WECA celebrated its 95th birthday on Tuesday, April 9th! We're thrilled to celebrate 95 years of serving our member contractors and industry partners, educating the finest electricians and low voltage technicians in the Western United States, and advocating for the merit shop industry in California, Arizona, and Utah. Thank you for being part of our legacy, and we look forward to the next 95 years of excellence with all of you.

We would like to congratulate WECA Member Contractor Barnum & Celillo Electric Inc. for being named to the Sacramento Business Journal's Top Solar Contractors in the Sacramento Area list! Congratulations, Barnum & Celillo!

First year, second semester WECA Low Voltage apprentices recently piloted virtual reality Confined Spaces training from developer PaleBlue.

In this virtual and immersive safety training, they practiced entering a space with limited entry and egress, prepared for accessing a confined space, and then tried out two roles: an entrant and an attendant.

Our instructors and apprentices gave the training two thumbs up. WECA is now rolling it out to all of our Low Voltage apprentices in their first year and second semester of their Apprenticeship program with us, and this VR training will be coming soon to our Commercial and Residential Electrical Apprenticeship programs, too!

 

Dear WECA Member Contractors, Industry Partners, and Supporters,

WECA is proud to announce the Utah Graduating Class of 2024!

Our Commercial Electrical Apprentices in the Class of 2024 have successfully completed their education with WECA.

Help us honor their achievement with your sponsorship of their graduation event on:

Saturday, June 22, 2024 from 4:00 to 7:30 PM

DoubleTree by Hilton Salt Lake City Airport

5151 West Wiley Post Way

Salt Lake City, UT 84116

Help us make their graduation memorable--your sponsorship can allow you and members of your team to attend the graduation event, which is especially meaningful for grads if you're their contractor. Plus, you can meet WECA instructors and staff, other member contractors, and electrical industry supporters as well. Sponsorship packages at different levels may include tickets to attend the graduation, ads in the graduation program, recognition of your sponsorship during the ceremony, mention of your support on our website, in our newsletters, and over social media.   

Please consider the sponsorship opportunities at the link below, and thank you for your support of electrical training, apprenticeship, and workforce development for Utah!

Sincerely,

The WECA Graduation Team

Reserve your sponsorship package

Our Summer 2024 (Jul - Sep) course catalog is now available on our website for your electrician trainees in our certificate program, and journey worker continuing education students who need 32 hours this year. GetWired instructor-led classes can fill quickly. Be sure to encourage your employees to secure their spot!

View the Electrician Trainee course catalog

Jump to the Journey Worker continuing education course catalog

They can also enroll over the phone at (877) 444-9322, in person at our Rancho Cordova training facility, or by email at info@goweca.com.

Content Courtesy of WECA Industry Partner Cook Brown, LLP


 

Content courtesy of: WECA Industry Partner Cook Brown, LLP

Court Decision Answers the Question: When Are Employees On-the Clock?

In Huerta v. CSI Electrical Contractors, a decision focusing on the construction industry, the California Supreme Court recently provided specific guidance on whether time spent waiting for a vehicle inspection is compensable. The Court also provided guidance on the factors which must be considered when determining whether time spent driving to a remote site after such inspection should be paid as compensable travel time, as well as whether thirty-minute meal breaks should be paid if workers remain on site while on break. While the decision is expressly limited to on-site construction (Wage Order 16), the principles articulated by the Court apply to every California worksite. Accordingly, the Opinion offers helpful insights to all workplaces where employees undergo entrance or exit routines before or after work.

The issues came before the Supreme Court – not through the normal appellate procedures – but by means of a specific request from the federal Court of Appeals for the Ninth Circuit for guidance on California law. In requesting this assistance, the Ninth Circuit noted the issues “have significant public policy implications for California workers and employers” and no current California case addresses them specifically.

Mandatory Vehicle Stop

In resolving the first issue, the Supreme Court closely examined the circumstances at the site where plaintiff, George Huerta, was employed. Specifically, it noted that workers were required to pass through a security gate before entering the project’s perimeter. The security gate was located several miles from the perimeter. To pass through the security gate, workers had to show a badge and, when asked, allow a guard to peer into their vehicles. The inspection process could take up to a minute or more per vehicle. Based upon these facts, the Supreme Court concluded that when an employee spends time on an employer’s premises awaiting and undergoing an employer-mandated entrance or exit security procedure, such as a vehicle inspection, such time shall be compensated.

In resolving the second issue, the Supreme Court was required to consider whether the mandatory vehicle stop amounted to an initial work location, comparable to a requirement to check in at a shop prior to heading out to the worksite. The Court recognized that when employees are required to “check in” at a certain location, all time after the check-in should be paid. The Court concluded that the circumstances of a vehicle inspection, however, do not equate to a check-in unless it is required for reasons other than accessing the worksite. The Court expressly held that if the employee was required to pick up supplies, receive work orders, or otherwise perform any work at or during the inspection process, the time spent driving would be compensable.

The Court further clarified that the Employer’s imposition of certain restrictions when driving from the vehicle inspection site to the parking lot did not transform commute time to compensable work time. Although those restrictions – speed limits, bans on passing, smoking and the use of earpods – arguably benefitted the employer, the Court considered them common sense safety rules that did not convert the travel to work time.

Meal Break Rules

The third issue was complicated by the applicability of two collective bargaining agreements governing the project. Under Wage Order 16, meal break rules under the Labor Code do not apply when a collective bargaining agreement governs the worker and addresses meal periods, hours worked, and provides wages thirty percent higher than minimum wage. The Court held that although specific meal break rules under the Labor Code were inapplicable due to the collective bargaining agreements, the employer was still bound to pay employees for time spent on a meal break when and if the employee was restricted to the premises. The Court held that the employer and applicable union could negotiate for an on-site break, but such break would have to be paid.

Takeaways

For non-construction employers, the most important takeaways in the case are two-fold. First, it is a reminder that any time – even less than a minute – spent prior to or after work on activities that benefit an employer are likely to be compensable, even if such activities can be done from the comfort of the employee’s vehicle. Second, notwithstanding the obligation to pay for time spent during a vehicle stop and inspection, the time spent after the inspection to the actual worksite is probably not compensable. Moreover, employers can impose safety restrictions on access roads without concern that such safety measures will transform commute time to paid time.

Prop 1 – Taxpayer Rip-off?

WECA opposed Proposition 1 on the March ballot, noting that the $6.38 billion general obligation bond followed $9.2 billion in relief payments—known as the Middle Class Tax Refund (MCTR)—to qualifying recipients. The MCTR was timed to coincide with Governor Gavin Newsom’s 2022 re-election campaign – even though he was running against a token Republican opponent, State Senator Brian Dahle from Bieber. Dahle received 40.8% of the November vote, considerably higher than the 24% Republican registration, suggesting many DTS and possibly registered Democrats were tired of Newsom.

Prop. 1 promises to fund behavioral health treatment, residential facilities, and supportive housing for veterans and individuals at risk of or experiencing homelessness with behavioral health challenges. These are laudable goals but also proverbial “drop in the bucket.” In early 2023, over 181,000 Californians were counted as experiencing homelessness. These funds are estimated to create only 4,350 housing units, with 2,350 set aside for veterans and 6,800 mental health and substance use treatment places for approximately 11,150 new behavioral health and supportive housing units statewide.

Prop. 1 will also shift dollars from counties to the state (from about 5% of total Mental Health Services Act (MHSA) funding to about 10%). This would result in about $140 million annually redirected to the state budget. However, this amount could be higher depending on the total revenue collected from the tax.

The MHSA restructuring will result in significantly less funding for core services, which could lead to counties:

·      Canceling contracts with community-based organizations. 

·      Closing programs that are currently serving Californians.

·      Reducing county staffing.

But back to the MCTR. Rather than have the state’s own financial system issue checks to taxpayers to facilitate these payments, the state hired Money Network Financial, LLC. This out-of-state vendor provides financial services. Under the agreement, Money Network produced and distributed debit cards and provided cardholders with customer service and fraud prevention services. Although MCTR issued payments relatively quickly, according to a recent audit, the provisions of the state’s agreement with Money Network created “certain difficulties related to the administration of the payments.”

The audit noted several critical deficiencies.

·      FTB did not ensure that Money Network consistently provided the required level of customer service to cardholders. Although Money Network received more than 29 million calls—the vast majority of which were handled by its automated system—Money Network did not answer nearly 900,000 of the roughly two million phone calls from callers seeking to speak with an agent about the MCTR program or issues with their debit cards. Weaknesses in FTB’s agreement with Money Network made holding Money Network accountable for its lack of customer service difficult.

·      Although Money Network reported a fraud rate to FTB of less than 1% of the amount distributed through debit cards, the state cannot determine the precise level of fraud in the MCTR program because Money Network did not answer a substantial portion of cardholder calls and has not specifically tracked fraud in the program.

·      Because the agreement’s payment structure bundles most services into a single per-card rate, FTB paid to Money Network nearly 90% of the agreement’s total cost in the first 15 months of the 49-month agreement period. This front-loaded payment structure does not fully safeguard the best interests of the state. In addition, the agreement with Money Network does not include provisions that would allow FTB to assess agreed-upon liquidated damages if Money Network does not comply with agreement terms—provisions found in other state agreements for similar services.

Finally, many debit card recipients have yet to activate their cards. According to information that Money Network provided to FTB, more than one million debit cards worth approximately $611 million in payments had not yet been activated by their recipients as of January 2024.

Time will tell if Prop. 1 will improve homelessness or mental health services. Still, if the history of the MCTR or Governor Newsom’s secretive $1-billion mask deal with Chinese automaker BYD is any bellwether, I am not expecting great results. 

Close Races

In CD-16 (San Mateo), former mayor Sam Licardo won the top slot for the November run-off. Assembly Member Evan Low and Supervisor (and former Assembly Member, former State Senator) Joe Simitian tied for number 2 and 3.

But here’s where, as Politico put it, “In a race that just keeps getting weirder, a Silicon Valley voter who called for a recount in [this] tied House primary election once worked for [Licardo]. The filing says it was made on behalf of candidate Evan Low, who, until this week, was heading to a three-way race in November. But Low vehemently opposes the recount, and the request came from a former staffer for ex-San Jose Mayor Sam Licardo, who advanced to the November general election weeks ago after finishing in first place. Voter Jonathan Padilla agreed to pay more than $300,000 for the recount. He worked for Licardo’s 2014 mayoral campaign and as a policy director for the City of San Jose in 2015 and 2016 while Licardo was mayor. He also donated $1,000 to Licardo’s campaign in December. A spokesperson for Licardo’s campaign denies working with Padilla or funding the recount. Low’s campaign isn’t convinced. ‘There’s zero doubt that Sam Licardo orchestrated this recount and Padilla’s declaration that the recount is on our campaign's behalf is simply disingenuous. Clearly, Sam Licardo doesn’t think he can win a three-way race because he’s showing he will do anything to avoid one,’ spokesperson Whitney Larsen told Politico recently on behalf of Low, bemoaning the ‘expensive and time-consuming’ recount.

A poll funded by the Licardo campaign shows Licardo still has a modest lead: 26%, followed by Low, 2%, Simitian, 20%, and 24% undecided.

In CD-45 (Fountain Valley), Michelle Steel (R) is in first place and will face Derek Tran in this D+5.2 district. Steel defeated Democrat Jay Chen by under 5% in 2022, and the DCCC placed CD-45 on its 2024 target list.

In AD-2, Republican Michael Greer came out on top with 27% of the vote. But in this D+28 district consisting of the counties of Trinity, Del Norte, Humboldt, and Mendocino and portions of Sonoma, he will have a tough election against second-place finisher Santa Rosa Council Member Chris Rogers.

In AD-6 (Sacramento), Democrat Maggy Krell will face Republican Nikki Ellis in this D+30 Assembly seat.

In AD-58 (San Bernardino and Riverside Counties), Democrat Clarissa Cervantes came in second to Republican Leticia Castillo in this D+18 district, meaning this race was decided in March.

In AD-75, former Republican San Diego Council Member Carl DeMaio received 42.9% of the vote and will face another Republican, Andrew Hayes. The result caused a bit of turmoil in San Diego. Story

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ABC Chapter Sues over Biden’s PLA Rule

ABC and its Florida First Coast chapter filed suit to stop the Biden administration’s scheme to mandate PLAs on construction contracts procured by federal agencies. ABC’s complaint asserts that President Joe Biden lacks the legal and constitutional authority to impose a new federal regulation, injuring the economy and efficiency in federal contracting and illegally steering construction contracts to certain unionized contractors, which employ roughly 10% of the U.S. construction workforce. Story

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California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law

On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The court responded to the request from the Ninth Circuit to answer three questions about Wage Order No. 16 and clarify the scope of the term “hours worked.” Although the case discusses the “hours worked” standard in the context of the construction industry, the decision is likely to impact every industry, especially businesses that require employees to go through security checks at the beginning and end of the workday and businesses that confine employees to specific areas of company property during meal breaks. More

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California Isn’t Coming for Your AC (Yet)

The California Energy Commission stopped short recently of pushing homeowners to install heat pumps to replace worn-out central air conditioners. The reason? Cost. “It was a difficult case to make, in terms of both the additional costs up front and then also potentially causing real energy costs overall to increase for some customers,” Commissioner Andrew McAllister told reporters. It was a blow for heat pumps, which are supposed to proliferate to 6 million in California by 2030 with support from federal tax incentives of up to $2,000 and additional state incentives.

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New Sacramento Parking Garage at SMF

Sacramento-based Otto Construction was awarded the $229 million Design/Build contract. This will be the firm’s second parking garage project at SMF as they also constructed the Terminal A garage in 2004. Otto said at the award they were comfortable with building under a PLA—which was mandated by a 3-2 vote by the Board of Supervisors earlier this year.

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California Legislature Sends Gavin Newsom Budget Deal to Slash Deficit 

Legislation that will reduce California’s budget deficit by $17.3 billion through spending cuts, deferrals, and other measures is headed for Gov. Gavin Newsom’s desk. The state Assembly and Senate approved Assembly Bill 106 along party lines today, advancing part of a deal negotiated by Newsom and Democratic legislative leaders over the past few weeks. The governor is expected to sign the legislation. Assembly Budget Chair Jesse Gabriel said the package was a first step and that the Legislature has the right to revisit the cuts and delays depending on future revenue figures.

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Celebrating 13 Years of Serving Military-Connected Job Seekers 

March officially marked 13 years of Hiring Our Heroes! They have been dedicated to driving positive change for transitioning service members, veterans, military spouses, and caregivers for over a decade. Here's to another 13 years of empowering the nation’s heroes and making a lasting difference together! Information

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Solar to Supreme Court

Politico writes the dispute over the value of rooftop solar is going to the California Supreme Court, which agreed Wednesday to hear a challenge from environmental groups to a 2022 California Public Utilities Commission decision.

The court agreed to hear the Center for Biological Diversity and two other groups' appeal of a lower appellate court's December ruling that upheld the CPUC's decision to slash rooftop solar reimbursements in its net energy metering program by about 75%. The development is a victory for the solar industry, and some environmental groups are pushing on multiple fronts for California to make small-scale solar power a central part of its transition to clean energy and utility-scale renewables. CBD senior attorney Roger Lin called it a "ray of hope" for the rooftop solar industry, which layoffs and bankruptcies have buffeted.

When the CPUC reduced the reimbursements, commissioners said the higher payments of the past had served their purpose of growing a mature rooftop market in the state. Since the programs are subsidized by people without panels (to the tune of $6.5 billion per year, according to a recent analysis), it was time to reduce them, commissioners said.

In their lawsuit, the CBD, Environmental Working Group, and the Protect Our Communities Foundation said that the CPUC had failed to fully account for rooftop solar’s social benefits, hadn't sufficiently promoted renewable energy, and had overlooked disadvantaged communities.

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Biden: ‘Union labor and American steel’ will rebuild Key Bridge

Standing in front of the crumbled wreckage of the Francis Scott Key Bridge, President Joe Biden re-upped his commitment to the federal government funding the span’s replacement, saying he would “move heaven and earth” to rebuild it quickly. During a windswept afternoon on the banks of the Patapsco River, the president said the top priority remains opening the channel for port traffic and emphasized the U.S. Army Corps of Engineers’ goal to clear a path for commercial vessels by the end of May. Biden said the new bridge would be built “with union labor and American steel,” as he stood on the grounds of the Maryland Transportation Authority Police headquarters, about a half mile east of the span. Story