hires and when re-verifying employees when their existing
documents have expired. Employers do not need to complete new
forms for existing employees. The revised Form I-9 will become
effective once the notice is published in the Federal Register but
employers are encouraged to begin using this immediately.
Jodi Blom, CFCA Executive Director
Page 28
Page 29
CFCA Newsletter
CFCA Newsletter
Fall Protection Guidebook
For additional copies of the
Fall Protection Guidebook, please
contact AlphaGraphics at
(909) 989-8550 or
via e-mail at
us117@alphagraphics.com
Members will receive
the book at cost @ $24.95 each, plus
shipping & handling.
Non-Members will receive
the book @ $49.95 each, plus
shipping & handling.
You will also receive a 10% discount
when ten or more copies are ordered.
Page 30
C009G Framer Safety Video
English or Spanish 16min • $69.95
Discount to newsletter recipients – $50.00
Orientation program for
persons assigned to framing.
Meets training requirements of exposure to general hazards.
To Order Contact:
Gail at Digital 2000, Inc.
(800) 334-1523
Fax (281) 988-8900
www.trainingprofessionals.com
Page 31
CFCA Newsletter
CFCA Newsletter
Page 32
General Member Benefits
2008 New Member Benefit – The CFCA Board of Directors will be hiring an expert on immigration to
assist our members in complying with the Department of Homeland Securities and the U.S. Immigration
and Custom Enforcement Division requirements. The attorney will provide educational seminars and provide information through the quarterly newsletter in 2008.
Representation with Cal/OSHA and Other State Agencies – Kevin Bland, CFCA Legal Counsel, and
Jodi Blom, CFCA Executive Director, attend meetings on behalf of the members at the various State
agency meetings held throughout the State and the Cal PASC Government Affairs Committee. Kevin
Bland is also a member of the Cal/OSHA Directors Advisory Committee and represents the Association
at the AGC Safety Council.
Reduced Legal Costs – As a CFCA member, you receive a reduced fee of 10% off the regular hourly
charge for Kevin Bland, our CFCA Legal Counsel. You can reach Kevin Bland at (949) 861-4100.
Safety Committee – Our Safety Committee, made up of Framing Contractor Safety Professionals, developed an extensive training for foremen that replaces the Fed/OSHA 10 Course. The training is specifically geared to residential framing. The 8 Core Elements of Real World Safety & Health for Residential
Framing is offered through the Safety Center. For Train-The-Trainer or open enrollment classes, please
call (800) 825-7262.
Safety Tailgate Trainings – The CFCA Safety Committee has developed a series of tailgate trainings that
are available to its members through the CFCA website. Please contact Jodi Blom or Melanie Thomson
(our Membership Coordinator) for assistance if you have lost your access code.
Safety – Safety Compliance Company will provide our members with a comprehensive Injury Illness
Prevention Plan (IIPP) at a reduced rate of $700 and a site inspection for $225 per site. Please contact Tom
Herold at (800) 901-7926.
Training & Education – We have established a committee to develop training for our members on safety, carpentry, and new products for our industry. Currently, we provide education through our General
Membership meetings on contract language; wrap insurance, and other related topics. We also provide
members with working documents for their company’s use, such as sample IIPP, Code of Safe Practices,
contract language guidelines, Nail Gun Safe Practices Guidelines, and addendums. As a CFCA member,
you can retrieve these documents on our web site at www.californiaframingcontractors.org.
Fall Protection Standard Pictorial Book – This comprehensive manual explains the new Title 8, Section
1716.2 Residential Framing Fall Protection Standard adopted by the Cal/OSHA Standards Board in
August of 2004.
Associate Member Benefits
Advertising – Associate Members, suppliers and manufactures who support our industry, receive advertising in our quarterly newsletter and on our website. They also are encouraged to provide newsletter articles that would be informative to our members and participation in our General Membership meetings.
CFCA Office – (916) 485-3367
California Framing Contractors Association
Date: _____________________
Sponsor (if any): __________________________________
Company: ___________________________________________________________________________
Contact:
Title: ________________________________
Email:
Website Address:
Fax & Voice Telephone Numbers:
New FCC rules require associations to get explicit permission to send faxes to members. Please check the box
at right to receive meeting notices and other time-sensitive information by email, phone, post and fax from
PERMISSION GRANTED (check box)
CFCA.
TYPE OF MEMBERSHIP
GENERAL MEMBERSHIP
or
UNION FRAMING CONTRACTOR
ASSOCIATE
ASSOCIATE MEMBERSHIP
ANNUAL DUES
$ 3,500.00
Framing Contractor.
$3,500.00 includes halfpage ad in our newsletter
Suppliers, manufactures, and services supporting
framing contractor industry
$6,000.00 includes fullpage ad in our newsletter
Underwriter Level
CRITERIA
Annual dues plus
$5,000.00
Your company logo will also appear on the CFCA
web site.
Underwriters names will appear on all of the CFCA
promotional material, newsletter, web site, and
advertising
Dues structures are subject to change without notice
Please make your check payable to CFCA
nd
Remit to: 3636 American River Drive, 2 Floor, Sacramento, CA 95864
For questions, call Jodi Blom at (916) 485-3367 or email to jblom@iwins.com.
California Framing Contractors Association
cut here
Mailing Address:
California Framing Contractors Association
Headquarters
3636 American River Dr., 2nd Floor
Sacramento, CA 95864
(916) 485-3367
Toll Free (866) 452-8110
CFCA Contact Information
Jodi Blom
Executive Director
(916) 485-3367
jblom@iwins.com
Kevin Bland, Esq.
CFCA General Counsel
(949) 861-4100
kevin.bland@gblaws.com
Melanie Thomson
Membership Coordinator
(916) 435-8525
melanie@thomson-business.com