CGA Responds to Recently Signed Workers’ Compensation Law

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On September 18, Gov. Jerry Brown signed into law a major overhaul of California’s $17 billion workers’ compensation insurance program. In response, CGA President Ron Fong issued the following:

“CGA is significantly concerned that absent corrective action, our member companies will begin to see the same double-digit increases in workers compensation premiums that plagued California a decade ago. We are pleased to support Governor Brown’s efforts this year to help address employers’ need for premium stability while also balancing the need of injured workers to receive fair compensation. We look forward to continuing to work with the Governor and his Administration in the coming years to ensure promised savings and efficiencies are realized.”

CGA Participates in Preparedness Month Fair

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The California Grocers Association joined allied companies, associations and state agencies in encouraging Californians to be prepared in the event of a natural or man-made disaster during a one-day Preparedness Fair at the State Capitol on Tuesday, September 19.

CGA staff provided handouts on emergency preparedness and food safety action items individuals can use following a disaster.

“Our goal was to provide suggestions on how best to prepare for an emergency and the steps to take to ensure food safety in the aftermath of such an event,” said Dave Heylen, CGA.

The Fair was sponsored by the California Emergency Management Agency and is one of several events statewide held in September – National Preparedness Month. The goal is to encourage Americans to take simple steps to prepare for emergencies their home, businesses and communities.

Click here for information on the event, including simple suggestions to be better prepared for a disaster.

Brown Signs Bill Revamping Workers’ Comp

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A major overhaul of California’s $17-billion workers’ compensation insurance program was signed into law by Gov. Jerry Brown, who called the bipartisan agreement “unusual in our polarized society.”

The governor made his comments Tuesday at a bill signing ceremony at Walt Disney Studios in Burbank surrounded by some of the legislative, business and labor leaders who helped forge the consensus that led to the legislation. On hand were Senate President Pro Tem Darrell Steinberg (D-Sacramento) and Assembly Speaker John Pérez (D-Los Angeles).

“Whether it’s Washington or Sacramento, there are two sides. Well, today we’re one side, and that one side is helping bring down the cost to businesses while increasing benefits to injured workers. It’s something that’s really important,” the governor said.

Approved by the Legislature on the last night of the legislative session, the package would boost payments to permanently disabled victims of on-the-job accidents by about $740 million a year and hand employers a major break on workers’ compensation insurance premiums.

The legislation “represents a major victory for working people and employers alike in California,” Pérez said.

Brown played a pivotal role in final approval of the bill Aug. 31. After prospects for the bill’s passage began to dim, the governor personally lobbied legislators and came up with an extra $120 million a year to aid victims of catastrophic accidents who can’t return to work.

The bill’s passage was “a real testament to Brown’s capabilities of bringing both sides together,” said Jill Dulich, who heads the workers’ compensation claims division of Marriott International.

Without the new law, businesses faced an almost 18% increase in workers’ comp insurance premiums when they renewed their policies, a fact that helped persuade opponents to eventually support the bill. An agreement was struck with Brown’s help to allow the extra $120 million in benefits and to reduce overall medical and compensation costs 4%.

Steinberg called the bill “a big deal because it dramatically improves the plight of injured workers, while at the same time it ensures cost stability for California’s employers.”

Injured workers would also benefit from the streamlined process, which aims to provide them with medical treatment within 30 days of their injuries, instead of spending months in litigation.

A UC Berkeley Survey Research Center study found that permanent disability benefits dropped from an average of $25,000 per injured worker in 2004 to an average of $12,000 last year.

Reprinted from The Los Angeles Times (September 19, 2012)

CGA President Testifies in Opposition to Proposition 37

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FOR IMMEDIATE RELEASE

Contact: Dave Heylen, V.P. Communications California Grocers Association
Tel: 916.448.3545
Fax: 916.448.2793
E-mail: [email protected]

California Grocers Association
1415 L Street, Suite 450
Sacramento, CA 95814

Initiative to require the labeling of genetically engineered food.

SACRAMENTO, CA – (Sept. 13, 2012) California Grocers Association President Ronald K. Fong testified before a California Legislature Joint Informational Hearing today, telling legislators that a controversial initiative on the November ballot would create a litigation nightmare for grocery retailers if approved by voters.

In testimony before the Senate Committee and the Assembly Committee on Agriculture, Fong said Proposition 37, which would require labeling of genetically engineered food, isn’t “really about the ‘right to know,’ but is about the ‘right to sue.’ And when it is time to sue, grocery retailers will be on the front line.”

“When lawsuits are filed, the trial lawyers might not be able to figure out who makes Cheerios,” Fong said, “but they sure as heck will know where they bought them.”

Fong told the Joint Hearing that Proposition 37 was written by a trial lawyer who helped write California’s Proposition 65 and whose organization has reaped millions of dollars from suing California businesses under the provisions of that proposition. Prop. 37 allows any private citizen, including attorneys, to sue, claiming a food company, grocer or farmer has violate the labeling provisions. He called it a “lose-lose” situation, with consumers having to pay higher grocery and taxpayer costs.

“In the last two decades, Prop. 65 has been abused by plaintiffs’ lawyers seeking to shakedown grocers into paying huge settlements that benefit only lawyers,” Fong said.

Quoting the California Legislative Analyst, Fong said, “Retailers such as grocery stores would be primarily responsible for complying with the measure by ensuring that their food products are correctly labeled.”

“That means grocers would be responsible for a paper trail on every ingredient of every food product we sell,” he told legislators. “That’s potentially hundreds of thousands of products requiring paperwork down to the seed level.”

Fong also addressed the initiative’s numerous loopholes and exemptions.

Citing a number of food products exempted from the proposition, Fong asked, “If the proponents of Prop. 37 were so concerned about our “right to know” or health, why would they exempt two-thirds of the food we eat every day?”

Fong joined Jamie Johansson, California Farm Bureau Federation and Kent Bradford, Seed Biotechnology Center, UC-Davis, in testifying in opposition to the controversial initiative.


The California Grocers Association is a non-profit trade association representing the food industry since 1898 and represents approximately 500 retail members operating over 6,000 stores in California and Nevada.

CGA Testifies in Opposition to Proposition 37

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SACRAMENTO, CA – (Sept. 13, 2012) California Grocers Association President Ronald K. Fong testified before a California Legislature Joint Informational Hearing today, telling legislators that a controversial initiative on the November ballot would create a litigation nightmare for grocery retailers if approved by voters.

In testimony before the Senate Committee and the Assembly Committee on Agriculture, Fong said Proposition 37, which would require labeling of genetically engineered food, isn’t “really about the ‘right to know,’ but is about the ‘right to sue.’ And when it is time to sue, grocery retailers will be on the front line.”

“When lawsuits are filed, the trial lawyers might not be able to figure out who makes Cheerios,” Fong said, “but they sure as heck will know where they bought them.”

Fong told the Joint Hearing that Proposition 37 was written by a trial lawyer who helped write California’s Proposition 65 and whose organization has reaped millions of dollars from suing California businesses under the provisions of that proposition. Prop. 37 allows any private citizen, including attorneys, to sue, claiming a food company, grocer or farmer has violate the labeling provisions. He called it a “lose-lose” situation, with consumers having to pay higher grocery and taxpayer costs.

“In the last two decades, Prop. 65 has been abused by plaintiffs’ lawyers seeking to shakedown grocers into paying huge settlements that benefit only lawyers,” Fong said.

Quoting the California Legislative Analyst, Fong said, “Retailers such as grocery stores would be primarily responsible for complying with the measure by ensuring that their food products are correctly labeled.”

“That means grocers would be responsible for a paper trail on every ingredient of every food product we sell,” he told legislators. “That’s potentially hundreds of thousands of products requiring paperwork down to the seed level.”

Fong also addressed the initiative’s numerous loopholes and exemptions.

Citing a number of food products exempted from the proposition, Fong asked, “If the proponents of Prop. 37 were so concerned about our “right to know” or health, why would they exempt two-thirds of the food we eat every day?”

Fong joined Jamie Johansson, California Farm Bureau Federation and Kent Bradford, Seed Biotechnology Center, UC-Davis, in testifying in opposition to the controversial initiative.

Latest California Grocer Now Online

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The latest issue of California Grocer featuring the CGA Educational Foundation’s 20th anniversary is available online. In addition, Issue 4 includes the 2012-13 CGAEF College Scholarship recipient brochure.

Other feature stories include:

  • California’s Retail Renaissance
  • Multi-Cultural Medicine – A Prescription for Supermarket Pharmacies?
  • The November 2012 General Election Ballot Measures At A Glance

and much more!

Sign Or Veto? Gov. Jerry Brown Faces A Stack of Dilemmas

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With his decisions, the California governor risks alienating unions, business groups and other powerful interests whose support he wants for his November tax initiative.

By Michael J. Mishak, Los Angeles Times

SACRAMENTO — Gov. Jerry Brown has spent months persuading some of California’s most powerful interests to invest millions of dollars in his November tax initiative. Now, that drive for campaign cash looms over the Capitol as he considers bills that could profoundly affect his donors.

In picking winners and losers among those with stakes in the slew of proposals sent to him in the legislative session that ended Friday, Brown risks alienating key allies with big checkbooks. With each signature or veto, he also puts at risk his image as an independent, above-the-fray operator dedicated to restoring public confidence in Sacramento.

“His desk is going to be piled high with dilemmas,” said Jack Pitney, a government professor at Claremont McKenna College.

The awkward dance between campaigning and governing comes as Brown ramps up efforts to sell voters on his ballot measure — a proposition crucial to fulfilling the promise he made to repair California’s finances. Moreover, the success of his campaign hinges on the continuing support of opposite interests: business and labor.

Deep-pocketed unions, which spent millions of dollars to help get the tax measure, Proposition 30, on the ballot, are backing bids to expand labor rights for housekeepers and create a state-run retirement plan for private-sector workers. Business interests, which have given millions to Brown’s campaign fund and stand to give more, want a $200-million tax credit for film and television productions to be extended.

Brown spokesman Gil Duran said neither Proposition 30 nor the money Brown needs to campaign is a consideration for the governor.

“Each bill is evaluated on its merits,” Duran said. “There is no other factor that enters into it.”

On his biggest priorities, Brown has sought to placate all parties.

Last week he quickly embraced a proposed overhaul of the state’s overburdened public pension system that fell significantly short of his own plan. It promises to save tens of billions of dollars — but won’t eliminate the impending debt, according to pension experts.

Unions cast the proposal as a punishing rollback, but in fact it spared them from some elements they had decried in Brown’s plan, including a requirement that new employees squirrel away a substantial portion of their retirement money in 401(k)-style accounts. Business groups said the plan the Legislature ultimately passed did not go far enough, but they called it “a good first step” toward getting runaway public retirement costs under control.

A decision not to change benefits for workers already on the payroll still leaves the state hundreds of billions of dollars short of what it needs to pay its retirees in coming decades, analysts said. Brown and other Democratic leaders have said they could not break existing union contracts.

On some issues, Brown, who typically doesn’t signal his position on a bill while it’s in the legislative grinder, took a rare step into policy debates. On Friday he publicly pressured lawmakers to pass a bill that would revamp the state’s workers’ compensation system.

In a statement, he said that proposal, like the pension overhaul, deserved “extra special attention.” Brown said the legislation was necessary to “avert an imminent crisis where workers suffer and rates will skyrocket.”

The workers’ compensation bill passed. The major players in that effort, including Safeway, Disney and Zenith Insurance, have contributed at least $235,000 to the governor’s tax campaign.

In the final hours of the legislative session, Brown and his aides revived a proposal for a new tax on out-of-state lumber and limits on timber companies’ legal liability in wildfires. The measure, backed by timber companies that have contributed to Brown’s campaigns, had been left for dead minutes earlier. Brown’s staff pulled lawmakers into the halls outside the Assembly chambers to pin down their votes.

Earlier, Brown had privately asked for changes in a labor-backed proposal to start a state-run retirement plan for low-income workers. State Sen. Kevin de Leon (D-Los Angeles) accommodated him, altering the bill in ways that eliminated fierce opposition from the securities industry and the California Chamber of Commerce.

De Leon’s colleagues in the Democratic-controlled Legislature limited in other ways the number of tough choices Brown would have to make.

They sent fewer “job killer” bills — measures that are anathema to business interests — to the governor than they usually forwarded to his Republican predecessor. According to the California Chamber of Commerce, which tracks such proposals, the Legislature passed six this year, compared with an annual average of 10 during the Schwarzenegger administration.

A controversial bid to overhaul teacher evaluations in California was shelved. The proposal, which had been a priority for the state’s powerful teachers unions, was condemned by education activists, parent groups and other organizations that called it a giveaway to labor. Passage would have placed the thorny measure before Brown as he was asking voters to pay more taxes to avoid steep cuts in school funds.

Legislative leaders also killed a last-minute push by business groups to ease California’s landmark environmental law, which requires developers to study and mitigate their projects’ possible effect on the environment. Opposed by environmentalists and labor unions, the proposal would have forced the governor to take sides.

Despite his repeated calls all year for changes to the law, Brown did not enter the fray.

Some Capitol insiders likened Brown’s situation to that of former Gov. Gray Davis, who in 2003 signed a raft of measures that pleased the liberal wing of his party while he was raising money to fight an expensive recall campaign.

Brown is “encumbered from being able to show leadership,” said Rob Stutzman, a GOP strategist who was a senior advisor to former Gov. Arnold Schwarzenegger. “He’s being consumed by the Sacramento political system instead of redefining it.”