CalChamber Urges Pull Back of Emergency COVID Rules - Advocacy

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CalChamber Urges Pull Back of Emergency COVID Rules - Advocacy
VOLUME 47, NUMBER 4 • FEBRUARY 5, 2021

CalChamber Urges Pull Back                                                                     Unemployment Insurance
                                                                                               Legislature, Governor
of Emergency COVID Rules                                                                       Must Act to Prevent
                                                                                               California Employers
                            The California
                            Chamber of
                                                 COVID-19 pandemic, many of the new
                                                 safety restrictions are not feasible for
                                                                                               from Paying for
                            Commerce urged
                            the California
                                                 employers—especially small businesses
                                                 struggling in the midst of a pandemic that
                                                                                               EDD’s Mistakes
                            Legislature this     has threatened to bankrupt them.                                         Whenever
                            week to correct          “California’s solution to COVID-19                                   something goes
                            a series of costly   cannot simply be to shift the costs of its                               wrong—when-
COVID-19 workplace mandates imposed              social safety net to California’s employ-                                ever something
through an emergency regulation order.           ers,” said CalChamber Policy Advocate                                    is lost or
    The regulation, issued by the                Robert Moutrie.                                                          damaged—the
California Division of Occupational                  During the emergency rulemaking           question is always the same: who gets
Safety and Health (Cal/OSHA) late                process, Cal/OSHA failed to adequately        stuck holding the bag? And we all know
in 2020, requires employers to take a            consider the feasibility of many of the       the answer should be simple: the person
number of extraordinary steps that include       provisions of the emergency mandate           who made the mistake should bear the
providing costly unlimited paid time off         and, as such, created policies that are       costs of that mistake.
for workers. It further creates an overly        not only expensive, but unworkable, the           But with California’s Unemployment
broad testing scheme that ignores the real-      CalChamber pointed out in the letter.         Insurance (UI) Fund, it appears that
ities of current testing availability.               Specifically, the CalChamber is asking    unless the Legislature and Governor act,
    In the letter sent to legislators on         that the following provisions of the emer-    California’s employers will be stuck foot-
February 1, the CalChamber argues that           gency regulation be addressed:                ing a billion-dollar bill for failure of the
while safety practices in the workplace              • Limit the uncapped time off provi-      Employment Development Department
have had to change as a result of the                         See CalChamber Urges: Page 6     (EDD) to prevent unprecedented fraud.
                                                                                               Reports
State Supreme Court Rejects Challenge                                                              New information came out last week
                                                                                               that gives us a better picture than ever
to Prop. 22 Independent Contractor Initiative                                                  before of how much fraud occurred, how
                                                                                               much came from the California’s UI Fund,
                         The California          Proposition 22 as unconstitutional.           and how much is likely to be recovered.
                         Supreme Court               California voters passed Proposition          (See EDD summary at https://www.
                         this week rejected      22 in November 2020 by a 59% majority.        edd.ca.gov/unemployment/pdf/fraud-
                         an attempt to           The ballot measure classified app-based       info-sheet.pdf, and two reports from the
                         overturn Prop-          drivers for companies such as Uber,           State Auditor at https://www.auditor.
                         osition 22, the         Lyft, Postmates, and DoorDash as inde-        ca.gov/reports/recent.)
                         voter-approved          pendent contractors and mandated that             EDD’s January 25 press release
                         ballot initiative       those companies provide certain benefits,     confirmed that 9.7% of the $114 billion
                         classifying             including guaranteeing at least 120%                            See Action Needed: Page 3
                         app-based drivers       minimum wage during engaged time,
                         as independent          payment per mile, health care coverage
contractors.                                     for those who work a certain number of           Inside
    A group of drivers and the Service           hours, and the development of anti-ha-
Employees International Union (SEIU)             rassment policies.                              Zero-Emission Vehicles/New
filed a petition with the state high court                   See State Supreme Court: Page 6     Transportation Revenues: Page 5
on January 12 seeking to invalidate
CalChamber Urges Pull Back of Emergency COVID Rules - Advocacy
W W W. C A L C H A M B E R A L E R T. C O M

CALIFORNIA CHAMBER OF COMMERCE                                                                                                FEBRUARY 5, 2021 • PAGE 2

Labor Law Corner
If 65+ Employee Falters, Focus on Job Performance, Not Age
                                                     meetings, forgetting how to do certain                  Act (ADA) issue, or the California law,
                                                     tasks, and generalized forgetfulness.                   the Fair Employment and Housing Act
                                                         It is inappropriate to ask certain ques-            (FEHA), which brings into play the inter-
                                                     tions—such as “Are you slowing down?”                   active process.
                                                     or “Is old age catching up with you?” or                    As with other disabilities, the
                                                     “At your age, it is probably difficult to               employer representative needs to involve
                                                     remember things.”                                       the employee, discuss the problems and
                                                         But instead of having the employee                  show concern, but yet explain the impact
                             Dana Leisinger
                                                     tested for mental competence, there are                 on the company. The employer should
                             HR Adviser              better ways to handle this situation.                   ask for the employee’s input, noting
                                                                                                             suggestions and “reasonable accommo-
We have an employee who is over the age              Job Performance                                         dations.” Some accommodations can
of 65 and has worked for us for several                  First, if there is a suspicion of mental            be very simple, and all ideas should be
years, but recently his cognitive skills             issues, the employer can focus on the                   explored.
appear to be diminishing. Can we ask                 job performance issues—approaching                          Some simple tools can help memory
him to take a test for his mental health?            the individual and the problems that                    loss in this busy world: To-do lists, calen-
    With an aging population and workers             have come up, such as missed meetings,                  dar reminders, even sticky notes to help
who continue to work well past retire-               forgetting how to perform tasks they have               remind an employee of upcoming events.
ment age, the issue of mental competence             done for years, and a decline in perfor-                    The employer should also take copi-
is becoming a daunting issue for employ-             mance/lowered production.                               ous notes during these communications.
ers to deal with. Signs include missing                  Indeed, if there is that suspicion                  These kinds of situations don’t often
                                                     that there are mental issues, the contact               ripen into a lawsuit, but if one does, the
                                                     should not be in the form of a severe                   employer should be able to show they
                                                     reprimand, but a gentle approach address-               worked with the employee.
                                                     ing the problems. Specifics are necessary,
                                                     not a vague reference to unacceptable                   Column based on questions asked by callers
       California Chamber Officers                   performance.                                            on the Labor Law Helpline, a service to Cali-
                                                                                                             fornia Chamber of Commerce preferred and
              Donna L. Lucas                         Interactive Process                                     executive members. For expert explanations
                     Chair                               Often, the employee volunteers the                  of labor laws and Cal/OSHA regulations, not
            Kailesh Karavadra                        issue of the issues noted above, telling                legal counsel for specific situations, call (800)
               First Vice Chair                      the person who has addressed it. It then                348-2262 or submit your question at www.
                                                     becomes an Americans with Disabilities                  hrcalifornia.com.
              Gregory S. Bielli
             Second Vice Chair
               Janet A. Liang
              Third Vice Chair
                Mark Jansen
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W W W. C A L C H A M B E R A L E R T. C O M

CALIFORNIA CHAMBER OF COMMERCE                                                                                       FEBRUARY 5, 2021 • PAGE 3

Webinar Highlights Common Labor Violations to Avoid
                            Representa-       of the most common wage-and-hour                        Problem Areas
                            tives from        laws, including:                                            Throughout the webinar, Boyenger
                            the Califor-          • Meal and rest periods;                            and Norris point out what areas are most
                            nia Labor             • Mileage reimbursement;                            problematic for employers. Norris says
                            Commission-           • Minimum wages and minimum                         that one of the biggest stumbling blocks
                            er’s Office       wage schedule;                                          for employers is not keeping proper
                            joined the            • Overtime calculations;                            records.
California Chamber of Commerce in                 • Pay periods;                                          He explains that the top two things
a free live webinar recently to educate           • Piece rate and rest period                        employers don’t do are to have a signed
employers on common wage-and-hour             calculations;                                           written agreement between the parties,
violations and how to avoid them.                 • Recordkeeping best practices;                     and a written statement of basic condi-
    The webinar is part of the Employer           • Reporting time pay; and                           tions for workers, such as rate of pay, the
Outreach Series of live webinars with the         • Tips and gratuities.                              start of the work week, etc.
Labor Commissioner’s Office that break            Boyenger and Norris break down                          These two items are important
down some of the state’s most important       key definitions, such as what consti-                   because if a claim of violation is filed,
labor laws and include Q&A sessions           tutes “hours worked,” and what differ-                  the situation becomes a “he said/she said”
with attendees.                               entiates “travel time” from “mileage                    scenario where the employer must find a
    The January 22 webinar, “Typical          reimbursement.”                                         way to prove their facts in the case.
Violations to Avoid with Non-Exempt               When covering the topic of tips and                     During the webinar, Frank asks perti-
Employees,” was moderated by                  gratuities, Boyenger explains that Labor                nent questions and seeks clarification on
CalChamber Executive Vice President           Code Section 350 specifies that a gratuity is           the laws discussed in the moment. Once
and General Counsel Erika Frank               a tip, not a wage. However, he pointed out              the presentation concludes, attendees are
and featured Senior Deputy Labor              that some agencies, such as the California              able to ask Boyenger and Norris ques-
Commissioner Von A. Boyenger and              Employment Development Department                       tions directly.
Max Norris, staff attorney at the Labor       (EDD), do consider a tip a wage.                            The next Employer Outreach Series
Commissioner’s Office.                            Visual examples are also used to illus-             webinar will focus on typical violations
    A recording of the webinar is avail-      trate what labor laws require. For exam-                of exempt employees and will be held on
able on HRCalifornia in the webinar           ple, Norris shows paystub examples and                  March 26.
section under the Forms & Tools menu.         points out the information that is legally                  CalChamber members should keep an
                                              required to be included, such as the pay
Webinar Highlights                            rate, overtime hours and rate, and piece
                                                                                                      eye on their email boxes for an invitation
                                                                                                      to sign up for the next webinar.
   Using presentation slides (available       rate. He also uses worksheets to explain
here), Boyenger and Norris explain some       how to calculate overtime pay.

Action Needed to Prevent Employers from Paying for EDD’s Mistakes
From Page 1                                       That question is important because                  Auditor notes that it is very unlikely any
distributed last year in unemployment         funds taken from California’s UI Fund                   significant portion of that money will be
benefits were sent to fraudulent claims.      add to the UI Fund’s insolvency and must                recovered. Fraud (by its nature) is hard to
EDD also acknowledged that there is           be repaid by California’s employers as                  track when the claimants used the addresses
another 17% of payments that EDD is           increased taxes (and by the state as inter-             and information of actual citizens and the
investigating as potentially fraudulent.      est payments).                                          state has limited prosecutorial resources.
    That means that somewhere between             Well, EDD estimates that 5% of                          Furthermore, even if the fraudsters
9.7% and 26.7% of payments distributed        the confirmed fraud was from the state                  could all be located, fraudsters certainly
were to fraudsters—which translates to        fund—and we do not know how much of                     haven’t been holding the money in a
fraudulent payments in the total amount       the potential fraud will be from the state              stack that the state can swoop in and
of somewhere between $11.06 billion and       fund. Assuming that the 5% also applies                 claim. The money is likely gone.
$30.4 billion.                                to the potential fraud, we’re looking at                    Which brings us back to the first
                                              California’s UI Fund having lost some-                  question: who pays? Right now, without
State or Federal Funds?                       where between $500 million and $1.52                    action from the Legislature, that fraud
     As you may know, federal legislation     billion to fraudsters because of EDD’s                  will add to the UI Fund’s insolvency,
last year created new categories of bene-     failure to verify eligibility between                   which means employers will have to pay
fits (such as Pandemic Unemployment           March 2020 and December 2020. Those                     through increased taxes for decades to
Assistance for independent contractors) and   are not small sums.                                     come as they slowly return the fund to
expanded some additional programs. So—                                                                solvency. And that just doesn’t seem fair.
with that in mind—how much of that fraud      Who Should Pay?                                             This story appeared first as a Capitol
was taken from California’s UI Fund, and          The question we now have to consider                Insider blog post.
how much was paid for by federal money?       is: who should pay for the fraud? The State             Staff Contact: Robert Moutrie
W W W. C A L C H A M B E R A L E R T. C O M

CALIFORNIA CHAMBER OF COMMERCE                                                                                      FEBRUARY 5, 2021 • PAGE 4

CalChamber Emphasizes Need to Listen to
Regions in Redrawing Political Districts
                     Comments by repre-       many factors, include the sharing of                    Republicans and Democrats to the Senate
                     sentatives of regional   common social and economic interests.                   and the Assembly,” Wilson explained
                     groups, including                                                                to commissioners. “Fairly drawn legis-
                     local chambers of        Shared Interests                                        lative districts are a critical component
                     commerce, are critical       “Employees and business owners                      to ensuring that the greatest number of
                     to the process of        have many shared interests, including                   Californians have their voices heard in
                     redrawing political      how they get to and from work, whether                  the State Capitol.”
                     boundaries, the Cali-    there are sufficient employment opportu-
fornia Chamber of Commerce told the           nities to provide a true skills marketplace,            Lessons from Last Round
Citizens Redistricting Commission last        as well as access to the same sources of                    Ten years ago, Wilson said, the
week.                                         news and information,” Wilson told the                  commission’s schedule was “too ambi-
    “Where people work and for what           commission. “We hope you will take                      tious—too many meetings that perhaps
types of businesses is a critically import-   these interests into consideration when                 shed heat but not light.” He emphasized
ant consideration when you get about          creating maps.”                                         that it is important for the commission
drawing the lines,” Martin R. Wilson,             The regional chambers in the                        “to convene regional meetings in a virtual
CalChamber executive vice president,          CalChamber’s statewide network, Wilson                  format but not be weighted down by a
public affairs said at the 14-member          commented, “are the ones best able to                   lengthy process.”
commission’s January 27 hearing. His          speak for the businesses they represent.”                   He continued, “The most valuable
presentation was part of an economic              Local governments, he added, will                   public input will come when the tentative
sector panel.                                 be conducting their own redistricting                   maps are presented.”
    The CalChamber was actively               processes and will have useful data to                      He suggested the commission
involved in the redistricting process         share with the commission. “Among the                   develop draft narrative justification
when the current maps were drawn in           many insights they will bring to the table              plans for public review at the same time
2011. The CalChamber also was an early        may be how to avoid unnecessary splits                  as the first draft maps. The narratives,
supporter of the measures assigning the       of counties,” he said.                                  he commented, will assist with public
task of drawing new political maps for            For example, he told commissioners,                 understanding of the maps, especially the
the state Assembly, Senate and Board of       the 2011 Senate maps split two counties                 descriptions of communities of interest.
Equalization districts (Proposition 11)       among six districts, “creating several                      Videos and agendas of the commis-
and Congress (Proposition 20).                districts that defied logic.”                           sion meetings are available on its website
    Wilson credited the commission’s              Given the bipartisan nature of its                  at https://wedrawthelines.ca.gov/viewer/.
outreach plan for correctly viewing           political activities, the CalChamber                    Staff Contact: Martin R. Wilson
communities of interest that, among           works “equally hard to elect both

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W W W. C A L C H A M B E R A L E R T. C O M

CALIFORNIA CHAMBER OF COMMERCE                                                                                         FEBRUARY 5, 2021 • PAGE 5

ZEV Mandate Should Spur Policy Talks
on New Revenues for Transportation
                            It’s full steam    tion of vehicles that do not use gasoline               effect trading taxes on fuels for a fee on
                            ahead for          or diesel erode transportation revenues.                miles traveled.
                            the Newsom         Even without the Governor’s directive,                      This is not a new idea. Since 2017,
                            administration’s   gas taxes will be inadequate to meet                    state policy makers have had before
                            zero-emission      future system repairs and improvement                   them a road map to test and implement
                            vehicle (ZEV)      because gasoline use is becoming discon-                the next generation in transportation
                            strategy. But      nected from road use.                                   finance—a fee based on the actual use of
                            this enthusiasm        In a triumph of technology and market               the state transportation network that puts
                            for a new          forces, cars have become far more fuel                  a premium on user choice and personal
                            generation of      efficient, driving down revenues from                   privacy protection.
                            automobile         the gas tax. Legislators recognized this                    In the spirit of a true user charge, the
                            technology may     in 2017 when, as part of the comprehen-                 proposal envisions a broad application of
Loren Kaye
                            degrade the        sive transportation tax and revenue bill,               the mileage fee, with no exemptions and
very roads they drive upon.                    they included a first-ever $100 fee on                  no rate differentials—at least in the test-
    The Governor kicked his clean car          zero-emission vehicles to ensure ZEV                    ing phase. The fee would replace, not add
initiative into high gear last September       users help pay for the roads.                           to, the existing gas tax.
with an executive order requiring all              But this modest fee was not designed
new cars and passenger trucks sold in          to offset the anticipated transition from               Commission Recommendation
California be zero-emission by 2035.           gasoline and diesel to electricity and                      Just last year the state’s own
    He went further in January by              hydrogen.                                               California Transportation Commission
earmarking nearly $1.5 billion of                                                                      declared, “the gas tax clearly will not
one-time and future revenues to increase                                                               be a sustainable financing mechanism
the pace and scale of new electric vehicle            Guest Commentary                                 for transportation in the coming decade
charging and hydrogen fueling stations,                By Loren Kaye                                   and therefore work needs to accelerate
and provide subsidies for new and used                                                                 to implement a per mile road charge as
ZEVs and equipment.                                                                                    an alternative.” The Commission recom-
Bad News for Mobility                          Eroding Tax Base                                        mended the Legislature authorize a pilot
                                                                                                       program to test actual revenue collection
                                                   A recent study by the Mineta
    These carrot-and-stick policies may                                                                for a select group of vehicles.
                                               Transportation Institute at San Jose State
substantially advance the sales and use                                                                    The timing of this couldn’t be
                                               University took a careful look at econom-
of ZEVs. But for every gasoline- or                                                                    better. President Biden’s choice for
                                               ics, travel behavior, vehicle fleet trends,
diesel-powered vehicle retired and not                                                                 Transportation Secretary, Pete Buttigieg,
                                               and policy choices to develop six trans-
replaced, California’s enormous transpor-                                                              is a proponent of road user charges, float-
                                               portation revenue scenarios.
tation network will get a little grittier.                                                             ing the idea of such a fee to enhance the
                                                   In five of the six scenarios, research-
    The ambition to replace combustion                                                                 federal highway trust fund—likely in
                                               ers found revenues from gasoline and
engine vehicles with ZEVs should be                                                                    recognition of the new administration’s
                                               diesel sales would decrease from $2
shelved as long as the erosion of fuel                                                                 commitment to raise automobile fuel effi-
                                               billion to $4 billion in inflation-adjusted
tax revenues for transportation system                                                                 ciency standards.
                                               revenues by 2040.
support remains unaddressed. The                                                                           For more than half a century,
                                                   This tax erosion from gasoline and
Legislature should evaluate the wisdom                                                                 Californians have invested heavily in a
                                               diesel taxes that today account for nearly
of mandating a new fuel supply for the                                                                 state transportation network that serves
                                               three-quarters of state revenues for the
vehicle fleet that undermines the basis for                                                            commerce, the workforce and social
                                               upkeep and improvement of transporta-
funding the state and local transportation                                                             cohesion, connecting Californians to
                                               tion systems would in most cases not be
system.                                                                                                each other and the world. Policy makers
                                               made up from new taxes on vehicle sales
    This is but one of several issues                                                                  should maintain our historic commit-
                                               and ZEVs.
collateral to the ZEV mandate that affect                                                              ment to this important asset even as they
mobility for residents, and that so far        Road Users Fee                                          embark on the difficult task of reducing
state leaders have not come to terms with.                                                             vehicle carbon emissions.
                                                   The solution to this revenue mismatch
Growing Disconnect                             is to stop depending on a diminishing                   Loren Kaye is president of the California
                                               revenue source. Instead, the Newsom
   California policy makers have long                                                                  Foundation for Commerce and Education, a
                                               administration and Legislature should
known that improved efficiencies of                                                                    think tank affiliated with the California Cham-
                                               reinvigorate a flagging effort to research              ber of Commerce.
combustion engines and the introduc-           and introduce a road users charge—in
W W W. C A L C H A M B E R A L E R T. C O M

CALIFORNIA CHAMBER OF COMMERCE                                                                                        FEBRUARY 5, 2021 • PAGE 6

CalChamber Urges Pull Back of Emergency COVID Rules
From Page 1                                       Moreover, under these regulations, a                were a result of social spread (such as
sion such that employers are not forced       COVID-19 case in the workplace is not                   three employees living together and all
to provide potentially months of pay          limited to employees. Accordingly, an                   catching it socially) or workplace spread.
to excluded employees who are not             employer could literally be paying multi-               The regulation contains a similar “Major
sick while simultaneously paying a            ple groups of employees to stay off work                Outbreak” provision which requires twice
second workforce to take their places or      for being “exposed” simply because an                   weekly testing for all employees in the
completely shut down; and                     asymptomatic customer came to their                     “exposed workplace” area.
    • Correct testing requirements that are   location.                                                   These requirements ignore the realities
overly complicated and punish well-inten-         Unlike other leaves of absence,                     of testing availability, the CalChamber
tioned employers who are at the mercy of      there is absolutely no limit in the emer-               explains. First, tests may not be publicly
medical logistics over which they have no     gency regulation on how many hours an                   available in certain rural areas and may
control.                                      employer must pay an employee due to                    be a serious expense for smaller employ-
                                              exposure. Because the regulations may                   ers. Second, even if tests are available,
Unlimited Time Off                            be in effect until early 2022, this means               employers cannot compel medical facili-
    The emergency regulations require         California employers—including the                      ties to prioritize testing of cases showing
employers to exclude anyone who was a         smallest rural family businesses—may                    no symptoms.
“close contact” of a COVID-19 case from       end up paying for months of paid time off                   For example: if an employee is
the workplace for 10-14 days, during          to employees who never catch COVID-                     instructed to get tested because they were
which time the employer must “maintain”       19—all while simultaneously paying their                potentially exposed, and calls their doctor/
their earnings.                               replacements. And this paid leave will                  local medical provider, the provider will
    This means that an entire working         exist entirely outside of California’s exist-           commonly tell them: (a) that no testing
group or unit may need to be excluded         ing framework of paid and unpaid sick                   is available in the timeline required by
for a 10–14 day period with paid time         leave.                                                  the regulation, and (b) that the medical
off if they work in a relatively proximate                                                            provider does not recommend testing
workspace. And such exposures may             Testing Requirements                                    given no symptoms and the need to priori-
occur more than once, the CalChamber              The emergency regulations also                      tize tests to higher risk individuals.
explains.                                     require employers to provide (or ensure                     These complications mean that even
    By way of example: if social spread       employees have access to) testing to                    well-intentioned employers are at the
creates one COVID case in a workplace         employees at no cost and on paid time in                mercy of medical logistics over which
per month—even with no actual spread          a variety of circumstances. If an employee              they have no control—unless they can
in the workplace—the employer will be         is a close contact of a COVID-19 case,                  hire their own testing company, which
forced to remove all workers who were         then they must be excluded (as discussed                many will not be able to do. As a result,
close contacts of the positive case from      above) and receive testing at no cost.                  good employers will fail to meet the
the workplace for 10–14 days. In that         Alternatively, if three cases occur in an               requirements of the regulation despite
time period, the employer must:               exposed workplace area over a 14-day                    doing what they can.
    • Provide paid time off to the excluded   period then it is considered an “outbreak,”
employees; and                                and all employees in that area must be                  Letter to Legislature
    • Hire (and potentially train) tempo-     tested on a weekly basis.                                   To read the CalChamber letter in full,
rary help to fill those roles and pay their       The outbreak provisions are trig-                   click here.
wages, pay current employees overtime         gered regardless of whether the cases are               Staff Contact: Robert Moutrie
wages to make up that labor shortage, or      among employees or customers, and are
shut down their business.                     triggered regardless of whether the cases

State Supreme Court Rejects Challenge to Prop. 22
From Page 1                                   system, limits the California courts’                   tion on February 3. The case docket
                                              power to determine whether legislation                  provides that Justices Goodwin Liu and
Challenge                                     constitutes an amendment to a statu-                    Mariano-Florentino Cuéllar voted to ask
    The petitioners presented a myriad        tory initiative, violates the California                the state to submit a response, but were
of arguments, including that voters were      Constitution by embracing more than one                 outnumbered.
misled by Proposition 22’s title and that     subject in violation of the “single-sub-                    The court rejected the petition “with-
the ballot measure withdraws certain          ject rule,” and restricts the California                out prejudice to refiling in an appropriate
mandated employment benefits.                 Legislature’s ability to enact legislation              court,” so it remains to be seen whether
    They also argued that the measure         by majority vote.                                       the plaintiffs will now try to file the legal
impermissibly removes the California                                                                  challenge in one of California’s superior
Legislature’s authority with regards to       Court Decision                                          courts.
establishing a workers’ compensation             The Supreme Court denied the peti-                   Staff Contact: Ashley Hoffman
W W W. C A L C H A M B E R A L E R T. C O M

CALIFORNIA CHAMBER OF COMMERCE                                                                                     FEBRUARY 5, 2021 • PAGE 7

A View from Singapore

Synergy in Many Fields, from Tech to Food,
Boosts Ongoing Trade/Investment Success
                       The following             Singapore technology startups like                region’s recovery from the pandemic. For
                       responses to              Venture Corporation, which has a manu-            Singapore, multilateral pacts like RCEP
                       questions posed           facturing plant in the Bay Area.                  will play a vital role to reinvigorate coop-
                       by the California            At the same time, many major                   eration in areas like connectivity, smart
                       Chamber of                Californian tech companies have made              city development and digital economy,
                       Commerce are              significant investments in Singapore,             which will in turn open opportunities for
from Consul General William Chik,                including Micron, HP Inc, HP Enterprise,          California.
Consulate General of the Republic of             Seagate, Qualcomm, Apple, Alphabet,                   There is also synergy in the area
Singapore in San Francisco.                      Genentech and Chevron. Californian                of climate change. As a city-state with
                                                 and Singaporean students, scientists              limited access to alternative sources of
                                                 and academics frequently interact                 energy, Singapore recognized the urgency
Singapore-California Relations                   through research collaborations, student          of achieving climate resiliency. We are
Please describe your thoughts on the             exchanges and joint projects on the               therefore interested in California’s bold
unique relationship between Singapore            academic and industry fronts.                     and forward-looking measures in the area
and California.                                                                                          of climate change which continue
    Singapore and California have                                                                        to pose the greatest challenge to
extensive linkages and synergy in                                                                        sustainable development.
many fields, ranging from technol-                                                                           As avid foodies, enterprising
ogy, education, international trade,                                                                     Singaporeans have opened F&B
climate change and food. Because                                                                         retail outlets across California,
of their strategic locations, both are                                                                   including the iconic Killiney
gateway hubs for trade, commerce,                                                                        Kopitiam Café in Palo Alto. Like
finance, innovation, technology,                                                                         California, Singapore has a vibrant
tourism, culture, education and                                                                          food culture with a melting pot and
tourism links for their respective                                                                       fusion of different cuisines from
regions. California is also a gateway                                                                    the ASEAN region and beyond.
to the U.S. West Coast for Singapore                                                                     Singapore’s “hawker” food culture
and our Southeast Asian neighbors.                                                                       or communal street dining was
This was evident even during the                                                                         recently added to the United Nations
ongoing COVID-19 pandemic.                                                                               Educational, Scientific and Cultural
    As a newly arrived Consul                                                                            Organization (UNESCO) cultural
General, I am happy to see the                                                                           heritage list.
continuing strong trade and busi-                                                                            It is natural that California and
ness links between Singapore and                                                                         Singapore should collaborate in
California. Singapore is among                                                                           food innovations to bring together
California’s largest export destina-                                                                     food companies and investors from
tions for goods: sixth largest in Asia                                                                   across our regions to explore the
and the largest in Southeast Asia       Consul General William Chik, Consulate General of the Republic   latest trends and build partnerships
or Association of Southeast Asian       of Singapore in San Francisco                                    for sustainable food systems. There
Nations (ASEAN). California remains a               Singapore is also a natural economic           is scope for more California-based food
top investment destination for our compa-       partner of California in Southeast Asia            companies to use Singapore to launch
nies worldwide, with more than 70 major         and beyond, providing a springboard to             their businesses into ASEAN and beyond.
Singapore companies having a permanent          the larger ASEAN economic commu-
presence in the Golden State in sectors         nity. A region of over 650 million people          COVID-19 Impact
like consumer, technology, logistics and        with a combined gross domestic product             As countries all over the world feel the
real estate.                                    (GDP) of over US$2 trillion which is               pandemic, what is the economic impact of
    California and Singapore have               predicted to rise fourfold to US$10 tril-          COVID-19 on Singapore?
wide-ranging links in the technology            lion by 2030, Southeast Asia presents                  The economic impact of COVID-19
sector. California is home to a large           enormous opportunities for California.             has been significant. Like many coun-
Singapore community, including students             The recent signing of the Regional             tries, industries that rely on travel and
and professionals in the tech industry.         Comprehensive Economic Partnership                 hospitality have been adversely impacted.
Silicon Valley, a unique ecosystem for          (RCEP) Agreement, the world’s largest              Consumer-facing sectors such as retail
tech innovations, continue to attract           trade pact, will be a major boost to the                                      See Synergy: Page 8
W W W. C A L C H A M B E R A L E R T. C O M

CALIFORNIA CHAMBER OF COMMERCE                                                                                                               FEBRUARY 5, 2021 • PAGE 8

Synergy in Many Fields Boosts Ongoing Trade/Investment Success
From Page 7                                   close to S$100 billion (approximately                                    air hub. We have remained open to the
and food services have also been affected     US$75.37 billion) to support businesses                                  world throughout this pandemic and did
by the cutback in domestic consumption        and workers during this difficult period,                                not impose export restrictions to boost
amidst progressively stricter safe distanc-   including cash incentives for busi-                                      confidence in Singapore’s efforts to keep
ing measures. The Singapore Ministry          nesses to adopt e-payment methods and                                    supply chains moving.
of Trade and Industry announced on            advanced digital solutions to reinvigo-                                      In terms of new opportunities,
November 23, 2020 that Singapore’s            rate the economy. These measures have                                    Singapore is ready to be a distribution
GDP for 2020 is expected to contract by       started to reap results, with more than                                  hub for the COVID-19 vaccines in the
6.5% to 6%.                                   33,000 local job seekers placed in posi-                                 region as we have capabilities to main-
    Beyond just the direct impact on          tions so far.                                                            tain the cold chain and our firms have
Singapore, we have also been deeply               The COVID-19 pandemic has                                            been trained up to the World Health
impacted by the slowdown of the regional      also served as a catalyst to accelerate                                  Organization standards to be able to
and global economy as countries have          Singapore’s digital transformation and                                   handle such air cargo safely.
focused on dealing with the pandemic.         productivity growth. From January to                                         Singapore will continue to attract
We hope that 2021 will offer us an oppor-     September 2020, enterprises embarked                                     high-value, long-term investment to
tunity to work with the United States         on more than 20,000 projects to improve                                  create good jobs for our people. High-
and other partners to begin the process       productivity and build capabilities.                                     tech firms such as Amazon have recently
of economic recovery and reinforce the            On a multilateral level, Singapore                                   announced expansion of their operations
presence of U.S. businesses in ASEAN.         has worked with like-minded countries                                    and presence in Singapore. For trade, we
                                              to keep our global supply chains open to                                 will continue to grow our networks of
Focus on Economic Recovery                    facilitate the movement of essential goods                               free trade agreement areas to strengthen
What are the challenges and opportuni-        and services across borders without under-                               our companies’ access to global markets.
ties facing Singapore?                        mining public health efforts. We continue                                    Singapore has weathered many crises
    Our key priority has been to preserve     to support multilateral efforts to build the                             in our 55-year history and while COVID-
jobs and capabilities by helping our busi-    rules and standards for global trade.                                    19 has created a crisis like no other, our
nesses restart and recover safely, staying        As the pandemic situation in                                         focus will now be on economic recovery
open and connected to the world, while        Singapore has now improved, Singapore                                    and emerging from this crisis stronger.
creating job opportunities and helping our    will focus on resuming our economic                                      Staff Contact: Susanne T. Stirling
workers capitalize on them.                   activities and reconnect with the world
    The Singapore government spent            to preserve our status as an international

    FEBRUARY 18-19, 2021 | MARCH 18-19, 2021 | APRIL 22-23, 2021

    Leaves of Absence Virtual Seminars
    Do you need help keeping on top of California’s numerous leave
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