SAMPLE LETTER SENT TO SENATORS Name
Transcription
SAMPLE LETTER SENT TO SENATORS Name
www.naiopsocal.org SAMPLE LETTER SENT TO SENATORS July 28, 2014 (Sent via FAX and USPS) Name District Address Sacramento, CA 95814 SUBJECT: AB 2416 (STONE) LIENS: LABORERS AND EMPLOYEES OPPOSE NAIOP 2014 OFFICERS AND BOARD OF DIRECTORS PRESIDENT Jim Proehl, PM Realty Group PRESIDENT-ELECT Thomas W. Wulf, Lowe Enterprises Real Estate Group VICE PRESIDENT Kevin Jennings, Bank of America Merrill Lynch TREASURER James V. Camp, Starwood CPG Operations, LLC SECRETARY Lance Ryan, Watson Land Company Honorable Senator -------- : PROGRAMS AND EDUCATION LIAISON Pamela L. Westhoff, Sheppard Mullin The Southern California Chapter of NAIOP represents the owners and developers of commercial and industrial real estate in Orange and Los Angeles Counties. It is our members who provide office buildings, industrial facilities and other work places to the workers of Southern California. It is our members who are most dramatically impacted by AB 2416. PAST PRESIDENT Lang Cottrell, Goodman Birtcher We respectfully OPPOSE AB 2416 (Stone), as amended on June 26, 2014, as it would cripple California businesses by allowing any employee, governmental agency, authorized representative, or any entity to which a portion of the employee’s wages are payable, to record liens on an employer's real property, personal property or any property where an employee "performed work" for an alleged, yet unproven, wage claim. Although we agree with the intent of AB 2416 to provide employees with payment for wages properly due, the real and unintended consequences of AB 2416 will be to unfairly burden California property owners and businesses with meritless wage liens on their property, which will require time and legal costs to resolve. Specifically, AB 2416: - Provides Pre-Judgment Lien: Allows an employee to seize an employer’s or third party’s property through the recordation of a wage lien before a court or the Labor Commissioner has determined the employee is entitled to the alleged unpaid wages; - Harms Innocent Third Parties: Allows an employee to file a lien on the property of a third party where work was performed, despite the fact that the third party had no knowledge or control over the wages paid to or withheld to the employee; - Creates More Burden on the Judicial Branch: Forces a third party property owner as well as an employer to incur legal fees by pursuing an action before the Labor Commissioner or a court in order to have an invalid lien removed from their property, which will create more litigation and more cost to the overburdened judicial branch; Angela Azizian, GE Capital Real Estate Brian Baker, CIBC World Markets Corp. Beth Calder, CBRE Ronda Clark, Jones Lang LaSalle Drew Emmel, Allen Matkins Scott Farb, CohnReznick Tom Greubel, Irvine Company Office Properties Kevin Hayes, Lincoln Property Company Aaron Hill, Bixby Land Company John Hollingsworth, Colliers International Fran Inman, Majestic Realty Co. Kevin Ivey, KPRS Construction Services, Inc. Lillian Kuo, Shea Properties Ray Lawler, Hines Larry Lukanish, SARES REGIS Group Kevin MacKenzie, HFF, L.P. Patrick Maloney, Circle Industrial Gregory May, Newmark Grubb Knight Frank Justin McCusker, C.J. Segerstrom & Sons James McFadden, Cushman & Wakefield Scott McPherson, U.S. Bank Jeff Moore, CBRE Steve Muller, The Muller Company Susan Orloff, Ryan, LLC Russ Parker, Parker Properties Cynthia Pettyjohn, First American Comm. Due Diligence John Premac, Chicago Title Company Scott San Filippo, Greenlaw Partners Joel Stensby, KPRS Construction Services, Inc. Alison Vukovich, LBA Realty Stephane M. Wandel, The Boeing Company David Wensley, Cox, Castle & Nicholson LLP Gregory J. West, Johnson Capital NAIOP SoCAL EXECUTIVE STAFF Cynthia G. Fusco, Executive Director Vickie Talley, Director of Legislative Affairs Page Two - Interferes With Transfer or Sale of Real Property: Any wage lien recorded on real property will halt the sale or transfer of that property until the lien can be resolved between the parties or through judicial action. This will severely disrupt both commercial and personal real estate in California, which is now just seeing signs of improvement. - No Protections to Prevent the Lien from Being Recorded: The alleged protections for innocent third parties in AB 2416, such as a surety bond, judicial review, or the exemption of someone’s principal residence, will not arise until AFTER the lien has been recorded on the property. Because there is no judicial or Labor Commissioner oversight in AB 2416 BEFORE the lien is recorded, invalid liens will be placed on real and personal property and it will be the burden of the property owner to pay legal fees in order prove it falls within one of the various exclusions in the bill. - New Protections Against Wage Theft Already Exist: Recent legislative and administrative action is trying to resolve the wage theft issue, without creating the above-listed unintended consequences. Through the passage of AB 1386 (2013) that just went into effect on January 1, 2014, the Labor Commissioner can now assert a post-judgment lien on an employer’s property. Moreover, the Labor Commissioner launched a statewide campaign in April 2014 to tackle wage theft in California: www.wagetheftisacrime.com. We should allow these new tools to take effect before adopting such sweeping and detrimental legislation as AB 2416. For these reasons, we are OPPOSED to AB 2416 and urge you to vote “NO.” Sincerely, Vickie Talley Director of Legislative Affairs cc: NAIOP SoCal Board of Directors and Members Chapter Office: 2900 Bristol St., Ste. G-105, Costa Mesa, CA 92626 Tel: (714) 979-9131 Fax: (714) 979-0403 Legislative Office: 25241 Paseo de Alicia, Ste. 120, Laguna Hills, CA 92653 Tel: (949) 380-3300 Fax: (949) 380-3310