Assemblyman Niello aptly points out that small businesses take the brunt of over-regulation intended for the "greedy" corporations and aimed at protecting consumers, workers and the environment. He also indicates that the large corporations have the resources and ability to stay "a step" ahead of the regulators. Once again, government misses the target of its intended legislation and it falls literally on the backs of 99.2% of the "employer" or small businesses.
My perspective of this tragedy is based on 40 years as a small business owner and one who is attempting to survive the worst economic conditions in those 40 years.
Principled and Character-Based Businesses Owners Suffer The Most
Historically, here's what happens to owners with integrity and principles - they loose out to unscrupulous business entities that undercut prices and disregard regulations, labor laws, and every other civility desired in a business organization, especially in difficult economic times.
I live on a dead end street where people routinely drop off their garbage, unwanted pets (most get adopted - we have two) and other unmentionables. I see it on a regular basis. We have posted signage from the county about the fines for illegal dumping but it continues since no one monitors the street from 12:00 a.m. until 3:00 a.m. when most of it occurs. Homeowners all pay a utility fee for garbage and other disposal services - dumpers do not. We collective pay for them since the County provides the clean-up and includes the price in our fees.
Same goes for shell businesses with contract or illegal labor who disregard the regulations, do not have insurance and bid a job for half the price as a legitimate business. Shopping the lowest price without due diligence is no different than dumping your garbage and having someone else clean it up at your neighbor's expense. Due diligence? Check the status of business or contractor licenses, Better Business Bureau; asking for and checking references, ask for proof of insurance, especially Worker's Compensation so it does not end up a claim on your Homeowner's Policy. If your cheapest bid contractor doesn't have Worker's Comp - his staff is your responsibility by law in California. If we take this a step further, when anyone is hurt on a job, the medical staff initiate a barrage of questions (and sometimes innuendos) that it is a work relate injury (happens to me frequently) so they can collect from the employers or the homeowners insurance company and not tap into the patient's fees (do they ever offer a rebate on fees if someone else pays?). One step further, once a claim is filed, the California Applicants' Attorneys Association (CAAA) often contacts the injured worker to assist them with maximizing their claim and often sues the employer on behalf of the claimant. Some workers need this type of help but this organization is a bit over-zealous in it pursuit of justice, often for the sake of fees. All of the processes mentioned, insurance, medical coverage, worker's compensation insurance and Applicant's Attorneys are all regulated by California Law so what started out as a half-price bid ends up costing everyone considerably more money than the full-cost bid by an ethical and established contractor.
The Consumer assumes the brunt of the responsibility for controlling the cost of business in California by demanding and receiving information confirming the legitimacy of businesses they chose to employ. There are an abundance of organizations (government and private) and services to assist the consumer in this endeavor.
Charles E. Cassani, Steamatic of Sacramento