|
Cal Chamber’s List of New Laws Affecting Businesses in 2009
Family and Medical Leave Act
The U.S. Department of Labor published the final version of the Family and Medical Leave Act (FMLA) regulations
pertaining to military families and qualifying exigencies. Importantly, among numerous, significant changes,
the regulations define what a “qualifying exigency” is for purposes of qualifying for up to 12 weeks of FLMA
leave. Families with active military personnel may now be eligible if their situation meets one of the new qualifying
exigencies: short notice deployment, attendance at official military events or activities, arranging or providing
childcare, attending school or daycare meetings, handling financial and legal matters, and rest and recuperation
visits when the soldier is on leave.
Cell Phone Use
Since July 1st, 2008, drivers have been required to use a hands-free device while talking on the cell phone
and driving. Starting January 1st, 2009, text-based communication while driving is prohibited as well, with
the same penalties - $20 for the first offence and $50 for the subsequent offences. Specifically, the law prohibits
writing, sending, or reading text-based communication including text-messaging, instant messaging and e-mail,
on a wireless device or cell phone while driving.
Invalid Waivers
A bill amended Labor Code 206.5 making null and void execution of any release on account of wages due. Employers
who violate this law are guilty of misdemeanor. The new law—effective January 1, 2009—adds the following language:
“For the purposes of this section, ‘execution of a release’ includes requiring an employee, as a condition of
being paid; to execute a statement of the hours he or she worked during a pay period, which the employer knows
to be false.”
Temporary Employees
Wages for employees of temporary services employers shall be paid weekly or daily if an employee is assigned
to a client on a day-to-day basis or to a client engaged in a trade dispute. This requirement does not apply
to employees who are assigned to a client for over 90 consecutive calendar days unless the employer pays the
employee weekly. Failure to do so can result in civil and criminal penalties.
Minimum Pay for Exempt Computer Professionals
Effective January 1, 2009, Labor Code 515.5 was amended to allow payment to computer professionals as a monthly
or annual salary. Before this change, computer professionals had to earn a minimum hourly rate, set by the Division
of Labor Statistics and Research (DLSR) annually. The hourly rate for 2009 is increased from $36.00 to $ 37.94.
For 2009, the minimum monthly salary exemption is $ 6,587.50, and the minimum annual salary exemption is $79,050.00.
Passport Cards for Identification on I-9
The Departments of State and Homeland Security have begun to issue “passport cards” which may be used as
a “List A” document to verify employment in accordance with the I-9 form. The passport card is more limited
in its use for international travel (e.g., it may not be used for international air travel), but it is a valid
passport that attests to the U.S. citizenship and identity of the bearer. Accordingly, the card may be used
for the I-9 process and can also be accepted by employer’s participating in the E-Verify program.
The passport card is considered a List A document that may be presented by newly hired employees during the
employment eligibility verification process to show work authorized status. List A documents are those used
by employees to prove both identity and work authorization when completing the Form I-9.
Political Speech
In July 2008, the president of the National Labor Relations Board (NLRB) issued guidelines to employers concerning
employee participation in political advocacy activities and providing guidance to employers as to when disciplinary
actions for these activities may be appropriate.
The memorandum provides that:
Non-disruptive political advocacy for or against a specific issue, related to a specifically identified employment
concern that takes place during employee’s own time and in non-work areas, is protected; On-duty political advocacy
for or against a specific issue, related to a specifically identified employment concern is subject to restrictions
imposed by lawful and neutrally applied work rules; Leaving or stopping work to engage in political advocacy
for or against a specific issue, related to a specifically identified employment concern may also be imposed
by the employer.
Worker’s Comp Injury Reporting
Labor Code section 6409.1 was amended to change the reporting of work related injuries and illnesses. Currently,
form 5020 must be filled with the Division of Labor Statistics and Research (DLSR) within five days of an incident.
Once the regulations are finalized, insured employers must file a form as prescribed by the Division of Worker’s
Compensation (DWC) with the DWC, and self-insured employers must use a new, yet to be created, electronic form
within the time specified by the DWC. Amended reports following a death must now be filled with the DLSR instead
of the DWC. Insurers must use a new, yet to be created, electronic form with the DWC.
The bill specifies that regulations must be created to implement these changes, which will not go into effect
until the regulations are finalized.
Nutritional Information for Chain Restaurants
A new law requires chain restaurants with 20 or more facilities in California to post nutritional information.
Beginning July 1, 2009, to December 31, 2010, each facility must disclose nutritional information or calorie
count information about the food it serves. Nutritional information includes, but is not limited to, all of
the following, per standard menu item, as that item is usually prepared and offered for sale:
Total number of calories Total number of grams of carbohydrates Total number of grams of saturated fat; and
Total number of milligrams of sodium
CalChamber Offers Seminars on Labor/Employment Laws
CalChamber employment law experts will travel throughout the state conducting seminars on human resources,
labor and employment laws, regulations and court decisions that will affect how companies do business in 2009.
Take a quick glance at our Customer Testimonials and read why we are the best choice for all your staffing
and payroll needs:
If you're one of our valued clients, and would like to let us know how we're doing, we would love to feature
your testimonial in an upcoming newsletter.
Employees are the backbone of any company. Often the hiring process is rushed resulting in a less than
perfect workforce. Even so when the time comes to hire a new employee many smart business people believe
they are saving time and money by doing it themselves. Statistics show that in large cities, businesses,
both large and small, use staffing firms far more often than small town businesses. Small town business
people sometimes misunderstand about how staffing firms operate and what we do to save our clients time and
money.
Contrary to what some may believe, staffing agencies are an asset to companies and jobseekers. People
from all professions and walks of life come in and apply for positions every day. We offer these people
training and assistance in the job search. When they become our employees, we are there to back them up and
give them any help they need. Benefits are available and we do everything we can to assure job security and
personal well-being. Outstanding agencies, such Premier Staffing, attract some of the very best employees
from many professions all around the Central Valley.
When it is time to search for a new employee, consider the frequently painful process. First you must
define the position, establish the requirements, and begin the search. This can involve the cost of
advertising, taking telephone calls and wading through resumes of unqualified people then spending valuable
time sitting through pointless interviews
Premier Staffing will do the work and send only qualified people who meet your requirements so you can
interview good candidates and make a selection quickly and get on with the business of running your
business. We handle all payroll issues including submission of State and Federal taxes, unemployment issues
as well as workers compensation. We keep abreast of revisions in State and Federal labor laws and assure
compliance.
January 28 (6:00 pm)
Lodi Chamber Open House
At the Lodi Chamber of Commerce (35 S. School
Street, Lodi)
February 5 (5:15 pm)
Stockton Chamber Networking Mixer
At Wagner Heights Nursing
and Rehabilitation (9289 Bransetter Place, Stockton)
February 26 (11:00 am)
Stockton's State of the City Address
At the Port of
Stockton
Details: www.stocktonchamber.org
March 10 (4:00 pm)
Connect Lodi - Networking Event
At Wine and Roses, Lodi
 Premier Staffing is proud to be celebrating 30 years of excellence in the staffing industry, serving the
Central Valley.
We are a full-service, locally owned and operated company offering direct hire, temporary-to-hire and temporary
placement service. We recruit highly qualified candidates to fill positions in Accounting, Administrative, Clerical,
Technical, Light Industrial, and General Labor.
All Job seekers are subjected to a thorough, structured, in-depth interview conducted by highly trained and
experienced staffing specialists able to identify skill levels and work attitudes before being assigned to our
clients. We can also provide specialized testing, including Microsoft Office Suite and drug testing, when required.
We are proud to offer our temporary employees the opportunity to enroll in a medical insurance program, if
they should chose to do so. And now, Premier Staffing is offering the opportunity to participate in a
401K plan. Our employees are very important to us.
 Call
us for details the next time you need direct hire, temporary-to-hire, or temporary assistance.
|
