MINUTES of PUBLIC HEARING
OF THE
INDUSTRIAL WELFARE COMMISSION
March 31, 2000
Sacramento 

Pursuant to Labor Code Section 1181, the Industrial Welfare Commission (IWC) held the seventh in a series of public meetings and hearings with regard to AB 60. The bill requires the IWC to review testimony regarding the professional exempt duties re: managerial by July 1, 2000. The IWC also accepted testimony on other usual business that came before it. The hearing was held at 10:00 a.m. on March 31, 2000, in Sacramento in Room 4203 of the State Capitol. A transcript of the hearing has been prepared and is available for review.

Commissioner Bill Dombrowski chaired the meeting. Commissioner Dombrowski opened the public hearing at 10:14 am. Commissioners Barry Broad, Leslee Coleman, Bill Dombrowski and Doug Bosco were present. The IWC’s staff, including, Executive Officer Andrew Baron, Principal Analyst Michael Moreno, Analyst Christine Morse, Analyst Donna Scotti as well as the IWC’s legal counsel, Deputy Attorney General Marguerite C. Stricklin, were also present.

Commissioner Dombrowski made a motion for the commissioners to recognize Chuck Center for his service and wish him well. Commissioner Coleman seconded. The motion was passed unanimously.

Commissioner Bosco moved to approve the minutes from the February 25, 2000 hearing. Commissioner Coleman seconded the motion, which passed unanimously.

Commissioner Dombrowski announced Agenda Item Number 5 "Consideration and public comment on the issue of whether employees who receive a certain base wage that is higher than the current minimum wage, as well as additional compensation, should be exempt from overtime pay requirements," is being removed from the agenda.

Commissioner Broad moved to not have comments shouted from the audience and take testimony appropriately. Commissioner Coleman seconded the motion. Motion was unanimously passed.

Commissioner Broad stated that there was a conflict between proposed language in Section 5(M) of the Interim Wage Order regarding stable employees and the Fair Labor Standards Act. As a result of that conflict, he suggested it be prudent to remove that matter from the agenda and consider it at a later date.

Commissioner Broad moved to close the investigation on Item Number 3, consideration of and public comment on the amendment to Section 1 of Interim Wage Order 2000 to include a revised definition of an "outside salesperson." Commissioner Coleman seconded the motion. Motion was passed unanimously.

Commissioner Bocso moved to make Commissioner Dombrowski permanent chairman of the Commission. Commissioner Broad seconded the motion. Motion was unanimously passed.

Commissioner Coleman moved to accept the names for members of the Computer Professionals Wage Board, the chairperson, and the charge. Motion was unanimously passed.

Commissioner Broad made a motion to convene a wage board to consider whether it is appropriate at this time to increase the state minimum wage. Commissioner Bosco seconded. The motion unanimously passed.

Commissioner Broad moved to adopt the appointments to the Construction, Drilling, Mining, and Oil wage board and accept its charge. Commissioner Bosco seconded. Motion was unanimously passed.

The following individuals presented testimony:

Outside Salespersons

1. Julianne Broyles, California Chamber Of Commerce
2. Bob Acherman, California and Nevada Soft Drink Association
3. Scott Wetch, State Building and Construction Trades Council
4. Patricia Gates, Van Bourg, Weinfeld, Roger & Rosenfeld
5. Tom Rankin, California Labor Federation
6. Robert Tollen, Seyfarth, Shaw, Fairweather & Geraldson
7. Tom Rankin, California Labor Federation
8. Patricia Gates, Van Bourg, Weinfeld, Roger & Rosenfeld
9. Ron Mckune, The Employers Group

Executive, Administrative, Professional Exemption -
10 Bill Reich, Staff Counsel, Division of Labor Standards Enforcement
11. Bruce Young, California Retailers Association
12. Bruce Laidlaw, Landels, Ripley & Diamond
13. Ned Fine, Management Attorney
14. Julianne Broyles, California Chamber of Commerce
15. Jon Ross, California Restaurant Association
16. James Abrams, California Hotel and Motel Association
17. Art Pulaski, California Labor Federation
18. Scott Wetch, State Building and Construction Trades Council
19. Bruce Hartford, National Writers Union (UAW)
20. Michael Zakos, nurse
21. Sonia Moseley, California Labor Federation, United Nurses Associations of California/

AFSCME
22. Rosalina Garcia, building maintenance worker
23. MATT Mckinnon, California Conference of Machinists
24. Keith Lagden, former manager, Taco Bell and Wendy’s
25. John Getz, grocery clerk
26. Dan Kittredge, grocery clerk
27. Edward Powell, California Labor Federation, California State Theatrical Federation,

International Association of Theatrical,Stage Employees (IATSE)

28. Uwe Gunnerson, Operating Engineers Local 3
29. Judy Parez, Communication Workers Of America, Local 9400
30. Keith Hunter, District Council of Ironworkers
31. Bill Kosnik, restaurant manager
32. Ken Lindeman, former employee, Taco Bell and Wendy’s
33. Tom Rankin, California Labor Federation
34 John Bennett, former IWC member and chair

Appointment of Wage Board Members -Computer Professionals
33. Tom Rankin, California Labor Federation Wage Board - Minimum Wage
34. Tom Rankin, California Labor Federation
35. Tracey Bridges, Association for Community Reform Now (ACORN)
36. Esperanza Ber, garment workers union

Further Business
37. Emil Ayad, Guard Vision Private Security, Inc.
38. Bob Ulreich, International Union of Security Officers
39. Nick Delte, Californians for Justice
40. Dee Cuney, childcare worker

After the IWC determined that no one present wished to give further testimony, it was agreed by common consent to adjourn the public hearing at 1:12 p.m. Commissioner Broad moved to adjourn. Commissioner Bosco seconded. Motion was unanimously passed.

Respectfully Submitted,

 

________________________

Andrew R. Baron

Executive Officer

Approved:

 

_________________________ ___________

Bill Dombrowski, Chairperson