More Businesses Leave California ~ Carl’s Jr. (UPDATED)

This story comes from the Orange County Register and documents yet another company leaving the sunshine state:

California has changed dramatically since 1941, when Carl and Margaret Karcher scraped together about 325 bucks to start a hot dog cart in Los Angeles – a precursor to a drive-through restaurant they opened in Anaheim and which grew into the Carl’s Jr. fast-food empire. The Karchers were household names in Southern California, not just for their restaurants but for their activism in conservative politics and Catholic charities.

Whatever you think of the Karchers’ politics, you’ve got to love the entrepreneurial story that surrounds their success and what it said about California in its heyday. The Karchers – he died in 2008 and she in 2006 – came to the Land of Opportunity from the staid backwater of Upper Sandusky, Ohio.

California has beckoned many Midwesterners – and people from every part of America and the globe – not just because of its pleasant weather, but because of a culture of openness that allowed creative people to go as far as their ideas would take them. Unfortunately, people with energy and creativity are now likely to go elsewhere, to places where the state government has different attitudes toward the private sector.

Indeed, CKE Restaurants, parent of Carl’s Jr., is likely to move its headquarters from Carpinteria, near Ventura, to Texas and is undergoing a rapid expansion of restaurants in the Lone Star State. Right before the budget circus got going Wednesday, CKE CEO Andrew Puzder spoke at the California Chamber of Commerce, blocks from the Capitol dome. Like most of us, Puzder loves California and has no interest in leaving it, but he told harrowing tales about doing business in a state that has gone from an entrepreneurial heaven to a bureaucratic nightmare.

“It costs us $250,000 more to build one California restaurant than in Texas,” he said. “And once it is opened, we’re not allowed to run it.” This explains why Carl’s is opening 300 restaurants in Texas and only maintaining its presence in California. Texas has lower taxes than California, but the reason for the shift has more to do with regulation and with the attitude of the respective governments.

Puzder complained about the permitting process here, where it takes eight months to two years to open a new restaurant compared to an average of 1 1/2 months in Texas. In California, restaurants have to provide new curb cuts, new traffic lights, you name it. The company must endure so many requirements and must submit to so many inspections that it becomes excessively costly – and the bureaucrats are in charge of the project.

Once the restaurant is open, Puzder said, the store’s general managers are not allowed to run the business as if they own it. That’s the key to the company’s customer service approach – allowing general managers to do whatever it takes to make customers happy. But California’s inflexible, union-designed work rules, for instance, classify general managers as regular employees. They must be paid overtime for any work beyond an eight-hour day. They must take mandated breaks at specified times.

(read more)

The Carl’s Jr. CEO notes some of his reasoning in this decision that should alert Californian’s to the problems in creating a robust economy… or in killing it:

…“It costs us $250,000 more to build one California restaurant than in Texas,” he said. “And once it is opened, we’re not allowed to run it.” This explains why Carl’s is opening 300 restaurants in Texas and only maintaining its presence in California. Texas has lower taxes than California, but the reason for the shift has more to do with regulation and with the attitude of the respective governments.

Puzder complained about the permitting process here, where it takes eight months to two years to open a new restaurant compared to an average of 1 1/2 months in Texas. In California, restaurants have to provide new curb cuts, new traffic lights, you name it. The company must endure so many requirements and must submit to so many inspections that it becomes excessively costly – and the bureaucrats are in charge of the project.

Once the restaurant is open, Puzder said, the store’s general managers are not allowed to run the business as if they own it. That’s the key to the company’s customer service approach – allowing general managers to do whatever it takes to make customers happy. But California’s inflexible, union-designed work rules, for instance, classify general managers as regular employees. They must be paid overtime for any work beyond an eight-hour day. They must take mandated breaks at specified times.

If a busload of customers comes to a store, these general managers must sit back and do nothing if they are on a break period. Most states have 40-hour workweek rules, meaning employees are paid overtime after exceeding 40 hours of work in a single week. In California it is based on the day, which limits the ability of managers to work, say, six hours one day and 10 hours the next day. Puzder complains about these industrial-era requirements that impede flexibility and harm customer service.

And California law encourages “private attorney general” lawsuits against private businesses over overtime and other regulatory rules, which has created a huge financial incentive for attorneys to file questionable legal actions against restaurants.

“It’s not like we have kids working in coal mines or women working in sweatshops,” Puzder said. It’s not as if his workers in other states, where these regulatory rules don’t exist, are oppressed, he added. “How does this help us instill entrepreneurial values?” He wonders how all these nonsensical rules teach people about being independent from the government rather than dependent on it….

(O.C. REGISTER)

AARP Troubles

 

The Wall Street Journal notes why these costs are rising:

The AARP’s health insurance costs are going up next year due to rapidly rising medical costs that are partly fueled by the health overhaul, the AP is reporting.

Premiums for the group’s employees will rise by 8% to 13% next year, the story says. The association is changing co-pays and deductibles to avoid a 40% tax on high-cost health plans that goes into effect in 2018, according to the AP. About 4,500 people are covered by the group’s plans.

…(read more)…

May I recommend people change their status from AARP to another “provider” — click graphic:

Will the progressive lefts health care plan allow for choice or job growth?

In the above video we see Obama saying the following:

“IF you are already getting health insurance on your job, then, that doesn’t change. Health insurance reform passed was passed six months ago. I don’t know if anybody here has gotten a letter from their employer saying, ‘you have to go on government health care’….”

This statement is just false. I have posted in the past on this topic of companies dumping their plans because it will be cheaper for them just to dump their employees onto the government plan. Here is a recent example exemplified over at HotAir – 3M to dump retirees from medical coverage:

Remember when Barack Obama repeatedly promised that no one’s current coverage would have to change if Congress approved the health-care overhaul he demanded?  When the ObamaCare bill passed, the Associated Press suddenly discovered that the change of tax law that would supposedly generate billions of dollars to pay for the costs of the bill would also drive companies to dump retirees from their existing drug coverage and push them into Medicare.  Minnesota-based 3M became one of the first large corporations to do just that — and push retirees off of all their plans as well:

3M Co., citing new federal health laws, said Monday it won’t cover retirees with its corporate health-insurance plan starting in 2013.

Instead, the company will direct retirees to Medicare-backed insurance programs, and will provide reimbursement for that coverage. It’ll also reimburse retirees who are too young for Medicare; the company didn’t provide further details.

The company made the changes known in a memo to employees Friday; news of the move was reported in The Wall Street Journal and confirmed Monday by 3M spokeswoman Jackie Berry.

The ObamaCare bill created a fund to subsidize employers who didn’t dump their retirees, but the WSJ notes that it simply wasn’t enough to change the negative incentives created by the government interventions:

The changes won’t start to phase in until 2013. But they show how companies are beginning to respond to the new law, which should make it easier for people in their 50s and early-60s to find affordable policies on their own. While thousands of employers are tapping new funds from the law to keep retiree plans, 3M illustrates that others may not opt to retain such plans over the next few years. …

Democrats that crafted the legislation say they tried to incentivize companies to keep their retiree coverage intact, especially until 2014. The law creates a $5 billion fund for employers and unions to offset the cost of retiree health benefits. More than 2,000 entities, including many large public companies, have already been approved to submit claims for such reimbursement. 3M did not apply.

How did Democrats come up with the $5 billion figure for subsidies to protect retirees from losing their plans?  From the looks of it, they simply made it up.  They also didn’t do much calculation to determine whether the subsidies would actually incentivize employers into rejecting this strategy for cost savings.  To some extent, they may not have been able to make that calculation, because thanks to the massive amount of ambiguity in the bill, no one can really say for sure what the future costs would be.  And of course, that’s why 3M chose now to dump the retirees.

3m has 23,000 retirees, many of them likely to be living in Minnesota.  They’re also likely to vote in the upcoming midterms, perhaps even more likely now than ever.  That won’t be good news for House Democrats in the Minnesota delegation hoping to win a new term in four weeks.

We already know we will not know the ultimate costs… and going off of experience, we know all government programs are always more than what we are told:

This is a concern for the Dems and will be a losing issue (among the many others). Here are a couple examples of the impact this ridiculous bill has had on business: