ConneCtionRULES OF THE ROAD: EMPLOYEE DRIVERS

ConneCtionCalifornia

The official publication of PHCC of California | Fall/Winter 2011

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California ConneCtion | fall/Winter 2011 7

{ F E at urE S}14 rules of the road: Employee DriversYou and your employees are spending more time on the road, so be sure your company has driving policies in place for all to follow. They’ll protect you employees, your company and your reputation. PrEParED FOr tHE PHCC EDuCatIONaL FOuNDatION BY tPO, INC.

18 use the right tools When Managing Your EmployeesBehavioral assessments are as valuable to employers as a snake or screwdriver is to a plumbing contractor. Have the right tools to hire the perfect employee, improve communication with existing employees and save money in the process. BY BILL KINNarD

21 Seven Principles for Keeping Your Employee Handbook Out of CourtMost businesses have learned that having effectively written employee handbooks can protect them. Without them, trouble looms.

{DEPa r t MEN t S} 9 President’s Message 11 executive Vice President’s Message 24 2011-2012 Board of Directors 25 Legislative Corner

California Connection is published bi-annually for: PHCC of California 5816 Roseville Road, Suite 1 Sacramento, CA 95842 (916) 925-7390 (800) 780-PHCC (916) 925-7623 Fax www.caphcc.org

PHCC of California Staff

executive Vice President Peggy J. Hall

Director of operations Tracy Threlfall

Bookkeeper Debbie Baker

Master instructor – training Facility Steve Hoffman

training Coordinator Dolores McDonald

Administrative Staff Theresa Perez

contentsFall/Winter 2011

www.caphcc.org

21

14

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California ConneCtion | fall/Winter 2011 9

Different Chapters, But Each with Great LeadershipBY JOHN ROEBERPHCC OF CALIFORNIA PRESIDENT

President’s Message

I hope you all had a good summer. The time is flying by! Already

I’ve participated in three local chapter installations and have enjoyed

them all. It’s been an eye opener visiting the different locals. As

much as they’re different, they all have certain commonalities. What

is really impressive is the caliber, dedication and experience of the

contractors leading each chapter. Both younger and older, they

have all exhibited their own unique leadership qualities. With talent

like I’ve seen, we can expect positive results in our association.

Some of those results are due to your own involvement! For

instance, we needed to revise some of the wording in a bylaws

resolution that was passed at the last convention. A provision of our

bylaws allowed us to hold a referendum vote by the members. The

vote request was sent out and you responded! Just like an election,

your vote counts! The results of our election were unanimous in

favor of changing the number of directors on the board from a fixed

total to a range so the total can be more flexible and representation

can be more even.

Your board members have started their terms and hit the ground

running with enhancements and ideas to boost PHCC recognition

and help your businesses prosper. One such advancement in place

already is the PHCC consumer website, www.PHCCofCalifornia.

com. Visitors can search by zip code, city or county and type of

work to be completed and get a list of PHCC contractors closest

to them. The site is also a great resource for referring members

outside of your market area. Be sure to visit and update the site

with your most current information.

Other web-based PHCC features that are new includde a new

“blog” page at www.PHCCofCalifornia.com/Blog. Again, I would

encourage you to visit the site and check out your company profile.

If you have a newsletter, press releases or you need to add anything,

call the state office. This site operates on information, so the more

you have, the more effective the site becomes!

Additionally, there is a discussion site at www.PHCCProfession-

als.com. You can use this as a discussion tool or for posting notices.

You’ll need login information for these sites to revise or enter.

So if you’re new at this or don’t remember, call the state office.

Most all the credit for the development of these sites belongs to

We have and will be involved in the

affairs of our California government

as if affects you, the plumbing

and heating contractor.

10 California ConneCtion | www.caphcc.org

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George Salet and Louis Senteno. Let’s all use these PHCC benefits

to improve our businesses and increase our presence!

Your Training Committee has also been busy sharing information

to constantly improve the multiple training programs throughout the

state. From San Diego in the south to Redwood Empire in the north,

there are six training programs that support a variety of curriculums

from service and repair to a state-certified apprentice program.

The apprenticeship tests have been redesigned so testing can be

streamlined and the journeyman upgrade tests are in the process.

The instructors, facilities and programs are constantly reviewed,

improved and updated regularly to keep up with the latest advance-

ments. With the oversight of Tracy Threlfall and board members

Roger Lighthart and Harley Perry, these programs are available to

all of you to benefit and grow your business.

We have and will be involved in the affairs of our California

government as if affects you, the plumbing and heating contractor.

We’ve been partnering with our lobbyist from Washington, D.C. to

influence our state to work toward journeyman licensing. This is

really just an extension of some of the areas already in place. The

licensing component will go hand in hand with another element

and that is continuing education. Most other professions require

their members to upgrade their professional education on an an-

nual basis. Why not the plumbing and heating trade? We’ve already

had some talks that show promise. Here is where the federation

through the National umbrella brings more impact to our hammer.

Watch for highlights of California legislation that are either pro or

con for your business. Guy Tankersly and Mike Barber would ask

you to either support or reject these bills as you make your own

decisions on how they affect you and your business.

Our membership is on, from what Ed O’Connell and Rick Brashler

suggest, a turn for the better. As we are able to initiate an informa-

tion campaign to tell other plumbing and heating contractors about

the benefits of belonging to our group, we all need to be salespeople

to gain new members. Let’s all try and bring a new member to the

next meeting or event. With the new programs and agendas, we

can ask with confidence, why wouldn’t you want to be affiliated

with the best association around?

We have developed an annual budget for our fiscal year for the

various PHCC businesses that shows both restraints based on the

economy and potential based on our programs. The income and

expenses have been adjusted and reviewed by the executive com-

mittee and recommended for approval by the full board.

So that’s how we’re starting out this fiscal year. Peggy Hall, our

executive vice president, has been on top of the state office and

handling her duties at a break-neck pace. Personally, I’m pleased

to be a part of the process and part of the industry leadership.

With everyone doing their job, we can accomplish our goals. Have

a great rest of the calendar year! ●

California ConneCtion | fall/Winter 2011 11

Executive Vice President’s Message

State Office Applauds Local Leadership, Salutes Association VolunteersBY PEGGY J. HALL EXECUTIVE VICE PRESIDENT

It’s hard to believe that it’s already September and well into the

beginning of our fiscal year which became effective July 1, 2011.

It’s now time to prepare for our audits and fax filings for the family

of PHCC companies that are managed through our corporate office.

June and July were very busy months filled with conferences and

the installation of new boards at several of our Southern California

locals, and Alameda as well.

Tracy Threlfall and I attended the PHCC AEC annual Spectrum

Management Conference the week of July 11. Designed by chap-

ter managers for chapter managers, this unique event combined

practical education and productive networking. This event was

filled with educational seminars, facilitated networking and the

opportunity to meet executive managers from all over the state.

One of our keynote speakers, Laura Schwartz, speaker and author

of Eat, Drink & Succeed gave a fascinating account of her White

House years, and how there is ‘no such thing’ as social events,

everything is business, and we have the unique opportunity to

meet new contacts, customers and colleagues everywhere we

go. We were also reminded how important AEC is to executive

directors and chapter leaders from all over the country. Just as

PHCC supports the contractor at a local, state and national level,

AEC supports the executive director, giving us new tools to do our

job, fresh perspective and the support of meeting with our peers.

Without AEC, our execs stand alone.

I was very excited to be able to attend the following events,

respectively.

PHCC of San Diego held its Installation of Officers at the Hyatt

Regency Mission Bay Spa and Marina on June 25, 2011, which John

Roeber, the CAPHCC board president, and I attended. The incom-

ing board of directors is as follows: Mark Ames of Roto-Rooter

Plumbers was elected president, Kelly Anderson of Anderson

Plumbing, Heating & Air was elected vice president/treasurer, and

Bill Howe of Bill Howe Plumbing Heating & Air was elected secre-

tary. Bill is a past president, serving 2006-2007, and a wonderful

PHCC of California salutes all the individuals who give tirelessly of their time and

energy to promote the PHCC association at each level, and furthers the industry

through training, legislative and networking levels.

12 California ConneCtion | www.caphcc.org

example of the commitment of the PHCC San Diego members to

the wellbeing of their local association. Assuming board chairs

are Jason Crandall of Ferguson Enterprises, Inc., Scott Ferrell of

Black Mountain Plumbing, Alex Galicia of BPI Plumbing, Frank

Gamboa of HD Supply, and Lani Testa of My Plumber. The great

photographs shown on pages 24-27 were taken by Steve Robak

of USA Jetting Drain Pros and really highlight a wonderful event.

The San Diego members are a very enthusiastic, supportive and

active crowd who love to dance. There was also support from the

PHCC ORSB local with their current president, Mike Greany, and

current president-elect, Mike Barker, also attending along with

their wives. Also in attendance were Sandi Soleta the executive

director of the PHCC GLAA, along with Dorman Kehr, the PHCC

GLAA trade show coordinator.

The PHCC of Orange County, San Bernardino and Riverside’s

annual Installation of Officers was held on the beautiful Queen

Mary on Saturday, July 16. This was a fantastic venue, and very

well attended. The incoming board of directors is as follows:

Mike Barker of Barker & Sons Plumbing, Inc., PHCC of California

legislative affairs director and tireless advocate of plumbing train-

ing and licensing, was elected president, Scott Harrison of Scott

Harrison Plumbing was elected vice president, Chris Fults of SOS

Plumbing was elected secretary-treasurer. Michael Greany of

ASAP Plumbing moves into the past president position and PHCC

of California applauds Michael for his efforts in improving asso-

ciation relations and his efforts to promote the PHCC within our

industry. Stepping into directors’ positions were Dave Marquez of

Dial One Sonshine, Don Hatcher of Roto Rooter Anaheim, Jonathan

Kirschenmann of Dry Down and Josh Gruenbaum of Restoration

Training & Technology. Jodi Bush did an outstanding job of putting

together an elegant event and I truly enjoyed representing PHCC

of California at this event.

PHCC of the Greater Los Angeles Area’s Annual Installation of

Officers was held July 23, 2011 at the beautiful Renaissance Hol-

lywood Hotel & Spa. Executive Director Sandi Soleta organized a

wonderful evening for the PHCC GLAA, and the incoming board of

directors is as follows: Returning for a second term are Louis from

Senteno Plumbing (and PHCC of California director) as president,

Victoria Morillo from Morillo Plumbing as vice president and lifelong

PHCC supporter Roger Lighthart of The Lighthart Corporation and

(PHCC of California training director) as secretary/treasurer. PHCC

GLAA applauds the dedication of these individuals year after year.

Also attending were PHCC of California President John Roeber and

his wife Pam, PHCC of ORSB President Mike Barker and his wife

Brenda and PHCC of San Diego President Mark Ames and his wife

Kellie and Danielle Dorsey, executive director.

PHCC of Alameda and Contra Costa Counties held its installation

on July 19 at the perennially favorite Cattlemen’s Restaurant. Few

local associations can match the enthusiasm of the PHCC ACCC

organization, and their executive director Chris Bonetti, and it was my

pleasure to celebrate their installation again this year. Dan Bonetti of

Frank Bonetti Plumbing and instructor for the PHCC ACCC Training

Program assumes the responsibility of president, John Cottrell of

Comack Plumbing is now vice president, John Roeber of Roeber’s

Inc and PHCC of California president takes on the role of treasurer

(is there a harder working man within our organization than John?)

and Steve Ferguson assumes the treasurer position. Stepping into the

director chairs are Steve Rivers of Z Home Services, Brad Roeber of

Roeber’s Inc., Daniel Marks of Daniel L. Marks Inc/Marina Plumbing

and Maria Perez of Emergency Service Restoration.

PHCC of California salutes all the individuals who give tirelessly

of their time and energy to promote the PHCC association at each

level, and furthers the industry through training, legislative and

networking levels. Each individual that volunteers their time impacts

our industry, and binds us together in relationships that serve our

trade. Every year, we strive to improve and build upon what we’ve

learned, and I couldn’t be happier to serve PHCC and participate

in our local events.

At the PHCC state level we are constantly looking for ways to

better our association and increase value to our membership. I’ve

been working closely with Kim Parker of CEA to bring webinars to

the membership and increase training opportunities. Our literature,

including this magazine, and conference events are filled with money

saving and business building lessons that, if applied, can more

than cover the cost of membership. We will shortly commence a

membership drive utilized with great success in other states, and

will look to all of you to work with us to build our numbers, and

therefore our strength.

As always, we encourage you to submit your ideas and sugges-

tions of what you’d like to see within our association. Each voice is

important, each idea is carefully considered, and PHCC of California

will continue to strive to provide member services unmatched in

our industry. ●

Peggy Hall began her career as director of human resources in the photofinishing and software business. She changed career paths in 1988 when she obtained her insurance license and was hired by PHCC of California to manage the PHCC Medical Insurance Trust in 1990. In addition to being the executive vice president of CAPHCC, she is also the president of Trade Select, Inc., the management arm of CAPHCC and its subsidiaries. Peggy can be reached at peggyh@caphcc.org or at (916) 925-7390.

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14 California ConneCtion | www.caphcc.org

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Your employee driving policy should include

prohibitions against aggressive driving,

drug impaired driving, drunk driving, and

observing speed limits and traffic signals

and driving regulations in work zones.

Rules of the Road: Employee Drivers

California ConneCtion | fall/Winter 2011 15

The traffic keeps getting worse, and you and your employees seem to spend

more time in the truck and less at the job site. What are employees doing

while they are driving and should you care? Absolutely!

Your employee’s negligence on the road may cause you to be liable —

even if your employee is driving his own vehicle. Consider these five issues

when developing your company’s policies and practices on driving:

Distracted Drivers

According to OSHA, distracted driving is a factor in 25 to 30 percent of all traffic crashes.

With today’s hectic schedules and increased traffic, employees may feel the need to “multitask.”

Nearly 75 percent of all drivers feel the need to be available by cell phone; they make calls, send

text messages, and complete reports on laptops while driving and sitting in traffic. Many states

have implemented bans against the use of cell phone handsets while driving and some have

implemented bans against text-messaging while driving. Check your state laws on the comparison

chart at Governors Highway Safety Association (http://www.ghsa.org).

Of course, drivers can be distracted by more than just a cell phone: talking to a passenger,

changing radio stations, eating, working on paperwork and countless other distractions are risks

too. Driving requires your employee’s full attention!

Safe Vehicle Operation

We all know that we are supposed to wear seat belts in our personal cars, and it is no different

in the company truck. Thirty-one states and the District of Columbia have primary seat belt laws.

Eighteen states have secondary laws. Primary seat belt laws allow law enforcement officers to

ticket a driver for not wearing a seat belt, without any other traffic offense taking place. Second-

ary seat belt laws state that law enforcement officers may issue a ticket for not wearing a seat

belt only when there is another citable traffic infraction. Wearing a seat belt protects the vehicle

occupants, but it also protects you against charges of negligence — if you have a company policy

that you regularly enforce requiring their use.

Your employee driving policy should include prohibitions against aggressive driving, drug im-

paired driving, drunk driving, and observing speed limits and traffic signals and driving regulations

Rules of the Road: Employee Drivers

16 California ConneCtion | www.caphcc.org

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in work zones. Laws on driving while fatigued or impaired are on

the books in many states.

The key is to outline and then enforce internal policies and

consequences for violation of these laws. Your state may not take

away a driver’s license after three speeding tickets, but should

that individual be driving your company truck anymore? A great

technician who puts the company at risk for huge liabilities is not

a great technician.

Do you include safe vehicle operation in your routine training

program for employees? The company must regularly communicate

the importance of safe driving or employees will not see it as be-

ing important.

Who Can Drive?

A commercial driver’s license is required to operate a vehicle

with a gross vehicle weight rating greater than 26,000 pounds for

commercial use, to transport hazardous materials that require warn-

ing placards, or that is used to transport 16 or more passengers

(including the driver).

When it comes to young employees, it is simpler to not have

them drive. No employee under age 17 may drive a motor vehicle

on public roads as part of his job if that employment is subject to

the Fair Labor Standards Act. Seventeen-year olds may drive on

public roadways but only if driving is limited to daylight hours, the

vehicle does not exceed 6,000 pounds GVW, driving is less than 20

percent of the employee’s duties, and the 17-year old has a valid

license, has completed a state-approved driver education course,

and has no record of moving violations. Other restrictions also apply.

Insurance

If your business owns vehicles and they are titled in the

company’s name, you need commercial vehicle insurance. If your

employees use their own vehicles for business, be certain they

have sufficient liability coverage with their personal auto poli-

cies. For example, if an employee drives his own car or truck to

a job site and is in an accident with another driver, his insurance

company will pay the claim up to the policy limit. But if the other

driver sues the company for additional damages, a basic business

owner’s policy won’t suffice. Commercial vehicle insurance with

an added non-owned auto liability endorsement could help protect

your company’s assets from an expensive lawsuit.

Auto laws vary in different states primarily depending on the

category they fall into. In tort states, you or the other party may be

identified to be at fault for the accident. You can file a suit against

the other party to pay for the loss that you have incurred and vice

versa. In no-fault states, your insurance company will pay you up

to the policy limits for damages regardless of who was responsible.

However, after your insurance company has paid you your money, if

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California ConneCtion | fall/Winter 2011 17

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they believe that the other driver was at fault, then they can pursue

the other party’s insurance. In add-on states you get compensated

for accidental damages from your own insurance company, but face

no restrictions regarding lawsuits.

You can contact your own insurer to determine if your coverage

is sufficient or contact PHCC partner, Federated Insurance, phone:

(800) 533-0472. And always contact your company attorney if you

or your employees are involved in a serious accident.

Your Employee Drivers as Company Representatives

“How’s my driving? Call this number.”We’ve all seen those decals and, occasionally, we call — espe-

cially if there is a problem. If your employees drive vehicles with

your company logo prominent on the truck or van, their actions

as drivers reflect your company’s values and approach. Are they

careful, courteous professionals or aggressive jerks? Do they block

the driveways or offer to move their truck to let others squeeze by?

The appearance of company vehicles matters. A filthy van or

truck with a sun-faded paint job creates the perception with cus-

tomers that your employee’s work in their home will also be sloppy.

Same deal if fast-food wrappers fall out when the truck doors open

or if the customer can see that the back of the work van is a mess

of loose parts and tools.

Do motor vehicle record checks with prospective hires — but

get their consent first to help comply with the Fair Credit Reporting

Act (FCRA) requirements1. Check regularly to see if your employee

drivers are keeping their driving records clean, maintaining their

vehicles in safe working order, and keeping their insurance poli-

cies up to date.

Assuring that your employees know the rules of the road pro-

tects your company, your employees, and your reputation. Behind

the wheel your employee helps you — or presents a risk. Careful

policies, vehicle safety training, and a company culture of profes-

sional courtesy will assure that the risk is controlled. ●

1From the Article: You Never Really Know, Federated Insurance

This content was developed for the PHCC Educational Foundation by TPO, Inc. (www.tpo-inc.com). Please consult your HR professional or attorney for further advice, as laws may differ in each state. Laws continue to evolve; the information presented is as of August 2010. Any omission or inclusion of incorrect data is unintentional.

The PHCC Educational Foundation, a partnership of contractors, manu-facturers and wholesalers was founded in 1987 to serve the plumbing-heating-cooling industry by preparing contractors and their employees to meet the challenges of a constantly changing marketplace.

If you found this article helpful, please consider supporting the Foundation by  making a contribution at www.foundation.phccweb.org/invest.

Use the Right Tools When Managing Your Employees

Tools

Wh e n y o u

are trouble-

shooting in

the field, you

pull your me-

ter, screw-

driver, snake, thermometer or whatever

other tool is right for the job. When

you go back to the shop and have

to deal with your employees (and

your customers for that matter)

are you using the right tools? You

know how much more difficult it is to

get the job done right when you don’t

have the right tools to do the job, yet you

improvise every time you deal with your em-

ployees or hire a new person to join the team.

Behavioral assessments have been around

for a long time. We have been using them

exclusively in the trades industry for several

years now. You may have heard of them but

have you ever taken one? Do you really know

what you can learn about yourself or your

employees? Until you have tried one, you will

feature

BY BILL KINNARDGRANDY ASSOCIATES

18 California ConneCtion | www.caphcc.org

California ConneCtion | fall/Winter 2011 19

Use the Right Tools When Managing Your Employees

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never know the benefits of using this tool

in your hiring and employee improvement

process.

Where Would I Use It?

Assessments can be used in several

different areas throughout your company.

Let’s take a look at just a few:

Hiring Process

It can be amazing. When you’re in-

terviewing that guy who applied for that

service tech position that you are trying

to fill, do you really know anything about

him? When he is sitting across the desk

from you, he can be anybody he wants.

Then after your gut tells you this is the right

guy, you offer him a job, he shows up for

work on Monday morning and it’s like you

are meeting him for the first time. He was

adapting during the interview and being

the person he thought you were looking

for. After he got the job, he can go back

to being himself again.

While there is a cost to use these

tools, think about how much it costs you

if you hire this guy, put some money into

training him and ultimately have to let him

go three months later. What did that cost

you in wages, training costs, lost revenue

on service calls, lost sales, poor customer

satisfaction and everything else you put

into him? Usually the cost of a wrong hire

will be about two to three times the wages

you paid him.

Employee Growth

How productive are the people who

are already working for you? Did you ever

notice how that superstar you picked up

from your competition just doesn’t seem

to be doing as well here as you thought he

would? Or how your dispatcher just never

seems to enjoy what he is doing and as a

result, doesn’t always treat your customers

the way they should? Having employees in

roles that fit their behavioral style can make

all the difference in company productivity

and moral. If you have a person who is in

a role that requires them to be detailed but

their behavior doesn’t lend itself to detail,

that person will be under a constant level

of stress. The end result – burnout!

Improved Communication

How much has miscommunication cost

your company? Not only that job that you

had to send guys back to because it wasn’t

done right the first time but also all those

jobs that you didn’t get because of the way

your people talked to your customers. There

are four different styles of communication

and when these styles start to mix, you can

have trouble. We end up with a technician

trying to explain the problem to a customer

and a customer who just wants to know if

he can fix it. The tech then calls into the

office to talk to the dispatcher and isn’t

really yelling at her but she still hates talk-

ing to him every time he calls in. The issue

is that they are just talking two different

languages.

It’s Time to Try it for Yourself –

Take a Free Assessment

It’s time for you to see how these tools

work. When you’re trying to fix a problem

with that new piece of equipment that you

just installed for your customer, you pull out

the tools that you need to do the job. You

also know how hard it is when you either

don’t have your tool pouch or don’t have

the right tools. This is just another one of

your tools. And we’re going to give you the

chance to use it for free!

With a very quick assessment (15-20

minutes maximum), you can learn your

behavioral style and see how you come

across to other people as well as what your

motivators are. Are you really motivated by

making money or is it more about helping

other people? Once you know how you

communicate, you can start to communicate

with others in a way that will allow your

productivity to increase dramatically. You

never know — you may decide to have

every employee in your company use the

tool as well.

20 California ConneCtion | www.caphcc.org 547381_H20Solution.indd 1 8/16/11 9:57:06 PM

To complete your free assessment, go

to http://www.ttisurvey.com///160510BXJ

and follow the onscreen directions. Focus

on yourself at work and go with your initial

gut reaction. Don’t over-think it.

When you are done, the report will be

forwarded to our office. Make sure you en-

ter your email address and we will forward it

on to you. Because this tool is free, there is

a limit of one free assessment per company.

After all; we need to be profitable as well.

To learn more about hiring solutions

and team solutions tools, visit our website

at www.GrandyAssociates.com/hiring-

solutions or call me at our Green Bay office

at (920) 884-8505. ●Bill Kinnard has 26 years experience in HVAC sales, service management, sales management and cus-tomer service. He has worked with companies

both large and small and has a unique abil-ity to connect with people. Bill possesses a real passion for teaching contractors to bet-ter understand their businesses and help their employees become superior performers.

Bill has been recognized for “best practices” by Carrier Corporation for technical and customer service training. He has conducted over 10,000 student hours of technical training and over 2,500 student hours of customer service training. As a result of his unique style and professionalism, Bill was awarded the Richard Theoret Training Excel-lence Award in 1993. He was the youngest trainer to ever receive this distinguished recognition. For more information. go to www.grandyassociates.com or contact Bill at (920) 884-8505 or billkinnard@grandyas-sociates.com.

California ConneCtion | fall/Winter 2011 21

Shockingly enough, California does not require

business owners to have employee handbooks (it

seems like they require everything else). However,

most businesses, no matter their size, have learned

that effectively written employee handbooks can

truly protect a company and allow them to take

action against their problem employees. A well-written, up-to-date

handbook provides:

• Evidence of at-will employment

• Explains company policies

• Sets expectations for employees

• Provides uniformity and consistency in your business

• Ensures compliance with notice requirements

• Defense to harassment allegations

• Union avoidance

Can your employee handbook be used against you in court?

Does it give your employees rights that you never intended? What

if your handbook is out of date, or you have never had one and are

trying to put one together on your own?

You need to be careful about what you put in your employee

handbook because every word can be used against you, according

to Paul Salvatore and Allan H. Weitzman of Proskauer Rose LLP.

They recommend following the seven principles when creating an

employee manual.

1. Make sure your handbook is not an employment

contract.

Don’t stop with only disclaimers in your manual. Inform employees

that the policies and procedures contained in the handbook are not

intended to create a contract. Distribute the manual and make sure

your employees sign a receipt acknowledging that they received a

copy. And reserve the right to modify or change those policies and

procedures at any time.

2. Plainly state your rules, regulations and procedures.

What is your attendance policy? How often do you conduct

performance appraisals? Are there any restrictions on the use of

feature

Seven Principles for Keeping Your Employee Handbook Out of Court

e-mail? Clearly stating your procedures and rules and then making

sure they are consistently followed helps ensure that employees

understand what is expected of them.

3. Describe policies intended to assist employees.

Describing policies that are designed to help employees allows

your handbook to function as an internal public relations system.

Describe your employee assistance program. Explain your family

and medical leave policy and your pregnancy, disability and child

care leaves. This shows your employees that you understand the

laws and rules and intend to follow them.

4. Communicate your commitment to equal opportunity.

Your handbook should include equal employment opportunity

policy. Courts will look for this if you are sued for discrimination.

Also include an anti-harassment policy. Define harassing behavior

and give examples. Clarify supervisory responsibility and clearly set

forth your internal complaint procedure. Designate more than one

person who can receive complaints. What are your organization’s

investigation obligations? Do you have a no-retaliation provision?

These all should be clearly addressed in your manual.

5. Set termination guidelines.

Include required notifications, severance pay policies and any

grievance or complaint procedures and alternative dispute resolution

procedures. Also consider tying severance pay to the requirement

that employees execute the release acknowledging they received

the handbook. This may help ensure that employees sign and return

that acknowledgement.

22 California ConneCtion | www.caphcc.org

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We provide “Manufacturer Quality” representation in the Southern California, Clark County,

Nevada & Hawaii markets.

Toll Free: 877-635-3495

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LAW OFFICES OFABDULAZIZ, GROSSBART & RUDMAN“Specializing In Construction Law”(818) 760-2000 / Fax (818) 760-3908

Email: info@agrlaw.com Web: www.agrlaw.com:Construction law disputes avoided,minimized and resolved since 1973.

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6. Develop technology policies.

The informality of communicating by e-mail makes an e-mail

policy a necessity. Employees should clearly understand that there is

no expectation of privacy in company equipment or in their electronic

communications. Reserve the right to monitor e-mail and make sure

that employees realize that all communications are “discoverable”

and can be used in any legal proceedings.

In addition, with the growing popularity of instant messaging

in the workplace, consider a policy governing this form of com-

munication as well. Although instant messages cannot be recorded

electronically, employees, and especially managers and supervisors,

should remember that they can be printed off when they appear on

the screen. You may want to consider banning the use of instant

messages or adopting a policy similar to your e-mail policy.

7. Include state and local legal requirements.

Although keeping up with federal laws may seem like challenge

enough, don’t forget that state laws also are important. Not only

can state laws provide more generous benefits and protections

than federal laws, they can also affect many of your policies. For

example, state laws may govern your jury duty leave and workplace

smoking policies. It is important to incorporate these, and other

state and local legal requirements, into your employee handbook.

If written properly, your handbook shouldn’t contain any informa-

tion to be used against you.

The lack of an employee handbook, a poorly written handbook,

or a handbook not audited annually, can get you into trouble. If

your handbook implies a contract, includes illegal policies, or if the

company isn’t following its own policies, your handbook can be used

against you. So, ask yourself, does my handbook include an integration

clause? Does my handbook cover all forms of discrimination? Does

my handbook include all notice requirements? Has an HR expert or

attorney reviewed my handbook in the past year? If you answer ‘no’

or ‘I’m not sure’ to any of these questions, today is the day to order

your PHCC Sample Employee Handbook. This publication is a very user-

friendly Microsoft Word document that is completely customizable for

your business. Everything is written for you; you just need to add a

few details regarding your company-specific benefits. Cut and paste

your own company information into it. Don’t miss this opportunity to

quickly and easily ensure your human resource policies are legal and

compliant. Order your new sample employee handbook today! ●

Established in 1937, CEA is a non-profit association providing per-sonalized and cost-effective comprehensive information, services, and training for all aspects of human resources management and labor relations solutions throughout California. Located throughout the state, CEA’s staff of regional directors draw upon more than 150 years combined knowledge and experience to assist in all aspects of employer-employee relations.

California ConneCtion | fall/Winter 2011 23

541447_Green.indd 1 7/15/11 9:40:03 PM

What do the Beach Boys,Mickey Mouse, and T&S low-lead faucets have in common?

Mickey Mouse® and the Beach Boys® are trademarks of Disney Enterprises, Inc. and Brothers Records, Inc., respectively, and T&S Brass has no affiliation with either such entity.

They all got their start in California, and they all swept the nation. Although California led the way with the AB1953 legislation mandating low-lead faucets, it’s only a matter of time until they are required in all states. And T&S is ready — all of our faucets are low-lead compliant and are available across the country. And, as always, T&S faucets are as rugged and reliable as they come, and meet the requirements of the Buy America Act. Contact your sales rep for more information.

What do the Beach Boys,Mickey Mouse, and T&S low-lead faucets have in common?

Mickey Mouse® and the Beach Boys® are trademarks of Disney Enterprises, Inc. and Brothers Records, Inc., respectively, and T&S Brass has no affiliation with either such entity.

T&S plumbing products represented in California by:Northern - RepWest - 916-386-7500

Southern - Specification Sales - 909-594-7088

contributing to LEED certification

510852_TS.indd 1 12/18/10 3:45:11 PM

Products & Services Marketplace

24 California ConneCtion | www.caphcc.org

GAS PIPING SYSTEMS

519589_Gastite.indd 1 2/17/11 5:50:57 PM

Gastite Division of Titeflex603 Handee StreetSpringfield, MA 01104Phone: (800) 662-0208Fax: (413) 739-7325E-mail: cbarry@titflex.comWeb: www.gastite.comCorrugated stainless steel tubing has revolutionized the gas-distribution business, cutting your installation time by 60% versus black-iron pipe. Our job at Gastite is to make your job easier, safer and more profitable. Take a close look at the system that we believe is the perfect solution to your gas-piping needs.

Classifieds

President John roeber Roebers, Inc. jcr@roebers.com

Vice President George Salet George Salet Plumbing gsalet@plumbingpro.com

Secretary/Treasurer Guy tankersley Cal Delta Plumbing, Inc. guy@ caldeltaplumbing.com

Past President tom LeDuc Le Duc & Dexter, Inc. tom@ldplumb.co

Director Mike Barker Barker & Sons Plumbing barkerandsons @sbcglobal.net

Director rick Brashler Roto Rooter Plumbers rickb@rw-rotorooter.com

Director roger Lighthart Lighthart Corporation roger@lighthartcorp.com

Director Ed O’Connell Ed O’Connell Plumbing, Inc. ed@ oconnellplumbing.com

PHCC OF CALIFORNIA2011-2012 BOARD OF DIRECTORS

Director Harley Perry Perry Plumbing & Drain Service perryplumbing@ sbcglobal.net

Zone 4 Director Steve rivers Rivers Plumbing, Heating & Air stevenarivers@ yahoo.com

Director Louis Senteno J & D Plumbing Company louissenteno@aol.com

GREEN PRODUCTS - ENERGY EFFICIENT

541567_Roth.indd 1 7/15/11 7:30:39 PM

Roth Industries, Inc.268 Bellew Avenue SouthWatertown, NY 13601Phone: (888) 266-7684Fax: (315) 755-1013E-mail: info@roth-usa.comWeb: www.roth-usa.comRoth specializes in environmentally-friendly products that produce, distribute and store energy such as domestic hot water Solar and Geothermal Heat Pumps, Radiant Floor Heating and PEX-c Plumbing Systems, Septic, Cistern, Rainwater Collection and Oil Storage Tanks. Roth operates two manufacturing plants in Upstate New York.

PLUMBING FIXTURES & PRODUCTS

490855_Zurn.indd 1 8/9/10 11:38:40 AM

Zurn Industries, LLC1801 Pittsburgh AvenueErie, PA 16502Phone: (814) 455-0921Fax: (814) 875-1270E-mail: zurn-info@zurn.comWeb: www.zurn.comZurn Engineered Water Solutions, based in Erie, PA, offers a century-old tradition of high-quality products and customer service. Today, Zurn manufactures the largest breadth of engineered water solutions in the industry, including a wide-spectrum of sustainable plumbing products.

TRUCK/VEHICLE EQUIPMENT

516142_Reading.indd 1 1/28/11 11:56:22 AM

Reading Truck Body, LLCP.O.Box 650Shillington, PA 19607Phone: (610) 775-3301Fax: (610) 775-3261Web: www.readingbody.comEstablished in 1955, Reading Truck Body is dedicated to satisfying our customers’ needs by manufacturing products of the highest standard of quality and by providing service that exceeds their expectations. We strive for innovative designs and Green-Friendly products that help our customers be productive while being safe in their environment.

Legislative Corner

Carbon Monoxide Poisoning Prevention Act of 2010

The federal Centers for Disease

Control and Prevention estimate

that carbon monoxide kills ap-

proximately 500 people each

year and injures another 20,000 people

nationwide. In an effort to prevent these

accidental deaths and injuries, the California

Legislature enacted SB 183 (Lowenthal)

which mandates owners of dwellings

intended for human occupancy to install

carbon monoxide devices in existing dwell-

ing units having a fossil fuel burning heater

or appliance, fireplace, or attached garage.

CO devices must be installed in all

single-family dwellings by July 1, 2011. All

other dwelling units must have CO devices

installed by Jan. 1, 2013.

The California Building Officials (CALBO)

has created sample community outreach

materials that you can use to inform lo-

cal homeowners of the new law change.

PHCC has links on its web page to all of

the materials.

The Office of the State Fire Marshal

(SFM) has developed a list of certified CO

devices that meet the require-

ment specified within the

Carbon Monoxide Poi-

soning Prevention Act of

2010. For a complete list

of currently approved

devices please visit the

SFM’s website. Under

the search categories pro-

vided, select Carbon Monox-

ide Alarms and Carbon Monoxide

Detectors for a complete list of devices.

Further details contained within the

Carbon Monoxide Poisoning Prevention Act

of 2010 are outlined below:

• Owners shall install CO devices in a

manner consistent with building stan-

dards applicable to new construction

for the relevant type of occupancy if

it is technically feasible. See the 2010

California Building Code, Section 420.4,

and the 2010 California Residential

Code, Section R315.

• CO devices shall produce a distinct

audible alarm.

• CO devices may be com-

bined with a smoke de-

tector, if the combina-

tion device meets all

specified SFM listing

and approval require-

ments.

• Violation of Health

& Safety Code Section

17926 is an infraction pun-

ishable by a maximum fine of

200 dollars for each offense.

• A local enforcement agency shall

provide the property owner a 30-day

notice to correct.

• Local jurisdictions are authorized to

adopt ordinances requiring CO devices

if the ordinance is consistent with the

requirement of this bill.

For a full list of this legislation’s stipu-

lations please review the Department of

Housing and Community Development’s

Information Bulletin 2011-01.

What does this mean for contractors?

If you are performing work on a single-

family dwelling after July 1 that meets the

criteria for a CO detector, let the occupant

or owner know of the new requirements. If

your work requires a permit and inspection,

chances are the building official will require

the homeowner to install the CO equipment

before the work is approved so save yourself

and the owner some time and aggravation

and make it a practice to give your client one

of the available brochures. Also, you might

want to keep on hand some approved units

to install as part of your practice. ●

Richard Markuson is PHCC’s state lobbyist. He specializes in con-struction issues and exclusively represents open-shop contractors. Based in Sacramento,

he has lobbied for over 20 years.

New Law Requires Carbon Monoxide Detectors in HomesStarting July 1, 2011 new legislation will go into effect requiring homeowners to install carbon monoxide detectors in every California home. http://www.fire.ca.gov/communications/ communications_firesafety_carbonmonoxide.php

Carbon Monoxide News Release http://www.fire.ca.gov/communications/downloads/newsreleases/2011/ CarbonMonoxideDetectors.pdf

Carbon Monoxide Fact Sheet http://www.fire.ca.gov/communications/downloads/fact_sheets/CarbonMonoxide.pdf

List of Approved Devices http://osfm.fire.ca.gov/strucfireengineer/pdf/bml/ CSFM%20listed%20carbon%20monoxide%20devices.pdf

Frequently Asked Questions (FAQ) on Carbon Monoxide (CO) Devices http://osfm.fire.ca.gov/strucfireengineer/pdf/bml/ Frequently%20asked%20questions%20on%20Carbon%20Monoxide.pdf

Housing and Community Development’s Information Bulletin 2011-01 http://www.hcd.ca.gov/codes/shl/infobulls/IB2011-01.pdf

California ConneCtion | fall/Winter 2011 25

26 California ConneCtion | www.caphcc.org

Index to Advertisers/Advertiser.com

ABS & PVC DWV FITTINGS Canplas Industries, Ltd. ...................................16 www.canplasplumbing.com Charlotte Pipe & Foundry ...................................8 www.charlottepipe.com

ADHESIVES/CAULKS/SEALANTS LA-CO Industries, Inc. .....................................16 www.laco.com

BACKWATER VALVES Canplas Industries, Ltd. ...................................16 www.canplasplumbing.com

CHEMICAL DRAINAGE SYSTEMS Charlotte Pipe & Foundry ...................................8 www.charlottepipe.com

CONSTRUCTION LAW Abdulaziz & Rudman ...................................... 22 www.agrlaw.net

COPPER TUBING/PRODUCTS Viega ........................................inside back cover www.viega.com

CPVC PIPE & FITTINGS Canplas Industries, Ltd. ...................................16 www.canplasplumbing.com Charlotte Pipe & Foundry ...................................8 www.charlottepipe.com

DRAINAGE PRODUCTS Charlotte Pipe & Foundry ...................................8 www.charlottepipe.com

EVALUATION SERVICES ICC Evaluation Service .....................................19 www.icc-es.org

FAUCETS Fisher Manufacturing Company .......................17 www.fisher-mfg.com T&S Brass .......................................................23 www.tsbrass.com

FITTINGS – COPPER/PVC Viega ........................................inside back cover www.viega.com

FITTINGS – STAINLESS STEEL Viega ........................................inside back cover www.viega.com

GAS PIPING SYSTEMS Gastite Division of Titeflex ...............................24 www.gastite.com Viega ........................................inside back cover www.viega.com

GREASE INTERCEPTORS Canplas Industries, Ltd. ...................................16 www.canplasplumbing.com Green Turtle Americas, Ltd ..............................23 www.greenturtletech.com

GREEN PRODUCTS – ENERGY EFFICIENT H20 Solutions USA LLC ...................................20 www.h2osolutionsusa.com Roth Industries, Inc. ........................................24 www.roth-usa.com

HOT & COLD WATER PLUMBING SYSTEMS Charlotte Pipe & Foundry ...................................8 www.charlottepipe.com Viega ........................................inside back cover www.viega.com

HOT WATER ON DEMAND – RE-CIRCULATING SYSTEMS Viega ........................................inside back cover www.viega.com

HYDRONIC HEATING PRODUCTS Raypak, Inc ..............................inside front cover www.raypak.com Viega ........................................inside back cover www.viega.com

HYDRONIC SYSTEMS Viega ........................................inside back cover www.viega.com

PLUMBING & FIRE SYSTEMS Uponor .................................. outside back cover www.wirsbo.com

PLUMBING & HEATING SYSTEMS Charlotte Pipe & Foundry ...................................8 www.charlottepipe.com Viega ........................................inside back cover www.viega.com

PLUMBING FIXTURES & PRODUCTS Charlotte Pipe & Foundry ...................................8 www.charlottepipe.com Ferguson Enterprises.......................................13 www.ferguson.com Zurn Industries, LLC ........................................24 www.zurn.com

PLUMBING PRODUCTS TD Sales ......................................................... 22 www.tdsalesonline.com

PUMPS Liberty Pumps ...................................................6 www.libertypumps.com

PUMPS/PLUMBING Zoeller Pump Co. ............................................ 22 www.zoeller.com

RADIANT FLOOR/CEILING HEATING/ SNOW MELTING Viega ........................................inside back cover www.viega.com

SUMP PUMPS Liberty Pumps ...................................................6 www.libertypumps.com

TOILET SEATS & ACCESSORIES Bemis Manufacturing Company .........................5 www.bemismfg.com

TOILETS Saniflo .............................................................10 www.saniflo.com

TRUCK/VEHICLE EQUIPMENT Reading Truck Body, LLC .................................24 www.readingbody.com

WATER HEATERS A.O. Smith Corporation ......................................3 www.aosmith.com Bradford White Corporation ...............................4 www.bradfordwhite.com

WATER HEATERS – ELECTRIC, TANKLESS Bradford White Corporation ...............................4 www.bradfordwhite.com

WATER HEATERS – OIL-FIRED Bradford White Corporation ...............................4 www.bradfordwhite.com

ProPress XL-C 2-1/2" to 4" fittings.

ProPress 1/2" to 2" fittings.

An unpressed connection with the Smart Connect feature allows liquids and/or air to pass by the sealing element during pressure test.

EPDM seal Fitting bead

ProPress fitting

ProPress XL-C fitting

Fitting bead

EPDMseal

PBTspacer

Stainless steel grip ring

The stainless steel grip ring is pressed, forcing the grip ring teeth against the tube, making a high-strength connection.

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W W W . V I E G A . C O M 1 - 8 0 0 - 9 7 6 - 9 8 1 9

Why use Press Fittings over Sweat Fittings?In the study below it took 50% less time to install a typical restaurant bathroom with ProPress over sweating fittings. This will allow for jobs to be completed quicker, on time or ahead of schedule.

Pressed connection is pressed in front of, on top of, and behind the seal making a gas or water-tight seal. The Smart Connect feature is sealed during pressing.

Only Viega ProPress fittings and valves offer the Smart Connect®feature, a quick and easy way to identify connections that need pressing.

During pressure testing, water or air flows past the sealing element indicating an unpressed fitting. The Smart Connect feature has assured millions of leak-free connections for water and gas applications. ProPress is approved for potable water, fuel gas, marine and stainless steel applications. Viega ProPress fittings carry a 50-year warranty for copper.

For more information contactus at 1-800-976-9819.

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Press Fittings vs. Sweat FittingsSweat Fittings

Press Fittings

0 5 10 15 20 25 30

11

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Note: PHCC labor calculators were utilized in the labor estimate

PHCC Labor Hours

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