New Laws For 2009:
How They Will Affect Your Business
We welcome 2009 with new legislation that will impact businesses in California – covering everything from texting while driving, to political speech, to the posting of nutritional information. Read on for a list of seven new laws, released by the California Chamber of Commerce, to prepare yourself and your business for the New Year.
Family and Medical Leave Act
The U.S. Department of Labor has published the final version of the Family and Medical Leave Act (FMLA) regulations pertaining to military families and qualifying exigencies. The regulations define what a “qualifying exigency” is for purposes of qualifying for up to 12 weeks of FMLA 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 1, 2008, drivers have been required to use a hands-free device while talking on a cell phone and driving. Starting January 1, 2009, text-based communication while driving is prohibited as well, with the same penalties - $20 for the first offense and $50 for subsequent offenses. 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.
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 uses for international travel, but it is a valid passport that attests to the U.S. citizenship and identity of the bearer. This means that the card may be used for the Form I-9 process and can also be accepted by employers 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.
Political Speech
In July of 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. Guidelines include that non-disruptive political advocacy for or against a specific issue, related to a specifically identified employment concern that takes place during employees' own time and in non-work areas, is protected; on-duty political advocacy related to a specifically identified employment concern is subject to restrictions imposed by lawful and neutrally applied work rules; and leaving or stopping work to engage in political advocacy related to a specifically identified employment concern may also be subject to restrictions imposed by the employer.
Workers' 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 filed 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 Workers' 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 filed 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.
Thanks to the California Chamber of Commerce for providing this information. For more information, visit www.calchamber.com.
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