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EVP NOTES
Anyway, you see my point in all of this. The same is going on regarding a very important issue to PCOC that will affect small business in the state significantly: namely, imposing a sales tax on services. In the 1930s, with property tax revenue declining because of the Great Depression, states began taxing the sales of items. Eight of the 45 states that collect sales tax impose that sales tax on around twenty service categories. The supporters of a sales tax on services point to a huge revenue increase to the state that can be used for civic minded projects such as education and health insurance. The problem that this kind of argument ignores, and why it can be classified as voodoo economics, is the huge offsetting negative effects that such a tax change would have on economic growth, both from a business and a consumer standpoint. Yes, voodoo economics is alive and well in California. It is up to organizations, such as PCOC, to keep elected officials honest when they pontificate on things they know nothing about. 
LEGISLATIVE UPDATE
IN THE NEWS
WHAT HAPPENED TO THE BEES? We have all heard that the bees are disappearing from the planet, and our agricultural food sources are in danger of not having enough bees to pollinate our ever growing food necessities. Terms such as Colony Collapse Disorder (CCD) have been used to create panic. The environmental movement has besieged regulators, legislators and the general public that the bees are dying, but how true is this? Well, like the false quote the environmental movement attributes to Albert Einstein, "If the bee disappears from the surface of the earth, man would have no more than four years to live," which he never said, the bemaggedon crisis is a crisis that never was.
From 2007-2012, some 30 percent of honeybees in the United States failed to survive the winter. That was 50 percent more than expected. Why were bees dying in higher numbers in California and parts of Europe while thriving in other European countries, Western Canada and Australia — where I might add, Neonicotinoids are used? Hardcore environmentalists initially blamed genetically modified organisms (GMOs). When this did not work out because of zero evidence to support this claim, they eventually moved to Neonicotinoids. This claim gained steam with the improper Neonic application at a Target parking lot in Wilsonville, Oregon. Neonicotinoids were introduced in the mid-1990s without incident as a less toxic alternative to Organophosphates and Pyrethroids and are often applied only to the soil or as a seed treatment. In his article, "Beemageddon? As hysteria over honey bees recedes, anti-neonic narrative refocuses on wild bees," Jon Entine, executive director of the Genetic Literacy Project and senior fellow at the World Food Center Institute for Food and Agricultural Literacy, University of California- Davis, says: "In 2013, panicked European Commissioners passed a two-year ban on neonics after sketchy reports of higher-than-normal winter deaths. Now the unintended consequences of what seems like a hasty decision are emerging." "The commission’s moratorium vote came despite contradictory field evidence–and well before the release of a spate of new studies suggesting that bee health had been improving globally even while neonics have been in use." "According to the latest report from the Food and Agricultural Organization of the United Nations, world-wide bee populations have been steadily increasing over the past decade and have hit a record high dating back to 1961. Both Europe and the U.S. are at record highs sinceneonics first came on the market in the mid-1990s." "The U.S. Department of Agriculture reported bee deaths have dropped nearly 25 percent over the past two winters and the overall population has increased 17 percent since 2008. Beehives regenerate quickly in the summer, so normal winter losses don’t necessarily translate into declining populations, which is why initial reports should not be taken at face value, as many reporters do. Overwinter losses in the U.S. are now just a few points above the 18.9% average losses considered acceptable by beekeepers, according to US DA’s Bee Informed Partnership, which runs the annual survey." Over the past two winters, bee survival rates have improved dramatically, especially in North America and Europe. But the crisis has been set in the public eye and the mainstream media with no amount of field evidence able to sway the scare. Even Dennis van Englesdorp, the University of Maryland researcher who coined the term, said last year that he had not seen a true case of CCD — a unique phenomenon involving bees abandoning their hives — in more than three years. Nine years ago, after CCD affected the bee population, honey production continues to improve — up 14 percent, according to the Department of Agriculture in March 2015. The total number of hives has increased again this year by 100,000 or 4 percent as it has for several years now. Even the EU found that through the winter of 2013-14, bee losses were dramatically down well within the normal range, below 15.4 percent. Most of the general population does not understand, but a decline in bee populations over the winter is a natural process, and much of the scare over bee losses is attributed to overwinter losses, not necessarily losses throughout the year. Their populations recover quickly over the summer when bees are the most active. And statistically speaking, in Europe, bee populations have continued to go up from 11,050,307 hives in 1995 to 11,965,007 in 2012. Jon Entine also stated, "The flood of recent studies challenging the ‘Neonics kill bees’ hypothesis may have delayed the release of the long-awaited White House Pollinator Task Force report, which activists thought might endorse a ban on Neonicotionids. But with commercial honeybee colonies stabilized and growing, the May report recommended a more measured approach, committing funds to increase pollinator habitats while ordering the EPA to review the effects of pesticides on pollinators over the next two years." For additional information, see Bayer’s powerpoints on the PCOC website – link below: http://pcoc.org/member-resources/technical-resources/
DPR LICENSE AND CERTIFICATE HOLDER RENEWAL NOTICE
DPR to applicators: Renew early Renewing applicator licenses today prevents delay The California Department of Pesticide Regulation urges pesticide license and certificate holders to submit renewal paperwork by Nov.19 to ensure timely approval of their licenses. The early deadline helps ease the end-of-year bottleneck of applications received by DPR; provides time to work out application problems like insufficient continuing education credits, incorrect payments, or missing or incorrect information; and, upon timely renewal, enables applicators to continue their work unabated into the New Year. "We receive most of the 13,000 renewal applications in the month of December," said Cynthia Ray, a DPR supervisor."This results in delays or the need to retest, due to insufficient Continued Education hours, for those applying just under the wire." Pest control business employees cannot legally buy, sell, or apply pesticides or make pesticide recommendations without valid certificates or licenses. DPR’s Licensing Program examines, licenses, or certifies commercial pest control applicators, aerial applicators, pesticide dealers and brokers, and pest control advisers. Those who send in renewal applications early are best ensured they will get their renewed license by Jan. 1.
Applications filed after Nov. 19 could face longer waiting periods. Filing early avoids late fees. It also lets DPR alert you to any application errors and allows time for you to fix them. For many applicators and advisors (individuals with surnames beginning with M-Z) and pesticide dealers and brokers, renewal packets will go out in the mail early this fall. The information required is contained inside your packet. For more information about the renewal process, the continuing education hours required, and the status of your renewal once submitted, see the DPR’s website: UPCOMING EVENTS
2015
Board of Directors Meeting — September 25- 26, 2015
Catamaran Resort — San Diego Golf Tournament Registration Hotel Registration BOD Agenda Board of Directors Meeting — December 11-12, 2015 Palm Springs Hilton — Palm Springs, Calif. Pestech 3.0 — January 5-7, 2016 San Jose Marriot- San Jose, Calif. NPMA Event Registration 
Comings and Goings
Welcome to a new section of Newsbriefs! Here, we will give news from our members: new hires, retirements, etc. If you have some news you would like to share, please send a short sentence or two to breann@pcoc.org. MEMBER NEWS
MEMBER VALUE PROGRAM
PCOC MONTHLY INSURANCE/SAFETY TIP
Employee or Independent Contractor...and Why You Need to Know Earlier this year, a court ruled that Federal Express drivers should have been classified as employees, when the company had classified them as independent contractors. And the U.S. Department of Labor announced that a five-year investigation in Utah and Arizona yielded $700,000 in back wages, damages, penalties and other guarantees for more than 1,000 construction industry worker.
In the case of the Southwestern construction workers, the employers required their workers to become "member/owners" of limited liability companies, stripping them of federal and state protections that come with employee status. These workers were building houses in Utah and Arizona as employees one day. The next they were performing the same work on the same sites for the same companies, but without the protection of federal and state wage and safety laws. In recent years, employers have increasingly contracted out job activities through the use of subcontractors, temporary agencies, labor brokers, franchising, licensing and third-party management.Legitimate independent contractors play an important role in our economy, but when employers deliberately misclassify employees in an attempt to cut costs, everyone loses. Employers often misclassify workers to reduce labor costs and avoid employment taxes. A misclassified employee — with independent contractor or other non-employee status — lacks minimum wage, overtime, workers’ compensation, unemployment insurance, and other workplace protections. By not complying with the law, these employers have an unfair advantage over competitors who pay fair wages, taxes due, and ensure wage and other protections for their employees. The Fair Labor Standards Act governs federal wage/hour standards and provides a minimal level of protection for employees. (States may enact stricter employee protection laws.) Whether a worker meets the Fair Labor Standards Act's definition of employee depends on the working relationship between the employer and the worker, not job title or any agreement that the parties may make. To guide employers, the U.S. Department of Labor issued Administrator’s Interpretation No. 2015-1 in July. You can find the entire document at dol.gov/whd/workers/Misclassification/AI-2015_1.pdf. In summary, the interpretation uses an "economic realities" test to determine whether the worker is economically dependent on the employer or in business for him or herself. Factors to consider include: (A) the extent to which the work performed is an integral part of the employer’s business; (B) the worker’s opportunity for profit or loss depending on his or her managerial skill; (C) the investments made by the employer and the worker, including materials and equipment, training, advertising, etc.; (D) whether the work performed requires special skills and initiative; (E) the permanency of the relationship; and (F) the degree of control exercised or retained by the employer. The Department of Labor says "...most workers are employees under the FLSA’s broad definitions. The very broad definition of employment under the FLSA as ‘to suffer or permit to work’ and the Act’s intended expansive coverage for workers must be considered when applying the economic realities factors to determine whether a worker is an employee or an independent contractor." The Consequences of Misclassification
Employers caught misclassifying employees—whether deliberately or not—can be required to pay fines, penalties, and back taxes. If you have questions on classifying your employees, please contact the PCOC Insurance Program department of EPIC at (877) 860-7378 or, email us @ ProPest@epicbrokers.com. Also check out: www.pcocinsurance.com NEW MEMBERS
FREQUENTLY REQUESTED INFORMATION
NPMA LOGIN FOR JOINT MEMBERSHIP LOGIN: 313501 PASSWORD: PCOC
Department of Food & Agriculture Department of Pesticide Regulation (DPR)
www.cdpr.ca.gov DPR on Facebook www.facebook.com/capesticideregulation DPR on YouTube (see "playlists" for videos pertaining to new surface water regulations) www.youtube.com/user/californiapesticides DPR on Twitter twitter.com/ca_pesticides DPR LinkedIn www.linkedin.com/company/california-department-of-pesticide-regulation Healthy Schools Act http://apps.cdpr.ca.gov/schoolipm/ Structural Pest Control Board www.pestboard.ca.gov Find Your Legislator |
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Thirty-five years ago, George H.W. Bush coined the phrase "Voodoo
Economics," referring to Presidential rival, Ronald Reagan. The term survived
and, in fact, haunted Reagan for years to come. Bush, of course, became
his vice president.
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Pest Control Operators of California |
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