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Home >
Issues
> 2009 New Laws
December 15,
2008
Warning: New
Laws in 2009 May Impact Your Business
By Marna
Smeltzer
President and
CEO
The Redondo Beach Chamber of Commerce & Visitors Bureau
represents the interests of its business community with all
levels of government. Each year, the state legislature, for
example, approves many proposed laws that impact every
Redondo Beach business owner. The Chamber makes it a
priority to update and inform the business community of
important new laws.
The list below is a snapshot of some of the most important
laws impacting our businesses.
The following laws go into effect on January 1, 2009.
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.
Exemption for Physicians Paid on Hourly Basis
A licensed physician or surgeon who is primarily engaged
in performing duties for which licensure is required is
exempt from overtime if he/she is paid at least the minimum
hourly rate set annually by the state. Effective January 1,
2009, the minimum hourly rate is $69.13. This exemption does
not apply to employees in medical internships or resident
programs, physician employees covered by collective
bargaining agreements or veterinarians.
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 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.
Invalid Waivers
A bill amended Labor Code 206.5 making null and void the
execution of any release on account of wages due. Employers
who violate this law are guilty of a misdemeanor. The new
law -- effective January 1, 2009 -- adds the following
language: "For 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."
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
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 (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 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. List A documents are those used
by employees to prove both identity and work authorization
when completing the Form I-9.
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.
Workers' Compensation 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.
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